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HomeMy WebLinkAbout2023 Local Law #5, Abolish Elected Town Clerk, Create Appointment          Local Law No 05 of 2023   A LOCAL LAW PROVIDING FOR THE ABOLITION OF THE ELECTED POSITION OF TOWN CLERK AND THE CREATION OF THE APPOINTED POSITION OF TOWN CLERK OF THE TOWN OF DANBY   Be it enacted by the Town Board of the Town of Danby as follows:  Section 1. This local law is enacted pursuant to Municipal Home Rule Law §§ 10, 22 and 23. This local law shall supersede any provisions of the Town Law of the State of New York to the contrary, including but not limited to Town Law §20 with respect to the method of selection of the Town Clerk in the Town of Danby, and any other provision of the Town Law providing for or referring to the creation of the elected position of Town Clerk. This local law shall also  supersede or repeal any prior inconsistent Local Law of the Town of Danby.  Section 2. The elected position of the Town Clerk in the Town of Danby, New York is hereby abolished, effective at midnight upon December 31, 2023. The appointed position of Town Clerk in the  Town of Danby, New York is hereby created, effective immediately upon January 1, 2024.  Section 3. Commencing January 1, 2024, the Town Clerk of the Town of Danby shall be the person appointed by the Town Board of the Town of Danby. The appointed Town Clerk shall have such powers and shall perform such duties as are or hereafter may be conferred or imposed by law, and such further duties as the Town Board may direct or so determine, consistent  with applicable law.  Section 4. Pursuant to the provisions of § 23 of the Municipal Home Rule Law, this local law shall be  subject to a mandatory referendum at the general election to be held on November 7, 2023.    SECTION 5. The provisions of this local law are severable. If any court of competent jurisdiction decides that any section, clause, sentence, part or provision of this local law is illegal, invalid, or unconstitutional, such decision shall not affect, impair, or invalidate any of the remaining  sections clauses, sentences, parts, or provisions of the Local Law.   Mary Ann Barr 2021   T he Town of Danby  1830 Danby Road, Ithaca, NY 14850  danby.ny.gov  Janice Adelman, Town Clerk  Cindy Katz, Deputy Town Clerk  +1-607-277-4788 | clerkoffice@danby.ny.gov Town of Danby, NY Local Law 5 of 2023 Abolish Elected Town Clerk Position to Create Appointed Position   SECTION 6. This local law shall take effect after the affirmative vote of a majority of the qualified electors voting thereon at the general election on November 7, 2023, and the filing with the Secretary  of State in accordance with the applicable provisions of law.    Vote on 19 July 2023 to approve Local Law 5 of 2023  Councilperson  Aye  Nay  Abstain  Connors X      Hunter X      Woodworth    X    Gagnon X       I, Janice Adelman, do hereby certify that the above local law was passed at a meeting of the Town of Danby held on 19 July 2023, is incorporated in the original minutes of said meeting, and, that said resolution to approve Local Law 5 of 2023 has not been altered, amended, or revoked, and is in full force and effect.         Janice Adelman  Town Clerk                     Official Seal of Municipality  Page  2 of  2