HomeMy WebLinkAboutTrustees Term of OfficeJUDITll T. TERRY
TOV, N CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPItONE
(516) 765-1801
April 7, 1983
Honorable Kenneth P. LaValle
New York State Senator
1779 Middle Country Road
Centereach, New York 11720
Dear Ken:
Transmitted herewith is Senate Bill No. 4662 and
Assembly Bill No. 6230 relative to the terms of the
Southold Town Trustees, which were approved by the
Southold Town Board at a regular meeting held on April
5, 1983.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Enclosure
THE SENATE
STATE OF NEW ¥O~K
RECEIVED
Town Ocr:: $out'~k'
March 29, 1983
Mrs. Judith T. Terry, T~wn Clerk
Town of Southold
Main ~Dad
Southold, New York 11971
Dear Mrs. Terry:
Constitutional provisions mandate that certain bills rec~ire
a Hcme Rule Request before the Legislature can act upon th~.
Senate bill 4662 is one such bill.
We respectfully request that your office cc~plete the enclosed
forms and return them to us as soon as possible.
Thank you for your help in this matter.
Sincerely yours,
Kenn~eth P. LaValle
Enclosures
S. 4662
A. 6230
by Senator LaValle
by Assemblyman Sawicki
MEMORANDUM
In support of AN ACT to amend
Chapter 615 of the Laws of 1983
in regard to the term of office of
the trustees of the Town of
Southold
SUMMARY
To provide for a change in the terms of office of the Trustees of Southold from
2 to 4 years upon resolution adopted by the Southold To~ Board and approved by
referendum of the voters.
PURPOSE AND JUSTIFICATION
The Southold Town Board of Trustees were created in 1893 by a special act of the
State Legislature. This Board has the management and supervision of the underwater
lands acquired by the Town of Southold under its colonial patent'. The special
act creating this board provides for a five-man board wf.¢h a term of two years.
The Town Board of the Town of Southold as well as the Board of Trustees wish
to change the term of o~fice of the trustees from two years to four years.
FISCAL IMPLICATIONS
None
EFFECTIVE DATE
Innnediate
'.:.,~'?7;;~.:~.':;L,:M",,i!: ;';~,,.' IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE.,,~:,/;. :.'
,'" . Request by a Local Govcrumcnt for Enactment ota ~pec~al uaw)
the Leg~slature:~.~ ?,, ' , ~ ,,,, . ' , .... ·
Pursua Aniclc IX of the Const tut on t~
AN ACT to amend C~apter 615 of ~he Laws of 1983 in regard to the
the trustees of the Town of Southold.
establi~hir sue.h, necessity' are ~s follows: (Check a
does not have the to enact :g~slauon by
as set forth m t ' e~tablish such
;pace not sufficient, tise separate
· ......"' Such request is made b~: (Check appropriate box)
[] The chief executive officer of such local government, a ma]o~ total
: of the local legislative body. (See A
Th& local legislativd body of such local government, at two-thirds of the total
i having voted~ in :!ay°r. of.s~h re uest (See -paragraph B~ be ow) , .,~, ~ . ..... ~..,
.-? READ BEFORE
request is made by the ch cf execuUve officer and concurred in by'a majority of th
bership of the local legislative body, both the chief executive officer and the clerk o
hod must s n be ow In such case use the word "majority" below even though the vote may
B. If the request is made by the local leg, slauye body, a! least two-th~rds .of th.e to, tal,membersl~p t,h¢. ,
havin voted in favor of such request, only th$ cler~ of the local legislative ooay must sign oelow,.
~ucgh case Use the words "two-thirds" below ~ i;?":~, ;~ ~ ~'~ ' ~,': :C'':~' ~' ~ ~ !:' .~'?;?d,¢;~..:
OFFICER'S
CLERK'S
CERTIFICATION
certify that I am Clerk of the_._?_OWlk Boa
.lative
the foregoing
at leasta' 'OtR]K ,
(Signed)
voted in favor thercof,~
· " .... " " ' INSTRUCTIONS
,"',:_; Copies required: ;,',;. ,.,: -; : - . '. ' ' '~'. ..... ''
':, ;,: ,; '?,,' Two signed cop es of this fc~rm, specifying thc final bill number and title must be filed with each House' '
-, ';:. · of theLegislature;" ' ".
Examples:/ ". ' " -
(a) If the bill has bee~ introduced in only one House of the Legislature, four copies of the re'quest
must be filed,'.i.e.~ two with the Senate and two with ·": '
the Assemb y
(b) If the identical bill has been irttroduded in both Houses, eight copies of th~ request foi-m must.
be filed, i.e., t&o with the Senate and two with the Assembly for the Senate bill and the same.
'' for the Assembl .... -
a home mlq request or the adoption of a resolution by the I legi~J:
such request cannot precede the date on which the bill ~s actually introduced in the Legislature. In thd case,
the actual date of introduction ~s the first day of the legislative session· The i'eque~;t may be.5
Each
the
bill
is
amended
a new request must be filed (with the appropriate number of copies) and the
ne~v request rat{st ~:orrectly identify the bill number as last amended. The signin~ and the date of
the supporting resolution, cannot precede the date of the amendment. ·' ,.
Transmittal:
The signed forms should be sent as follows:
To the Senate."" ' , ....
Home Rule Counsel
Senate Post Office
The Capitol
.A!bany, N. Y. 12224
Definition of terms: .... ,:~
Chie[ executive officer.
In the case of a county, the elective or .. . officer,
chai~man of the board of supervisors; in th~' ca;~ ;f a"city ;i' ~}llage,'
the case of a town. the supervisor. (Municipal Home Rule Law
Local legislative body. ,-
The board of supervisors, board of aldermen, common couhcil, council, commission, town board, board
of trustees or other elective governing board..~>[ body ~ested by state statute,'charter 6r other law
jurisdiction to initiate and adopt local laws or ordinanceS. (Municipal Home Rt~le I~aw
' IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE
.:. :. ~· ; '· HOME RULE REQUEST
· :' (Request by a Local Government for Enactment of a Special Law)
'~ To the Legislature: . :- ' ,". .... ~;
Pursuant to Article IX of the Constitution. the .................. --'ikYa~ .................................................. o!
· " ~ ..... '"' '"" '": ~ bill(No...6230._..~ ......... ),
';,::-~ entitled ' ' '
· Chapter
AN ACT to amend 615 of the Laws of 1983. in r d to the term of office
of the trusr~=es of the Town of Southold.
It is hereby declared that 'a necessity exists for the enactment of such legmlation, and that the facts
, ,:. establishing such necessity are as follows (Check appropriate box) -, , , --.~-..·
[~ The l~cal government does aot have the power to enact such legislation by local law. ',!
[] Other facts, as set forth in the following "Explanation" establish such necessi[y. /" ' ' · "
"- L:: ' : ~ ..... EXPLANATION ' '
(If space below is not sufficient, use separate sheet and attach ·
[] The chief executive officer of such local government, concurred in by a majomy membership .; ':,
of the local legislative body· (See paragraph A below) ."~
~ The lc~cal legislative body of such local government, at least two-thirds of the total membership thereof :,, ·~%'.. ·
having voted in favor of such request, (See paragraph B below) ' '
....... BEAD BEFORE SIGNING ~,~. ._
A. If the reques[ is made by the chief executive officer and concurred in by a majority of the total mem- J
of
the
local
~ ...~hershin legislative body, Doth the chief executive officer and the clerk of the local legislative
~..ho'-l'° must sign below. In such case use the word "majority" below even though the vote may have
been greater.'
B. If the request is made by the local legislative body, at least two-thirds of the total me'rnbership thereof
having voted in favor of such request, only the clerk of the local legislative body must sign below·
In such case use the words "two-thirds" below. :~ '· '
t'. - CIIIEF EXECUTIVE OFFICER'S SIGNATURE :':!'" "' ", ,-'
(Sianed) .................. : ........................................
Date: 19 ....... : ...... " - :---. .
CLERK'S CERTIFIC,ATION
I. : 4pdi~h .T:___ Ter.r_y_ ............... do hereby certify that I ant Clerk of the__-TQ-w--n---- Board
...... Iprmt or type name} ~, · (local legislative body)
................................ : ......................... : ................,, the ....... TO~Yll ..................... .......................
of ............. Sollthcllcl- .............. ~ ........ ~ ........... [_.and that on t e ._ 5t,h ...... day of .....Apl'il ............... : ..
198~} ...... such legislative body, at least~tw°-thirds of the total membership having voted in favor thereof,
approved the foregoing request.. :~ . . . .,
Date: \ _____A_p 1~ .5.._~ _ ~___ __-~,
Copies required:
INSTRUCTIONS
Two signed copies of this [otrn specifying the final bill number and title must be filed with each House ~ .:
of the Leg~slatdre-,. ' ...... "~ i <, '~ ~' ~'~'.;
Examples: ~· ~
If the bill has been introduced in only one House of the Legislature four copies of the request
~'orm must be filed, i.e.. two'with the Senate' and two with the Assembly. ':'
If the identical bill has been introduced in both Houses· eight copies of the request form must
be filed, i.e., two with the Senate and two with the Assembly for the Senate bill and the same
for the Assembly bill, '~ ' ': -',3
Date of request: ~ ;' .'
The signing of a home rule request or the adoption of a rcsointion by the local legislative body approv-
ing such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case
of prefiled bills, the actual date of introduction is the first day of the Iegislative session· The requesl may be
signed or the resolution adopted the same day as the date of introduction. ~ %'~
Amended bills:. ', ~ .' .... · - ~<,,'
Each time the bill is amended a'new request must be filed~' fwith the appropriate number of copies) and the
new request must correctly identify the bill number as last aml:nded. The signing of the request, and the date of
the supporting resolution, cannot precede the date of the amendment. ,.:
Transmittal: ' ~:' '"' ~-' ?:'~
The signed forms should be sent as follows:
To the Senate:
': Home Rule Counsel
Senate Post Office
The Capitol
.: Albany, N. Y. 12224 , .
Definition of terms:
· :,
To the Assembly: .. ,_
Home Rule Counsel
Assembly Post Office
The Capitol
Albany. N. Y. 12224
Chie! executive officer. " ' . . (.: f.' :! .; '-
In the case of a county, the elective or appointive chief executive officer, if there be one, or otherwise the
chairman of the board of supervisors: in the case of a city or village, the mayor (not manager); and in
the case of a town, the supervisor. (Municipal Home Rule Law §40) :'~" "~. .'-'-'~
Local legislative body. .'-'.
The board of supervisors, board of aldermen, common council, council, commission, town board, board
of trustees or other elective governing board or body vested by state statute, charter or other law'
jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law
Local government ,:; i ' -I:~
A count5', city, town or village {'Const. Art. IX, §3; Municipal Home Rule Law §2) '
Special law ~.~ : " .~ , "
A state statute which in terms and in effect applies to one or more. but not all. counties (other than those
wholly included within a city) cities, towns or villages. (Const. Art. IX ~3; Municipal Home Rule Law §2)
Total membership.
The total voting power of a legislative body. (Municipal Home Rule Law, §§20, 40)
....,. \ 5 -)?..;' !