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HomeMy WebLinkAboutPolice Officer Appointments HOME RULE REQUEST (Request by a Local Government for Enactment of a Special Law) To the Legislature: TOWN Pursuant to Article 1X of the Constitution, the ....................................... of ( county, ~ t~ or village ),~ ._.SFTkHOLDOUT ............................ requests the enactment of Assembly bill(No. 1288 ), entitled" 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 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 does 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 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 be[ow) READ BEFORE SIGNING A. If the request is made by the chief executive officer and concurred in by a majority of the total ~nen~- bership of the IocaI 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 Iegislative 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. CtI1EF EXECUTIVF~.O~I;ICER'S SIGNATURE Date: CLERK'S CERTIFICATION 1, Judith T. Terry do hereby certify that I am Clerk of the (print or type name) (local legislative body) .......... ~I'own Bo~ rd: ......... of the _ ._ Tqwn of ........... Southold _ and that on the 6]~h .......day of _ _Februa_rY , two-thirds 1979 , such legislative body, at leastax~;li~y__ of the total membership having voted in favor thereof, n,,,,-." ' Februar5z 6 19_79_ .... JUD1Ttt T. TERRY - TOWN CLERK REGISTRAR OE VITAL STATISTICS OFFICE OF TOWN CLERK TOWN OF SOUTHOLD SUFFOLK COUNTY Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 February 7, 1979 Honorable John L Behan New York State Assemblyman Room 523 Legislative Office Building Albany, New York 12248 Dear Mr. Behan: Transmitted herewith is Assembly Bill No. 1288. A resolution pertaining to this Bill was adopted by the Southold Town Board at a regular meeting held on February 6, 1979. Very truly yours, Judith T. Terry Town Clerk JOHN L. BEHAN Assemblyman 1st District Including Towns of Southampton, Brookhaven, East Hampton, SouthoJd, Shelter Island and Riverhead THE ASSEMBLY STATE OF NEW YORK ALBANY Januar~ 27, 1979 Hon. Albert M. Martocchia, Members of the Town Board Town of Southold 53095 Main Road Southold, New York 11971 Supervisor Dear Supervisor Martocchia and Members of the Southold Town Board: I am writing to request Town Board approval of a ho~e rule request authorizing the State Legislature to en- act legislation that would permit the Southold Town Board to appoint eligible Town residents first from civil service lists for the position of police officer. You may recall that Perry Duryea sponsored this same bill during the last session. Before the State Assembly or Senate can act on this, we need approval once again from the local governing body. After doing so, please have the enclosed home rule requests completed and re- turned to me in Albany. My kind regards, ~HN~Si~r ,. tember o~t~the Assembly Room 523 Legislative Office Building ~ Albany, New York 12248 JLB:mpf Encl. JUDITtt T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFF[CE OF TOw~,CLERK ToWN OF SOUTHOLD SUFFOLK COUNTY Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 February 7, 1979 Honorable Kenneth P. LaValle New York State Senator The Senate Albany, New York 12247 Dear Senator LaValle: Transmitted herewith is Senate Bill No. 1002. A resolution pertaining to this Bill was adopted by the Southold Town Board at a regular meeting held on February 6, 1979. Very truly yours, Judith T. Terry Town Clerk HOME RULE REQUEST (Request by a Local Government for Enactment of a Special Law) To the LegiMature: Pursuant to Article IX of [he Constitution. the ........ To~o_ ............................... o! Southold requests the enactment Senate bill(No. 10~ ........... ), entitled" AN ACT in relation to authorizing th~ govez~ing body of the town of Southold 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 that the facts establishing such necessity are as follows: (Check appropriate box) [] The local government does 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 total membership of the local legislative body. (See paragraph A below) [X The local legislative body of such local government, at least two4hirds of the total membership thereof having voted in favor of such request. (See paragraph B below) READ BEFORE SIGNq[NG 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 a.d 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 EXECUTIVF~.OF'IglCER'S SIGNATURE tSir, d/,_.,,ne_. (chief executive officer) (Print or type name below signature) Date: ........................... , 19 (Title of chief executive officer) CLERK'S CERTIFICATION I, _O].9. d '!-th...T..Tg~'rx' ...................... do hereby certify that I am Clerk of the ........................ Town ...... Town Bo~d of the ...................................... of ............ .$outhol~.. .................... and that on the . 6~kh . day of ..v'?k~_ru_a_.r.~- ..... 19 7? ..... such legislative body, approved;.the foreg~oing request. Date: ~¢.~[_U.~aK~' ~ ~_ . two-thirds at least~q~v of the total membership having voted in favor thereof, (clerk) L~ ...... Judith, ~ :___._Te_r.~'.y'_ ............ (Print or type name below signature) 19_7___9. .... 425 MAIN ST. BREENPI-IRT, L. I., N.Y. 11cj44 February 1, 1979 Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 Re: Senate Bill 1002 to Authorize the Town Board of the Town of Southold to make permanent appointments of police offices of resident eligibles of the Town Dear Judy: Enclosed herewith is a letter, bill and proposed Home Rule Message sent to me by Senator LaValle relative to the above bill. This should be presented at the next Town Board meeting. Yours very truly, ROBERT W. TASKER RWT :MY Enclosures THE SENATE STATE OF NEW YORK ALBANY 1:~247 January 24, 1979 Robert W. Tasker, Esq. 425 Mmin Street Greenport, N.Y. 119~ Dear Mr. Tas~ Enclosed is a copy of Senate Bill 1002. Constitutional provisions mandate that certain bills require a Home Rule Request. Senate Bill 1002 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. KPL: JA:no ~e~eth P. LaValle Eric. STATE OF NEW YORK S. 1002 1979-1980 RegulM* 8eosiono A. 1268 SENATE-ASSEMBLY Jm'lum~ 11, 1979 I~2E.NAT .Fc-.In. trod.uced by ~..n. LaVA..I,L~E--r~.. twice and ordered printed, a u when prm~e~ ~o oe committed to me ~omm~ttee on Local Government IN ASSEMBLY--Introduced by M. of A. BEHAN--read once and referred to the Committee on Local Governments AN ACT iff relation to authorizing the 0ovemlng body of the town of Southold to The People of the ~tate of New York, represented in Senate and Assembly, do enact as follows: I Section 1. In making permanent appointments for the position of police 2 Officer for the police force of the town of 8outhold, the governing body of such 3 town may require that resident eligibles of such town be certified first for 4 appointment to such position; provided, however, no such preference shall be 5 given for appointment from a promotion list. Upon exhaustinn of the list of such 0 resident eligibles, certification shall be made from the complete eligible list. 7 J 2. This act shall take effect immediately. Memo on originai drJ: ela *' hUroduceci aZ J.e - :~- ~ .~'~ Ln re]atzen to a, Ltth~:tzinD ~:.~ goven~i_ng b~ly o~ the Lo:,,.n OE Sou~l~ra!d ho re~'.<e certain pe~ane~h ap~cohnhTents for ~Jte l~nsLtion of i:o!ice officer, Purpose or General Idea of Bill: This bill WoLLld e_n-~b!e Eh.e to,,;n of Sou~.old to gLve prefer- ence to to:,~t zesictents wh~ mz~ckng a~,~?m= ~ of - ~ULU..~S ~!ice officers fr~ ~e ~fJed ci~l ~- ' ' s~vz~ elig~le list. Summary of Sp~ific Provisions: Aut/~orizes the Sou~,ho!d T~n Board to give preference to eligible to, ch residents wh~--n appoLnt/ng police officers from the certified civil se_~v-ice eligible list. Effects of Present Law which This Bill would Alter: the b~ll ~- ' a~_~ a special ac~ to t~he Unconsolidated Laws. Justification: %"ne tc~,,,~ o~ Southold is s 'u~-ro,~aded on ~r~ sides by wnter with li~d access ~e ~io~ ~mi~es ~ th~ ~s~p. ~ny nahural ~sastec could effe~velv isola~ ~ou~o!d from the resk of Suffolk ~t~tf. IL is d,~ing such ~rgencies thak a q~L~ rcacbLeg [~!ice force is urgently nc~e~d. It is ess~%~hia! '~!%uofore, to tJ~ extenk ~.33~[b1:~, thit ~:e~t~ers of such pDll_:lce for:ce l>~ Lc~,/n :cesidon[-s. ~-k~ccovar, to~.,-a resi- are i~c~Lately avail~te ts./en~'-~qouc hot~s a c~ty. JUDITH T. TERmlY TOWN CLERg REGISTRAR OF VITAL STATISTICS Southold, L.I., N. Y. 11971 TELEPHONE (516) 765-1801 February 6, 1980 Honorable Kenneth P. LaValle New York State Senator The Senate State of New York Albany, New York 12247 Dear Senator LaValle: Enclosed herewith is fully executed Home Rule Request for Senate Bill 1002 which was authorized by resolution of the Southold Town Board on February 5, 1980. Very truly yours, Town Clerk Enclosures (4) IMPORTANT: READ INSTRUCT]OHS ON REVERSE SIDE HOME RULE REQUEST (Request by a Local Govcrmnent for Enactment of a Special Law) To the Legislature: Pursuant to Article IX of the Constitution. the ............. Town ................................. of Senate ................ SCalthOldr~mel ............................requests tile enactment °fs~'"--~bill(N°'"-l'002~ ~'h~ ............ )' entitled" AN AC~. in relation to authDrizing the governing body of the town of Southold to make certain permanent appointmants for the position of 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 follows: (Check appropriate bqx) The local government does 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 total membership of the local legislative body. (See paragraph A below) []~ The local legislative body of such local government, at [east two-thirds of the total membership thereof having voted in favor of such request. (See paragraph B beloM 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. [n 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 ol the local legislative body must sign below. In. such case use the words "two-thirds" below. CHIEF EXECUTIVE OFFICER'S SIGNATURE Date: ........... 19 .... (Signed) .............. (chief executive officer) CLERK'S CERTIFICATION I, Judikh ~. Terr~ . do hereby certify that I am Clerk of the ................ Town Board of the of ....... S~qthQld ................. and that on 'the ...Stk ]__ d~iy of ___ ~.e~ruar~ ........ least atw°-thirds 1980:. ..such legislat!ve body, at ' . of the total membership having voted in favor thereof, aplfove~-,' the ;'[s~,c foregoings, o~ ,.oc^['l , request. \ Date: ...... Judith .T. __Terry KE:NN~TH P. LAVALLE THE SENATE STATE OF NEW YORK ALBANY 1:~;=47 January 18, 1980 Southold Town Clerk Main Street 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 1002 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:mg STATE OF NEW YORK 1979-1980 Res*ul~ Sessions SENATE-ASSEMBLY January 11, 1979 A. 1268 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 ~olice officer for the police force of the town of Southold, the governing body of such town may require that resident eligibles of such town be certified first for appointment to such position; 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. bth fqdmb~r: Assembly___ .1288___:___ Sen3te lJ0'-' ....... [~] ~lemo on original draft, of bill L-_l M, emo on amended bill Sponsors: Members of Assembly: ......... ' ................. ~ ........................................... Se,m to rs:_. Z¢-/~-~-/_/~ ........................................................... Introduced at the request ol~. Title of Bill: i~N ACT in relation to at~borizing bhe gove_~ng bcdy oE the t~.,,~ of Southo!d to m~-2ke certain permanent appo~nhrents for b]%e posi'bion of poliqe officer, Purpose or General Idea of Bill: ~FrLLS bill wotLtd e_n?-ble Ehe to, vn of Soubhold to gL%~ prefer- once to tO'.~n resicle, qts when mz~d~g appoinh~?z~ts of police officers fr~ the cerbified civil servi~ eligible list. Summaw of Specific Provisions: Aubhorizes the Sou'-d/old T~ Board to giye preference to eligible to~a~ residents when appo.~qting police officers from the certified civil s~cwice elig~_ble list. Effects of Present Law which This Bill would Alter: 'i~e b?,-ll adds a special act to %_he Unconsolidatad Laws. Justification: ~*ae tc~,,~ of Sou~hold is s ,urro~.~ed on ~ sides ~y ~,~ter wi~ l~d access ~ ~ ~io~ ~itles ~ th~ ~-mship. ~ny na~al ~sas~ec coL~d effec-~vely isol~ ~u~.old fr~ ~e rest of S~fo~: ~t~b~. It is d~Lng such ~rgencies ~at a qEld( reac~z~ng ~!ice force is urgently nc~d. It is ess~bia! ~are~ore, to ~!e e~ent ~ossible, %hat ~e~ers o[ such pDlice force ~ ~-~;n residents. No~cover, towi] resi- di~s are i~ct[ahely avail~le ~.;en~,-fouc hot~s a ci~y. Fi,'c;d "" - JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y~ 11971 TELEPHONE (516) 765-1801 February 28, 1980 Honorable John Behan New York State Assemblyman Assembly Chambers The Capitol Albany, New York 12224 Dear Assemblyman Behan: Transmitted herewith is Home Rule, Assembly Bill No. 1228 entitled "AN ACT in relation to auth- orizing the governing body of the town of Southold to make certain permanent appointments for the position of police officer". Very truly yours, Judith T. Terry Town Clerk Enclosures (4) IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE HOME RULE REQUEST (Request by a Local Govermnenl for Enactment of a Special Law) To the Legislature: Pursuant to Article IX of the Constitution, the .Town. of SQ_~:.hold .............................. o! ..................................................... requests thc enactment o! Assembly bill(No. 1 ¢_~__8. ........... ), entitled" 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" It is hereby declared that a necessity exists for the cuactment of such legislation, and that the facts establishing such necessity are as follows: (Check appropriate box) [] The local government does 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, usc 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 legisIative 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 lhe total nrem- 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 ose the word "majority" below even though th~ yore may have been greater. B. If the request is made by the local legislative body, at Ieast 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 "twoqhirds' below. CHIEF EXECUTIVE OFFICER'S SIGNATURE (Signed) ................... ~___]___~ (chief executive officer) CLERK'S CERTIFICATION . Town Board I, Ju_~i~!~__?.. ~._er_~y ........... do hereby certify that I am Clerk of me ........................................ of the ....... ._T_._o___w._rt_ ~ Southo ld of ...................... and that on the 26th February .... day of ......... , two-thirds 19 ~0 , such legislative body, at leasta lmx~t:i~ of the total membership having voted in favor thereof, approved the foregoing request. (strikeoutone) Date: .._][._ ~ , 19___ : Date. Febru, ary 28 ' , 19~___0_ Judith .T. Terr~ ........................... (Print or lyp~ name below signature) STATE:OF NEW YORK - . ' 1979-1980 Reg~l-a~ Sessions SENATE'ASSEMB[' ' J~num'y 11, 1979 .- IN SENATE--Introduced by Sen. LaVALLE--read twice and ordered prin[ed, and when prmted to be committed to the Committee on. Local Government IN ASSEMBLY--Introduced by M. of A. BEHAN-[read once and referredto the Committee on Local Governments AN ACT in relation to authorizing the governing body of the town of Southold to make cet~?~n_.~e[~anent appointments for the position of police officer The People of the State of New York, represented in Se~ate and Assembly, do enact as follows: Section 1. In making permanent appointments for the position of lmlice officer for the police force of the town of Southold, the governing body of such town may reqmre that resident eligibles of such town be certified first for appointment to such position; provided, however, no such preference shah be given for appointnmnt 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. EXPLANATION -- Matter in italics is new: matter in bracketa [ ] is old l~w ~ be omitted. LBDg~36-2~2 [ha ce~cJ. Ilea ~f~_nce to fled civil rr with ].im%'hmd acces: ~tld ef[ech%ve!y isol~ to ~n .... ~mmrgenc~eo ~ '~ q~kck ~oLtP~old from khe resh of sukf0lk ~km~'- Ih is d,~[ng .much rcac[-tng pi]ce force ~s t.rg._,.hl~ ,~ ...... d. -ts - ---.... JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE i ~: T0~N Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 March 26, 1981 Honorable John L. Behan New York State Assemblyman Legislative Of£ice Building Room 523 The Capitol Albany, New York 12224 Dear Assemblyman Behan: Transmitted herewith is Home Rule Request for Assembly bill No. 2388, entitled "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." Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (4) IMPORTANT: READ INSTRUCTIONS ON REVERSE SIDE.., -; ! HOME RULE REQUEST I 11981 (R iial ) equest by a Local Government for Enactment of a Spe , Law -~ i To the Legislature: Pursuant to Article IX of the Constitution, the ......................... :_.TO .w_p. ...............................o! ................ Southold ............ requests the enactment of~, myAssem'-'-' bill(No..2388 .......... ), entitled" 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. 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 does not have the power to enact such legislation by local law. [] Other facts, as set forth in the following "Explanation" establish such necessity.. EXPLANATION (II space below is not sufficient, usc 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 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) .................................................... (chiefexecutiveofficer) Date: .............. , 19 ......... CLERK'S CERTIFICATION I ,J'.LtdiOl_ ~_..T~I'I'y ................. , do hereby certify that I am Clerk of the ............... L _[ ....... ...................... -Town Boa, rd ...................... of the ..~ _TD~'II_ ..... ~ .............................. of .............. ~Q~Q~ ........... and that on the 2~.~h __ day of __~_~e) .............. , 19 8' ~ ~ at least~ of the total membership having voted in favor thereof, ... l~such Iegi~l~tive~ody, two-thirds approved the foregoing request. (~ttikeoutone) Date ....... ..... INSTRUCTIONS Copies required: Two signed copies of this form, specifying thc final bill number and title must bc filed with each House of the Legislature. Examples: (a) If the bill has been introduced in only one House of thc Legislature, four copies of the request form must bc filed, i.e., two with thc Senate and two with the Assembly. (b) If the identical bill has been introduced in both Houses, eight copies of the request form must be flied, i.e., two with the Senate and two with the Assembly for thc Senate bill and the same for the Assembly bill. Date of request: The signing of a home rule request or the adoption of a resolution by the local legislative body approv- ing such request cannot precede the date on which the bill is actuatly introduced in the Legislature. In the case of prefiled bills, the actual date of introduction is the first day of the legislative session. The request 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 bc filed (with the appropriate number of copies) and the new request must correctly identify thc bill number as last amended. 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 To the Assembly: Home Rule Counsel Assembly Post Office The Capitol Albany, N. Y. 12224 Definition of terms: Chic/executive officer. 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 with jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2) Local government. A county, 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 alt. 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) JUDITII T. TERRY Tovm CLERK OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 February 11, 1982 Honorable Kenneth P. LaYalle New York State Senator Senate Chambers The Capitol Albany, New York 12224 Dear Senator LaValle: Transmitted herewith is Home Rule Request for Senate Bill 5920 and Home Rule Request for Assembly Bill 2388 which was approved by the Southold Town Board at a regular meeting held on February 9, 1982.. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures THE SENATE STATE OF' NEW YORK January 19, 1982 Judith Terry, Town Clerk Town of Southold Main Road Southold, New York 11971 Constitutional provisions mandate that certain bills require a Hc~e Rule Request before the Legislature can act on th~. Senate Bill 5920 (A. 2388) is one such bill. I respectfully request that your office ccmplete the enclosed forms and return them to us as soon as possible. Thank you for your help in this matter. Sincerely yours Kenneth~P. LaVal le Enclosures ce .rt_i fJed nce to ci~_l :c--hive iv iso!a~ ~, ~,.~ lr.Tadiahely · va ;.lam] e L.,,~n %'-fo: :: .... '~" a STATE OF NEW YORK 592O [981-198Z Regular Sessions IN SENATE May 4, 1981 Introduce4 by Sen. LAVaLLE--read twice and ordered printed, and when AN ACT in relation %o authorizing the governin~ body of the town of Southold te make certain permanent appointments for the position of police officer The Peomle of the State of New York. reoresented in Senate and ~s~em- bl¥. do enact as follows~ Section 1. In making permanent appointments for the position of police officer for the police force of tho town of Southold, the govern- lng body of such town may require that resident eligibles of such town be certified first for appointment to such position; provided, however, no such preference shall be given for appointment from a promotion list. Upon exhaustion of %he lis% of such resident eligibles, certification shall be made from the complete eligible list. § Z, Thl~ aC~ Shall t~[e e£fect i~medlately. EXPLflNRTIOR~M&tte~ in italics (underscored) is new; matter in brackets [ ] iS old law tO be omit%ed. LBDl-$4-13-622 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 ......................... -Town ..................................... of ~ Senate ............... Sout:hold~,a-,~.' .......................... requests the enactment °Ts~'~0'~)bitl(N°'( r,~',?~'u'r~ ---5920 .......... ), entitled" AN ACT in relaCion to auChorizing the governing body of the Town of Southold to make certain permanent appointments for the position of police officer It is herel~y declared that a necessity exists for the enactment of such legislation, and that the facts establishing such necesmty are as follows: (Check appropriate box) ~ The local government does 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 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. CtlIEF EXECUTIVE OFFICER'S'SIGNATURE (Signed) .................................................................. Date: ............................ , 19 ......... CLERK'S CERTIFICATION I, . .......... Jud'i.th..T_._._.Tex:~y ................ , do hereby certify that I am Clerk of the_ __TQ~I1 (print or ty~ name) (l~al legislative ............................................................................... of the ................... ~0~ .............................. (county, c~ty, town of village) of .................. Southold ........................... and that on the ~ ....... day of___ ~.b~ ........ , 19.._~4uch ~egmlat~ve b~y, approved the tore[omg re~est. ...... two-thirds at leasta~ll{.~.~ of the total membership having voted in favor thereof, (attik¢ out one) (Signed~~?~~-~_f ............ ........ · _Tud±th. T~. '£'e<:ry. ................ I ... ...... d ar. , .-,quest c, .~c>::y o~. th:; '-,--, ~ FosUr~oa of so'Lice Purpose or G~ne. ral l,-~=,~, of B ;, This o~-ll ~.-:ou!-3. .... · ;.~. · . ence to to:,gt residents when m-~J<J-ng appoi_n~_.ants of Fo!ice officers frown tin_~ c-o.r+_ified civil se~-¢i~ eliw~Jble list. Summary of Specific Provisions: Aut2~.orizes ~2ae ~,,'-~l~ -e_=-,_,ce to --~ .... 'i'a'~,,,,-r,. ~d to give o~ ~ .... · eli~le ~..~ resi~n~ ~.zh~e ~t~ng pol~ce o~rlc~s f~m ~e ce~fied ci~_l s~i~ e~q~!e Effects of Present Law which This Bill would Alter: ~he b I -~-~-~- ' ~---~ ~ sgec~! ace to the Justi~icar. ion: R~ae t~,~ of Sou~d~.old is su__~rotm-2ed on ~ sides by .... ,.a~,=r wi~n !Jm~d access to ~e ~io,~ ~icmcmi~es ~ th~ ~:As~p. ~ny na~al c~saste~ coug_d ~=. ~'~ .... feu~ z=~ i3ola~ ~ot _:ol~ frc{a th~ rest of , =': ' - su~n d~qts .... i~ediately ,. .... :, ~, ..~.. INSTRUCTIONS Copies required: Two signed copies of this form, specifying the final bill number and title must be filed with each House of the Legislature. Examples: (aS If the bill has be~n introduced in only one House of the Legislature, four copies of the request form must be filed, i.e., two with the Senate and two with the Assembly. (b) If the identical bill has been introduced in both Houses, eight copies of the request form must ': :'"~ .be filed, i.e., two With'ihe'Senate and two ~ith the Assembly for the Senate bill and the same Date of request: The signing of a home rule request or the adoption of a resolution 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 legislative session. The request 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 (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. 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 Office The Capitol Albany, N. Y. 12224 Definition of terms: ChieJ executive o[ficer. 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 with jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2) Local government. A county, 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 Role Law §2) Total membership. The total voting power of a legislative body. (Municipal Home Rule Law, §§20, 40) JUDITH T. TERRY TOWN CLERK REGISTRAR O1: VI[AL SI '~1 IS[ICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 February 11, 1982 Honorable genneth P. LaYalle New York State Senator Senate Chambers The Capitol Albany, New York 12224 Dear Senator LaValle: Transmitted herewith is Home Rule Request for Senate Bill 5920 and Home Rule Request for Assembly Bill 2388 which was approved by the Southold Town Board at a regular meeting held on February 9, 1982. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures jAN 0 l B2 KENNETH P. LAVALLE THE SENATE STATE OF NEW YORK January 19, 1982 Judith Terry, Town Clerk Town of Southold Main Road Southold, New York 11971 Dear Ms. Terry: Constitutional provisions mandate that certain bills require a Home Rule Request before the Legislature can act on th~. Senate Bill 5920 (A. 2388) is one such bill. I 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 Enclosures STATE OF NEW YORK 592e ~98[-~982 Resular Sessions IN SENATE H&y 4, 198[ Introduced by Sen. ~VALLB--read twice and o~dered p~lnted, and when printed to be conuaittsd to the Co~ittes on Local Gove~nmen% AN ACT in relation to authorizing the ~ove~ning bod~ of the to~n of SouthOid to make certain permanent appointments fo~ the position of police officer The People of the State of New York. ~e=~esented in Senate and Ass®m- Sec%ion 1. In making permanent appointments fo~ the position of police officer for the police force off the to~n of Sou%ho~d, the govern- lng body of such town may ~equire that resident eligibles of such town be certified first fo~ appointment to such position~ provided, however, no such preference shall be given for appointment f~om a p~omotion list. Upon exhaustion of the list of much ~esident eligibles, ce~tification shall be made f~om the complete sit,ibis list. § ~. This act shall take effect lamediatel¥. ~XPLANATIOR--Matte~ in ttaltc~ (underscored) ts n®w; matter tn br~okots [ ] la old ~&w to bo omitted. ~;~:ila [¢:r5; . - ~- .......................................................................... ;'-3q LI-3S t O~ ................................................................................... ACT ~ re!a~Le~ 'to e.u~ocizL~g ~he. Sov~nhn9 b~Zy o[ th~ ~.,~ o~ r~'~'.<e certa~ pa~'a~t a~oh~anta .flor the ~o~L:~ort o~ police offio~. Puroose or General Idea o[ Bill: Tb_i.s bi. il wou!t em-z~ble Lha '- , ' · ~a,,n of Sou~zold to g,sre prefec- eace ~ to?,n resi~hs whea m~q~ ~ ' ~= ~ ar~hq=..~=s of Fo%ice officers fr~ ~ ~fJed ci~! se~-i~ elig~lelis=.' = Summ-'ry of Specific Provisions: Aukhorizes the Sout~ko!d T~,~ Board to give p.uef~_qce to eligible t~..~ reslo_~=_s wh~_a appoh~.t/~g pu!ice officers from the certified civil se_~,;ice eligible list. Effects of Present Law wh'cn This Bill would Alter: 5he b[ll a~s a special act to tl~e Uncensolidated Laws. Justification: %"ne t~..,~ of Sou?b. old is surro,mndad on ~ sides by water wi-~ llmi~d access to ~e ~io~ ~i~es ~ the ~,~s~p. Any na~t~al c~saske~ cou~.d effec~valv isola: Sou~nold from the rest of S~m[fo~c ~%n~,. It is d,~Lng such ~2rgencies that a rcach[ng' [~!ice rocca is urgea~ly nc>e~cl. It i5 esse~tia! 'hharefore, to ~ze ~7~s[blc:, /h::~k met:hers of such pDlJce force t~ ~?;n rcsldon~s. ~bucov,~r, to;.n~ rcsi- 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 ......... Tosra ............................... of (county, city, town or village) f Senate ............. Soul;hold(,ame) ..... ] .............. requests the enactment o ,~ bill(No. ,-*-5920 ....... ), entitled" 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 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 does 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 total membership o[ 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 lccal legislative body must sign below. In such case use the words "two-thirds" below. CHIEF EXECUTIVE OFFICER'S SIGNATURE (Signed) ...................................... (chief executive officer) .................................. (Print or tybe narnc below signature) Date: (Title of chief executive officer) CLERK'S CERTIFICATION I, . ......... ,3'ttdi~h T..._Tex~x'y .... , do hereby certify that I am Clerk of the. __TOVCla Boar_d__ (print or type name) (l~al legislative body) of the .... of .............. 8ontho~d ..... and that on the ~h. _ day of ~b~H~ ....... , (name) 19 82 .~uch Je~slat~e body at teasta . . of t~ total membership having voted in favor thereof, approyed the foregoing re,est. INSTRUCTIONS Copies required: Two signed copies of this form, specifying the final bill number and title must be filed with each House of the Legislature. Examples: (aj If the bill has been introduced in only one House of the Legislature, four copies of the request form must be filed, i.e., two with the Senate and two with the Assembly. (b) If the identical bill has been introduced in both Houses, eight copies of the request form must '"'~ ~ be flied, i.e.,tWO With'ibc Senate and two With the Assembly'for the'Se~ate 'bill and the same ~' ": '::~ for:the Assembly bill.:: ' :~ .:~-: ::~ ": ' : . ~ ~- ' Date of request: The signing of a home rule request or the adoption of a resolution 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 legislative session. The request 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 (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. 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 Office The Capitol Albany, N. Y. 12224 Definition of terms: Chiel executive officer. 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 with jurisdiction to initiate and adopt local laws or ordinances. (Municipal Home Rule Law §2) Local government. A county, 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)