S T A T E O F N E W Y O R K
________________________________________________________________________
1571
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. CALHOUN -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the town law, in relation to authorizing towns to pass a
resolution requiring the deputy supervisor be an elective town board
member
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 42 of the town law, as amended by chapter 808 of
the laws of 1972, is amended to read as follows:
S 42. Deputy supervisor. The town board of any town may at any time
establish the office of deputy supervisor. The deputy supervisor shall
be appointed by the supervisor to serve at the pleasure of the supervi-
sor, and in case the office of supervisor becomes vacant any deputy
supervisor in office at the time such vacancy occurs shall continue to
serve until the successor of such deputy supervisor is appointed. If the
supervisor shall fail to appoint a deputy supervisor within five days
after the establishment of the office or within five days after a vacan-
cy occurs in the office, the town board shall have power to appoint such
deputy supervisor. During the absence or inability to act of the super-
visor, or while the office of supervisor is vacant, the deputy supervi-
sor shall preside, when present, at the meetings of the town board and
shall be vested with all of the powers and may perform all of the duties
of the supervisor under this chapter or any other law, except that he OR
SHE shall have no vote in his OR HER capacity as deputy supervisor on
matters coming before the town board and he OR SHE shall not serve as a
member of the county board of supervisors. Any person, including a town
officer, official or employee, may be appointed deputy supervisor,
provided that the person appointed shall possess the same qualifications
as an elective town officer, PROVIDED, HOWEVER, THAT A TOWN BOARD SHALL
HAVE THE AUTHORITY TO PASS A RESOLUTION REQUIRING THE DEPUTY SUPERVISOR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02217-01-9
A. 1571 2
BE AN ELECTIVE TOWN BOARD MEMBER. Before he OR SHE shall perform any
function as such, the deputy supervisor shall take and file the consti-
tutional oath of office and execute and file an official undertaking in
the manner prescribed in section twenty-five of this [chapter] ARTICLE.
The town board shall fix the compensation which the deputy supervisor
shall receive, which compensation may be in addition to any other
compensation he OR SHE may receive as a town officer, town official or
town employee.
S 2. This act shall take effect immediately.