Loading...
HomeMy WebLinkAboutPolice Officer Appointments JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS K Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 February 27, 1978 Hon. Kenneth Po LaValle New York State Senator The Senate State of New York Albany, New York 122~7 Dear Senator LaValle: Enclosed herewith are the necessary Home Rule Request forms for a new Home Rule Message relative to Senate Bill S7647 and Assembly Bill A9942. Very truly yours, Judith T. Terry Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 February 27, 1978 Hon. Martin J. Kerins Office of Minority Leader Room 936 Legislative Office Building Empire State Plaza Albany, New York 12248 Dear Mr. Kerins: Enclosed herewith are the necessary Home Rule Request forms for a new Home Rule M?sage relative to Assembly Bill A9942 and Senate Bill S7647. Very truly yours, Judith T. Terry Town Clerk IMPORTANT: READ INSTRUCTION E RSE SIDE ,,/~4HOME RULE REQUEST · i~,: (Request by a Local'Government for Enactment of To the Le~iMature: Pursuant to Article IX of the Constitution. the ........................ T.0-1~I ............................... of SOU~HOLD : requests the enactment oflitgigiy~bdl(No. _..~_~._/4_7_ ),Senate AN ACT in relation to authorizing the governing body of the town of Southold to make certain permanent appointments for the position of police officer. a Special Law) It is hereby declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows: (Check appropriate box) [] The local government docs not have the power to enact such legislation by local law. [] Other facts, as set forth in the following "Explanation" establish such necessity. 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 Iotal 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 [s made by the chief executive officer and concurred in by a majority of the total mem- bership of the local legislative body, both the chief executive officer and the clerk of the local legislative body must sign below. In such case usc the word "majority" below even though the vote may have been greater. B. [t the request is made by the local legislative body, at least two~thirds of the total membership thereof having voted in favor of such request, only the clerk of the local legislative body must sign below. [n such case use the words "two-thirds" below~ CHIEF EXECUTIVE..OI~ICER'S SIGNATURE (Signed) ........ L_Y_ ....................................... Date: .......................... CLERK'S CERTIFICATION I, Juditk_T._~err7 .................... do hereby certify that I am Clerk of the .................................................. of the ........... To_.wD of ................ ~o~_t~___O1}~. ................. and that on the _ _8_3~Q-_._. day of _____~__O_~. _r~-l___8-.rY. ........ , two-thirds 197'_8-. ,, ,quch legsatve body at least, . of the total membership having voted in favor thereof. approX~ed the foregoing request· ~t () .-; ~i (Signed)' \ '- / ...... ............... Date:" F_e_~r_u. arSr_2 ..... '- :,~' ,. ,,.,'~'~.~' ~STRU~IONS Copi~ ~uir~: ~ ~.Two ai~ ~pies of ~is form, s~c~yMg ~e ~al bill unm~r and rifle must ~ tiled wi~ each Hou~ , , :'E~mples: . ' ' ' - ' ':::'~ ~?''~'~ (a~ ~e b~ h~ ~n~'*'~oduced~ ~ only one Hou~ of ~e ~[a~re, four copies of ~e requesl fo~ m~t ~ ~ed~ i;e., ~o wi~ ~ Senate and ~o wi~ ~e Assembly. :" (b) If ~ idenfic~ b~ h~ ~en introduced ~ both Hours. ei~t ~pies of ~e request fo~ musl ~ ~¢d, Lc., ~o M~ ~e Senate ~d ~o with the As~mbly for ~e Senale b~ and ~e same fo~ ~ ~mMy b~. ~e si~ing of a home role ~quest or ~e adoption of a re~lufion by ~e 1~ le~]afive b~y approv- ~g such requ~t c~ot pre.de ~e date un w~ch ~e bill is actually intr~u~d in ~e ~sl~ture. ~ the e~ of p~ bB~. ~e ~ date of Mtroducfion is ~e fi~t day of ~e le~slafive ~ssiun. ~e request may ~ si~ or ~e ~lufiun adopted ~e s~e day as the date of ~ucfiun. Each time the bill is amended a new request must be filed (with the appropriate number of copies) and the new request must correctly identify the bill number as last amended. The signing of the request, and the date of the supporting resolution, cannot precede the date of the amendment. Trans~ttal: : ...... The signed forms should be sent as follows: To the Senate: To the Assembly: Home Rule Counsel Home Rule Counsel Senate Post Office Assembly Posl Office The Capitol 'I'Ve Capitol Albany, N. Y. 12224. Albany, N. Y. 12224 Definition of terms: Chiel executive o~cer. 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, flu: supervisor. (Municipal Home Rule Law §40) The board of superVCS°r~, board of aldermen, common council, council, commission, town board, board '-~:b~:Qof trustees or:other elective governing board or body vested by state s~atote~ charter or other law with .... jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2) Local government. A county, city, town or village (Coust. 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, IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE (Request by a Local Government for Enactment of a Special Law) To the Legislature: Pursuant to Article IX of the Constitution, the ........................ TOm ..................................... o! ...... S.OU2'HOLD__._. InaU~} °fAssembly ..... entitled ..... AN ACT in relation to authorizing the governing body of t_he town of Sour_hold to make certain permanent appointments for the position of police officer. ' It is hereby declared that a necessity exists for the enactment of such legislation, and thai the establishing such necessity are as follows: (Check appropriate box) . .:.,. [j~ The local government docs not have the power to enact such legislation by local law [] Other facts, as set forth in the following "Explanation" establish such necessity. EXPLANATION (If space below is not sul~cient, use separate sheet and a{'tach 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 majority of the total mem- bership of the local legislative body, both the chief executive officer and the 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 request is made by the local legislative body, at least two-thirds 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) "~ - ...... CLERK'S CERTIFICATION I, ._ _Juditt~ .T...-~erl~y ............. do hereby certify that I am Clerk of the. ~_o~.qYl.__~oa:r'0. ..... ........................ - -- _ ................................ of the T. QV/'B. ..................................... of ............... ~01~1.~0'] d. ................... and that on the _ ~-q], .... day of ......P___~]~CJ.I.~i"_~ ........ 9 7,8~-~ !such legislative body, al~p~ved the fore,gm~ng~request. { ?, ,\ \ k-,>, ,, ! Date: Ea~__24 ..... 19J8_ two-thirds at leastajl~,iO~ of the total membemhip having voted in favor thereof, INSTRUCTIONS : , Copies required: Two signed copies of-this _f0~m. specdying the final bill number and title must be filed with each House of the Legislature. · '~ '~ '~ "- :4' Examples: (a) If the bill has. been introduced in. only oneHouse of the.Legislature,: fo~:copie? 9f.t~e reqaest form must be filed, e .......... two with the Senate and two with the Assembly, . , , ' (b) If the iden~icai bill'has b~en introduced ~n {~oth Houses, eight'copies of tbe' request fom~ mus~. be ~ed, i.e., two with the Senate and two with the Assembly for the Senate bill and the same for the Assembly bill. Date of request: The signing of a homo rule request or the adoption of a resolution by the local legislative body approw., lng such request cannot precede the date on which the bitl is actually introduced in the Legislature. In of profiled bills~ the actual dato of introduction is the first day of the legislative session. The request may ! signed or tho resolution adopted the same day as the dote of introduction. Amended bills: Each time the bill is amended a new request must be filed (with the appropriate number of copios) and tho new requost must correctly identify the bill number as last amended. The signing of the request, and tho dato 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 To the Assembly: Home Rule Counsel Assembly Post Ofce The Capitol Albany, N. Y. 12224 Definition of terms: Chie] executive ol~cer~ In the case of a county, the elec0ve or appointive chief executive officer, if there be one, or otherwise tho 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 beard of supervisors, board of aldermen, common council, couiacil, commission, town board, board of lamstces or other elective governing board or body vested by state statute, charter or other law with jurisdiction to initiate and adopt local laws or ordinances. (Mu. dcipal Home Rule Law §2) Local government. A county, city, town or village (Const. Art. IX, §3; Municipal Home Rule Law §2) Spectal law A state statute which in terms and in effect appfies 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 ~fa legislative body. (Municipal Home Rule Law, §§20}.n??,_. STATE OF NEW YORK S. 7647 A. 9942 I 2 3 4 5 6 7 SENATE ASSEMBLY February 6, 1978 I N SEN ATE--Introduced by Sen. LaVALL~Ew-~ read twice and ordered printed, and when printed to be committed to the Comm, ittee on Local Government IN AS~qEMBLY--Introduced by M. of A. DURYEA--read once and referred to the Committee on Local Governments AN ACT In relatiOn to authorizing the governing body of the town of Southold to make certain permanent appointments for the position of police officer The People of the State of New York, represented in Senate and Assembly, do enact as follows:. Section 1. In making permanent appointments for the position of police offiecr for the police force of the town of Seuthold!~ the governing body of such town may require that resident eligibles of sucl~ town be certified first for appointment to such pasition; provided, however, no such preference shall be given for appointment from a promotion list. Upon exhaustion of the list of such resident eligibles, certification shall be made from 'the complete eligible list. § 2, This act shall take effect immediately. KENNETh P. LAVALLE THE SENATE STATE OF NEW YORK ALBANY 12247 February 15, 1978 Town Clerk Town of Southold Main Road Southold, N.Y. 11971 Dear Sir: Constitutional provisions mandate that certain bills require a Home Rule Request before the Legislature can act upon them. Senate bill S7647 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. no eric. THE ,SENATE ,STATE Of NEW YOrK Date: To Hon. J~ 3. l~'~l~t , Chairman Committee on ~.~l ~o~z~t : Re: Senate Bill No. This is to inform yoa that the above bill, now in your Committee, REQUIRES A HOME RULE REQUEST from: County(ies) of City(ies) of Town(s) of Somt~mold Village(s) of Copy sent to Introducer, Hon. Secretary of the Senate Irving [. waxma~ I Home Ru~e Counsel Xeuna~h P. LaValle Printed forms for Home Rule Requests may be obtained at the Senate Journal Clerk's Office (Room 323 Mezz.-Cap.) and at the Senate Supply Room (Room 215-LOB). Under the Joint Rules of the Senate and Assembly 4 signed copies of the Home Rule Request form are required for this Senate bill. 2 copies for the Senate should be sent to Mr. Waxman (c/o Senate Post Office), and the other 2 copies for the Assembly should be sent to the Assembly Journal Clerk (c/o Assembly Post Office). ~,ir. Waxman's office is in Room 4i5. His Senate telephone is 8036. HRC #5 OFFICE OF MINORITY LEADEF~ THE ASSEMBLY STATE OF NEW YORK ALBANY February 16, 1978 Town Clerk Town of Southold Main Road Southold, New York 11971 Re: A-9942 Gentlemen: I am enclosing herewith Home Rule Request, in quad- ruplicate, to be completed, signed where indicated and sealed where indicated, after appropriate action by the Board. Upon completion of the above items, kindly return all four (4) copies to me at: Room 936 Legislative Office Building Empire State Plaza Albany, New York 12248 A copy of the bill is also enclosed. MJK:mbk Very truly yours, Martin J. ~Kerins Enc.