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A09862 Summary:

BILL NOA09862
 
SAME ASSAME AS S08775
 
SPONSORHawley
 
COSPNSR
 
MLTSPNSR
 
 
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.
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A09862 Actions:

BILL NOA09862
 
04/19/2022referred to governmental operations
05/24/2022reported referred to rules
06/03/2022reported
06/03/2022rules report cal.720
06/03/2022substituted by s8775
 S08775 AMEND= COONEY
 04/14/2022REFERRED TO LOCAL GOVERNMENT
 05/31/2022COMMITTEE DISCHARGED AND COMMITTED TO RULES
 05/31/2022ORDERED TO THIRD READING CAL.1679
 06/02/2022HOME RULE REQUEST
 06/02/2022PASSED SENATE
 06/02/2022DELIVERED TO ASSEMBLY
 06/02/2022referred to governmental operations
 06/03/2022substituted for a9862
 06/03/2022ordered to third reading rules cal.720
 06/03/2022home rule request
 06/03/2022passed assembly
 06/03/2022returned to senate
 07/11/2022DELIVERED TO GOVERNOR
 07/21/2022SIGNED CHAP.457
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A09862 Memo:

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.
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A09862 Text:



 
                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
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