HomeMy WebLinkAboutPolice Officer Appointments JUDITH T. TERRY
TOWN CLERK
[~EGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
May 27, 1981
Honorable Kenneth P. LaValle
New York State Senator
998 Middle Country Road
Selden, New York 11784
Dear Senator LaValle:
Senate Bill 5920, Home Rule Request, relative to
permanent appointments for the position of police
officer, was presented to the Southold Town Board at
a regular meeting held on May 26, 1981. The Board is
not ready to act on this Home Rule Request at this
time.
Very truly yours,
Judith T. Terry
Southold Town Clerk
RESOLUTION -
RESOLVED that the Town Board of the Town of Southold supports Home
Rule Message from the New York Senate, Senate 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", and be it further
RESOLVED that the Town Clerk be and she hereby is authorized and
directed to transmit the required Home Rule Request to the New York
State Senate.
THE SENATE
STATE OF NEW YORK
May 13, 1981
Southold Town Clerk
Main Road
Southold, New York
Dear Sir:
11971
RECEIVED
MAY 1 8 igB1
Tow~ C/en~ Souffiokl
Constitutional provisions mandate that certain bills
require a Home Rule Request before the Legislature
can act upon them. Senate Bill 5920 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,
Kenne~ P. LaValle
Encs.
STATE OF NEW YORK
5929
1981-1982 Regula~ Sessions
IN SENATE
Hay 4, 1951
Introduced by Sen. LflVALLE--?ead twice &nd o?do?ed l~lnted, and when
p?lnted to be committed to the Committee on Local Gove?nment
AH ACT in ?elation to &u%ho?lzlnG the $ove~nins body of the town of
Southold to make ce?%&in ps.marten% appointments fo~ the position of
police offlco~
The poo~le of the S%ato of New ¥o~k. ~eo~esentod in Send.to and Ass~m-
Section L. In making pe?m&nsnt appointments fo? the position of
police office? fo? the police force of the town of Southold, the Gove?n-
lng bod~ of such town ma~y ~equl?e that ?®sident eligibles of su0h town
be ce?tilled fl?st fo? appointment to such posltio~ p~ovided, howeve?,
Upon exhaustion of tho list of Such ~esldont eli$~bles, ce?tlflc&tlon
shall bo made f?om the complete ell(lbl® list.
~ 2, This &ct shall take effect immediately.
ZXPLAI4ATXON~Mttte~ in it&lies (undereoo?ed) ts new; matter in b?aokots
[ ] is old law to be omitted.
Puruose. or Ganeral Idea of B ;,: Tinis bill ~..,'o~d e-,~-"-bLe ~'l.e uo,,,n~ ' of Soutl:old' ' to ",' --~ r,~.._
ence to to~.,,n resicle_n.ts when mmk/_n~ ap_~oLn~n._=_~ts of Fo!ice officers frown Lb?_ ce~+_Lfi.ed
civil se~/i~ eliw{ble list.
Summ~ry of Sp~ific Provisions: '-' ' th~
Au~_norlzes Sou~ho!d T~n Board to gi~ o.refe_n=_~ce to
eligible ~:~.,}'~ residents wh=_a appoi~.tlP, g I '~-~ ~
pQ-I~- officers from the certified civil
s-~---~;ice elig{_b!e list.
Effects of Present Law wh ~n Tins Bill would Alter: 5he bLtl a.~l.is a special act to tiaa
Oaconso!idated Laws.
Justification: R"ae tc~..,~ off Sout/qold is s ,urro,in-2ed on ~ sidas by water wi~q limi~d acces3
~ the ~io~ ~mi~es ~ th~ ~.~s~p. ~ny nah~al c~s~hec o3~lld effec~velv isola~
Sou~inold from the rest of S,~folk ~t~'. Ih is d,~Lng such e~argencies
rcact%in~ l~j!ice fouce is
Uos~;~b[(:, ~ll:.~b tu~t~ers of st~h pYLlce force t~ ~.rn resi.~anhs. ~,bt-co-~er, to~i% rcsi-
{~hs a{e i~c%[a~ly avail~].e
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 ......... T_.o_..I~___ .................. o!
(county, city, town or village)
Senate
$ou/:hold r ", e~o the enactment of,~.._,,,~, bill(No. _.5_~20 __),
(name) (strike~out one)
entitled"
AN ACT in relation to' authorizing the governing body of the
to~m of Southold tO ma~certaln perm~-ent appointnnen~sfor
thePosition 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 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. .OF4~ICER'S SIGNATURE
(Signed) ............ : ....................................
(chiefexecutiveofficer)
Date:
...................................
(Print or type name b~low signature)
....... , 19 .........................................................
(Title of chief executive officer)
CLERK'S CERTIFICATION
I, . ................................ , do hereby certify that I am Clerk of the ......................
(print or type name) (local legislative body)
....................................... of the ......................................
(county, city, town or village)
of ........................... and that on the day of .................... ,
(name)
two-thirds
19 ....... such legislative body, at leasta . . of the total membership having voted in favor thereof,
' majority
approved the foregoing request. (strikeoutone)
(Signed) ...............................................
(clerk)
Date: ...................................... , 19 ......
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:
(a) 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 filed, i.e., two with the Senate and two '~vith the Assembly for the S6m(te 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:
Chic/executive officer.
In the case of a county, the elective or appointive chief executive officer, if t~ere 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 ail, 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)
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 .................. ~ _ o!
(county, city, town or village)
Senate .
............ ~(name) ........ requests the enactment of! bill(No. _ ~ ........ ),
( sh'ike out one)
entitled"
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 membershi
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-
bcrship 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. .OF-b'ICER'S SIGNATURE
(Signed) z .......................
(Print or type name below signature)
Date: ........... , 19 ......
(Title o! chief executive officer)
CLERK'S CERTIFICATION
I, ............................................. , do hereby certify that I am Clerk of the .............................
(print or type name) ii.cai legislative body)
................................... of the ................................................................
(county, city, town or villag~ )
of .................. and that on the day of ................ ,
(name)
19 ...... , such legislative body, at leastatw°[thl,rds' of thc total membership having voted in favor thereof,
malor(ty
approved the foregoing request. ($trikeoutone)
(Signed)
(clerk)
(Print or type name below signature)
Date: ......................................... , 19 ..........
INSTRUCTIONS
Copies required:
Two signed copies of this form, specifying the final bill number and tide must be filed with each House
of the Legislature.
Examples:
(a) 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 filed, i.e., two with the Senate and two ~vith the Assembly for the Senate bill and the same
for the Assembly bill.
Date of request:
The signing of a home role 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 preffied 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:
Chie! 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)
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 ...... ~ ................ of
(county, city, town or village)
Senate
.......... ~(name) ........... requests the enactment of! bill(No. _.1~ _ _),
entitled"
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 governmefit does not have the power tO enact such legislation by local law.
[] Other factsl 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-
bcrship 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. 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. .OF-IalCER'S SIGNATURE
(S ~ ed~._ion__, ...... : ....................................
(chief executive officer)
Date: .................... , 19
(Title of chief executive officer)
CLERK'S CERTIFICATION
I ................................... do hereby certify that I am Clerk of the .......................
............................................................... of the ...............................
of ...........................................................and that on thc day of ....................... ,
(name)
least atw°-thirds
19 ......... , such legislative body, at of the total membership having voted in favor thereof,
approved the foregoing request. (strike out one)
(Signed) ................................................
(clerk)
Date: ..................................... , 19 ..........
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:
(a) 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 filed, 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:
Thc signing of a home rule request or the adoption of a resolution by the local legislative body approv-
lng such request cannot precede the date on which thc 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 thc 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:
Chie! 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 (Cunst. 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)
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 ....... ~J~ .......................... o!
(county, city, town or village)
Senate
.... ~ -' ~(name) .... : _ request~ the enactment oflMilllllll~ bill(No. ~ ...... ),
(strike out one)
entitled"
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 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) ...... : .................................
(chief executive officer)
Date: ....... , 19
CLERK'S CERTIFICATION
I, . ...................................... , do hereby certify that I am Clerk of the ...........................
.................................. of the .......................................
of .................. and that on the ......... day of .................... ,
two-thirds
19 ...... such legislative body, at leasta . . of the total membership having voted in favor thereof,
approved thc foregoing request. (strikeoutone)
(Signed) .................................................
(clerk)
Date: ..................................... , 19 ......
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:
(a) 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 filed, 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 home role 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 preffied 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:
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 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)