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Home My WebLink AboutPolice Officer AppointmentsO?F[CE Ot JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 February 28~ 1~80 Honorable Kenneth P. LaValle New York State Senator Senate Chambers The Capitol Albany, New York 12224 Dear Senator LaValle: Transmitted herewith is Home Rule Request, Senate Bill No. 7204 entitled "AN ACT in relation to authorizing the governing bodies of towns and villages within Suffolk County to make certain permanent appointments for the position of police officer". Very truly yours, Judith T. Terry Town Clerk Enclosures (4) IMPORTANT: READ INSTRUCTIOHS ON REVERSE SIDE ',' HOME RULE REQUEST Iuest by a Loca!Government for Enactment of a Special Law) To t~e: L'egisfature: }' :% Pursuant to Article IX of the Constitution. the ....................... TO_WB ................................ o! of Senate ...... - ...........:-Sotu~h~ld _. _'- ............ requests the enactment ~ bill{No.. ?__.2_p_4_ ........... ), ' i:ntitled" ' . r, slr,geout one} AN ACT in relation to authorizing the governing bodies /of towns and Villages within Suffolk county' to make certain permanent appointments for the position of :-~-":i police officer. ~ ,, ;~.~ It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as foIlows: (Check appropriate box) [] The' local government docs not have the power to enact such legislation b3~ local law. [~. Other facts, as set forth in the following '~Explanation" establish such aecessity. .... EXPLANATION (If space below is not sufficient, use separate sheet and attach here) Such request is made by: (Check appropriate box) [] The chief executive officer of such local government, concurred in by a majority of the total membership of the local legislative body. (See paragraph A below) [~ The local 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) READ BEFORE SIGNING A. If the request is made by the chief executive officer and concurred in by a maloJity of the total mem- bership of the local legislative body, both the chief executive officer and thc clerk of the local legislative body must sign below. In such case use the word "majority" below even though the vote may have been greater. B. If the ~equest is made by the local legislative body, at least two-thircis of the total membership 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. CHIEF EXECUTIVE OFFICER'S SIGNATURE (Signed) Date: ................. , 19 CLERK'S CERTIFICATION J di h .. Town Board I .... _.U:_t_ :o __r_r:7_~_- _. do hereby certify that I am Clerk of me ...................................................... of the __ _Tpwn _ of Southold ..and that on the 26th da of February (name) 19 80 , such legislative body, at least,tw°]th!rds of the total membership having voted in favor thereof, approved the foregoing request. ($trlkeoutoae) Date:--v-.Eeb-r-uaa:k/-~. 8 , 1980 -Judith T, --Terry ............ KENNETH P. LAVALLE THE SENATE STATE OF NEW YORK ALBANY la~47 February 8, 1980 Southold Town Clerk Main Road Southold, New York 11971 Dear Sir: Constitutional provisions mandate that certain bills require a Home Rule Request before the Legislature can act upon them. Senate bill 7204 is one such bill. We respectfully request that your office complete the enclosed forms and return them to us as soon as possible. Thank you for your help in this matter. Sincerely yours, KPL :jmc gnc. STATE OF NEW YORK $. A. 8548 SENATE t SSEMBLY ~anua~*~ 15, 1980 IN SEHATE--lnt~oduced by Sen. L&VALLK--read twice &nd ordered printed, and when p~lntsd to bo conmt%tsd to the Cownittse on Civil Service &nd IN ASSEMBLY--ln%roduoed by M, of A. BEHAH-~~etd once and ?slurred to the Co~lttse on CoveYnuout~t Employees AH ACT In ~elation to authorXzin~ the $ovornin, bodies of towns ~nd vii- leges within Suffolk uounty to m~e curt&in pe~wflent appointments for the position of polite ofrtoor The Peoulu et tho St&to 'of New York. ~eo~eeented in Sen&ts and Assem- bly. do enact co follower Section 1, Notwl~ m&kXn, po~mtnunt appel1 Suffolk county, the S~ by local law, that we. preference shell he exhaustion of such lin made t~om the cor~luts ~teadin$ any p?oviulon of law to the contrary, on ttsents for tho position of police off~ce~ fo? ) dep&rtamnt of &ny town ow village located within ~ident eligibles of'such ~wn o~ village be ce~ti- ~nt to suoh pos~t~on; p~ovided, however, no such iv~ fo~ ~i~nt f~ t p~omotion list, Upo~ of ~osXdont e/XELbles, certification shall be E~PLAHATXON--htts? in tt~ttal (undeTsoo~ed) ts new; mttter tn byackstu [ ] is old X&w .t~o bo m~tttsd. '.,f ..:., LBDO40343X Bill Nulnber: Assembly Sponsors: Members of Assembly: MEMORANDUM IN SUPI'O[{'F OF LEGISLATION s,Jbjed i. accorda!~ce with Assembly ~ule ~ I (e} ~ Men]~ on original draf~ ol bill , -- Sen?e ~-~-~"~T ~ MenYd on amended bill V · ' -t'.::::~ '..': : ~ ~. '~, ' '~semblyban ~ohu L. Beha~' Senators: Introduced at the request of Title of Bill: AN ACT in relation to authorizing the governing bodies of tbwns and villages within Suffolk County t~ make certain permanent appointments for the position of police officer. Purpose or General Idea of Bill: To allow municipalities in Suffolk County to give a preference to resident ·eligibles in making an appointment.for police officers. .Summary of Specific Provisions: Provides a~thority to Suffolk County municipalities to provide a preferende to residents in hiring police officers. Effects of Present Law which This Bill would Alter; The Sta~e S.upreme Court for the 10th Judicial Distr~ct' in the O'Keefe and another subsequent decision has interpreted the Public Officers Law and the Civil Service Law as preventing municipalities from giving a preference to residences when. . appoi.ntlng, a p.ol. ic~ offic.er.... T.h~p .is the only judi.cial. ~l~s. trict.tg, so rule. This. :: :---..-.~ - ..... bill would ~neg'ate':this de'cision, iff Suffolk~ County. ": -: · ! 7." . . . :: -. :.'.. ,~"i...~.. ' ..... ' ....' ' ' ":" ''"":' ':' '"'~ ·" - ' : ' " -~:'.:?~,~..- :.- · i ""'""' "" . :"'"~"' '"' ''"""'"'"' '"'"" '~ ': ~':':":-.- ~nder the O'Keefe decision~ Suffolk County mu~icipallties have been prevented fr°m enacting a local law ~hat would give a preference to local residents for the position of police officer. As a result of this dedislon in the Tenth Judicial District, it is the only area in the state that so interprets the la~. This bill would make Suffolk County unifozm with the remainder of the state amd would afford to the qouhty's municipalities the benefits that Come to a community from hiring ~local police officers. Prior Legislative History: New bill Fiscal Implications for State and Local Governments: None Effective Date: I~maedi ately '.. :