Allows certain elected officials in the town of Clarkson, in the county of Monroe, who failed to take or file their respective oaths of office for the three-year term beginning January 1, 2020 to continue serving in their respective capacities provided they take and file their oaths of office within thirty days from the effective date.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9862
SPONSOR: Hawley TITLE OF BILL:
An act extending the time within which certain elected officers may file
their oaths of office
PURPOSE:
This bill would allow for those duly elected officials in the Town of
Clarkson in the most recent town-wide election (November 2021), who
failed to timely file their oaths of office within the statutory dead-
line, to properly cure that ministerial defect and serve out their full
terms.
SUMMARY OF PROVISIONS:
Section 1: The first section provides that for any duly elected official
in a town-wide race in the Town of Clarkson who failed to timely take or
file their respective oath of office, such officials will have an addi-
tional thirty day time frame from enactment of this legislation to take
and file their respective oaths of office. If such elected officials
take and file their respective oaths of office in the new thirty day
timeframe, they will be deemed to have been in their elected office
since the commencement of their term (January 1, 2022) and shall remain
in their respective office until the conclusion of their terra (December
31, 2023).
Section 2: The second section sets forth an immediate effective date.
JUSTIFICATION:
Under current law, once the term of a duly elected official begins, such
elected official has thirty days from commencement of their term to take
and file an oath of office. Failure to take and file an oath of office,
in the thirty day time frame disqualifies the duly elected official from
serving in their office, thereby leaving the office vacant. Pursuant to
existing law, once a vacancy occurs, the serving town board members may
appoint someone to fill the vacancy. However, the appointment is merely
temporary until an election can be held in the next-occurring November
to fill the remaining balance of that term of office.
On November 2nd, 2021, the voters of the Town of Clarkson elected Susan
Henshaw as town clerk. Clerk Henshaw failed to take her oath of office
due to illness within the thirty day time frame required by law. In the
absence of such filing, Clerk Henshaw could not legally hold•the office
she had just been elected to by the voters. The serving Town Board
Members appointed Clerk Henshaw to her elected positions until December
31st, 2022, as permitted by law. As previously stated, however, without
this legislation Clerk Henshaw would need to run again for this elected
office this coming November in order to serve out the remaining balance
of a four-year term. This is an unforeseen, unintended consequence of
existing state law that should be immediately corrected.
To now require Clerk Henshaw to run in another election for the remain-
ing balance of a four-year term that seemingly has already been granted
by the Clarkson voters is unjust, unfair and an unnecessary waste of
taxpayers' time and money. Most importantly, it has the potential to
nullify the results of a fairly held election for this office. Enacting
this legislation would uphold the decision of Clarkson voters and
preserve the integrity of the electoral process.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS: None. This bill would result in savings to the
taxpayers of the Town of Claarkson.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9862
IN ASSEMBLY
April 19, 2022
___________
Introduced by M. of A. HAWLEY -- read once and referred to the Committee
on Governmental Operations
AN ACT extending the time within which certain elected officers may file
their oaths of office
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Notwithstanding any law, rule, or regulation to the contra-
2 ry, any duly elected town officer or officers within the town of Clark-
3 son, in the county of Monroe, as of the last town-wide election that
4 failed to take or file their respective oaths of office within the
5 statutorily prescribed period shall continue to serve in such capacity
6 and for the term from January 1, 2020 through December 31, 2023 upon the
7 taking and filing of oaths of office consistent with section 25 of the
8 town law provided such oaths are taken within 30 days from the effective
9 date of this act. Such town officer or officers that take and file their
10 oaths of office within 30 days of the effective date of this act shall
11 be deemed to have been continuously serving in office as of January 1,
12 2020.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15336-01-2
