HomeMy WebLinkAboutFOR DISCUSSION: Local Law No. 2 of the year 2020 .pdfLocal Law Filing
New York State Department of State
41 State Street, Albany, NY, 12231
Town of Danby
Local Law No. 2 of the year 2020
A local Law to supersede the Whitehall Doctrine of Incompatibility
Let it be enacted by the Town Board of the Town of Danby as follows:
Section 1. - Title.
A local law to supersede the common law Whitehall Doctrine and Doctrine of
Incompatibility.
§ 2. - Background.
Whitehall Doctrine:Pursuant to the common law doctrine established in Wood vs.Town of
Whitehall,it is the general rule that a body having the power of appointment may not appoint
one of its own members in the absence of precise statutory authority so to do (Mac rum vs.
Hawkins,141 Misc.358,affd.235 App.Div.370,rev.on other grounds,261 N.Y.193,rearg.
den. 261 N.Y. 691; Wood vs. Town of Whitehall, 120 Misc. 124, affd. 206 App. Div. 786).
Doctrine of Incompatibility:The common law doctrine of incompatibility declares to be
incompatible any two public offices in which there exists an inconsistency of function or where
the basic duties of each office would necessarily interfere with the other,or where the holder of
one would be required to account or to be subordinate in some way to the other (People ex rel
Ryan vs.Green,58 NY 295;Corsall vs.Gover,10 Misc.2d.664,174 NYS 2d 62;1979 N.Y.
Op. Atty. Gen. (Inf.) 231).
The Attorney General's Office has,however,opined that upon a finding that the public interest
would be served,a local legislative body may enact a local law overcoming incompatibility of
office and the Whitehall doctrine.Incompatibility and the Whitehall doctrine are court-made rules
of law based upon public policy concerns.We [Attorney General's Office]have expressed the
opinion that these doctrines can be overcome by local law (1983 Op Atty Gen [Inf]157;1960 Op
Atty Gen [Inf]198).A local government is authorized to adopt and amend local laws,consistent
with the Constitution and general State law,relating to the powers,duties and qualifications of
its officers and employees (Municipal Home Rule Law,§10[1][ii][a][1]).Provided there is a
finding by the local legislative body that such a local law would be in the overall public interest,it
could enact a local law overcoming the Whitehall doctrine and incompatibility (1983 Op Atty Gen
[Inf]157).We [Attorney's General's Office]must emphasize,however,that the local legislative
body,based upon local conditions,must first find that the overall public interest would be served
by the local law. (1987 N.Y. Op. Atty. Gen. (Int.) 109).
§ 3. - Authority.
This local law is adopted pursuant to Municipal Home Rule Law,§10 [1][ii][a][1],which grants
to local governments the authority to enact local laws regarding the qualifications of local
officers.
§ 4. - Finding of Public Interest.
The Town Board of the Town of Danby hereby finds that the public interest would be served in
that:
●The Town of Danby is in a rural area where no other qualified residents are known to
exist.
●The Town Board believes the Town Supervisor is a good choice to fill one of the
positions of member of the Conservation Advisory Council,hereafter referred to as the
CAC.
●The Town Supervisor has previous experience on the CAC.
●The Town Supervisor has become familiar with the operations and duties of the CAC.
●The public interest would be served by superseding the Whitehall Doctrine and the
Doctrine of Incompatibility with respect to the Town Supervisor acting as a member of
the CAC due to the fact that the Town of Danby is in a rural area and there are no
interested suitable candidates for such position and the Town of Danby finds itself in
need of another member of the CAC.
§ 5. - Supersession.
This local law shall supersede the common law Doctrine of Incompatibility and the common law
Whitehall Doctrine with respect to the offices of TOWN SUPERVISOR and CONSERVATION
ADVISORY COUNCIL.
§ 6. - Inconsistency.
All other local laws and ordinances of the Town of Danby that are inconsistent with the
provisions of this local law are hereby repealed;provided however,that such repeal shall only
be to the extent of such inconsistency and in all other respects this local law shall be in addition
to such other local laws or ordinances regulating and governing the subject matter covered by
this local law.
§ 7. - Savings Clause.
If any clause,sentence,paragraph,word,section or part of this local law shall be adjudged by
any court of competent jurisdiction to be unconstitutional,illegal or invalid,such judgment shall
not affect,impair or invalidate the remainder thereof,but shall be confined in its operation of the
clause,sentence,paragraph,worked section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
§ 8. - Effective Date.
This local law shall take effect immediately.