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This entry was published on 2019-01-11
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SECTION 30
Creation of vacancies
Public Officers (PBO) CHAPTER 47, ARTICLE 3
§ 30. Creation of vacancies. 1. Every office shall be vacant upon the
happening of one of the following events before the expiration of the
term thereof:

a. The death of the incumbent;

b. His resignation;

c. His removal from office;

d. His ceasing to be an inhabitant of the state, or if he be a local
officer, of the political subdivision, or municipal corporation of which
he is required to be a resident when chosen;

e. His conviction of a felony, or a crime involving a violation of his
oath of office, provided, however, that a non-elected official may apply
for reinstatement to the appointing authority upon reversal or the
vacating of such conviction where the conviction is the sole basis for
the vacancy. After receipt of such application, the appointing authority
shall afford such applicant a hearing to determine whether reinstatement
is warranted. The record of the hearing shall include the final judgment
of the court which reversed or vacated such conviction and may also
include the entire employment history of the applicant and any other
submissions which may form the basis of the grant or denial of
reinstatement notwithstanding the reversal or vacating of such
conviction. Notwithstanding any law to the contrary, after review of
such record, the appointing authority may, in its discretion, reappoint
such non-elected official to his former office, or a similar office if
his former office is no longer available. In the event of such
reinstatement, the appointing authority may, in its discretion, award
salary or compensation in full or in part for the period from the date
such office became vacant to the date of reinstatement or any part
thereof;

f. The entry of a judgment or order of a court of competent
jurisdiction declaring him to be incompetent;

g. The judgment of a court, declaring void his election or
appointment, or that his office is forfeited or vacant;

h. His refusal or neglect to file his official oath or undertaking, if
one is required, before or within thirty days after the commencement of
the term of office for which he is chosen, if an elective office, or if
an appointive office, within thirty days after notice of his
appointment, or within thirty days after the commencement of such term;
or to file a renewal undertaking within the time required by law, or if
no time be so specified, within thirty days after notice to him in
pursuance of law, that such renewal undertaking is required. The neglect
or failure of any state or local officer to execute and file his oath of
office and official undertaking within the time limited therefor by law,
shall not create a vacancy in the office if such officer was on active
duty in the armed forces of the United States and absent from the county
of his residence at the time of his election or appointment, and shall
take his oath of office and execute his official undertaking within
thirty days after receipt of notice of his election or appointment, and
provided such oath of office and official undertaking be filed within
ninety days following the date it has been taken and subscribed, any
inconsistent provision of law, general, special, or local to the
contrary, notwithstanding.

2. When a new or an additional office shall be created, such office
shall for the purposes of an appointment or election, be vacant from the
date of its creation, until it shall be filled by election or
appointment.

3. When any member of a board, commission, committee or authority,
holding office by appointment of the governor, fails to attend three
consecutive regular meetings of such board, commission, committee or
authority, unless such absence is for good cause and is excused by the
chairman or other presiding officer thereof, or, in the case of such
chairman or other presiding officer, by the governor, the office may be
deemed vacant for purposes of the nomination and appointment of a
successor.

4. Neither the provisions of this section, nor of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
creating a vacancy in a local office of a political subdivision or
municipal corporation if the incumbent thereof ceases to be a resident
of such political subdivision or municipal corporation, shall apply in
the case of a person who is a member of the police force of any
political subdivision or municipal corporation of the state and who
while a member of such force resides (a) in the county in which such
political subdivision or municipal corporation is located; or (b) in a
county within the state contiguous to the county in which such political
subdivision or municipal corporation is located; or (c) in a county
within the state contiguous to such political subdivision or municipal
corporation; or (d) in a county within the state contiguous to a county
described in item (c) hereof where the former is less than fifteen miles
from such political subdivision or municipal corporation, measured from
their respective nearest boundary lines; or (e) in a county within the
state contiguous to a county described in item (d) hereof where the
former is less than thirty miles from such political subdivision or
municipal corporation, measured from their respective nearest boundary
lines:

(1) If such person was appointed as a member of such police force
prior to July first, nineteen hundred sixty-one, shall reside in any
such county on such date and shall continue to reside in any such county
after such date, or

(2) If the police force of which he is a member consists of two
hundred or more full-time members or shall have consisted of two hundred
or more full-time members when, as a member of such police force, he
shall have resided in such county and shall continue to reside in any
such county thereafter, or

(3) If the police force of which he is a member consists of less than
two hundred full-time members; provided, however, that the local
legislative body of such political subdivision or municipal corporation
having such police force shall have power to adopt and amend local laws,
ordinances or resolutions of general application requiring members of
such police force, other than those members covered by paragraph one or
paragraph two of this subdivision, to reside in such political
subdivision or municipal corporation, or permitting them to reside in
specified areas of such counties or within specified distances from the
political subdivision or municipal corporation provided such local
legislative body shall determine that a police officer may respond
therefrom promptly and be available to render active service in such
political subdivision or municipal corporation.

4-a. Neither the provisions of this section, nor of any general,
special or local law, charter, code, ordinance, resolution, rule or
regulation, creating a vacancy in a local office of a political
subdivision or municipal corporation if the incumbent thereof ceases to
be a resident of such political subdivision or municipal corporation,
shall apply in the case of a member of the department of sanitation of
any municipality who resides in a county within the state contiguous to
such municipality.

4-b. Except as otherwise provided in subdivision five of this section,
neither the provisions of this section, nor of any general, special or
local law, charter, code, ordinance, resolution, rule or regulation,
creating a vacancy in a local office of a political subdivision or
municipal corporation of the state if the incumbent thereof ceases to be
a resident of such political subdivision or municipal corporation shall
apply to the appointment or continuance in office or position of an
officer or member of a paid fire department in any political subdivision
or municipal corporation of the state, if such person resides in the
county, or one of the counties, in which such political subdivision or
municipal corporation is located.

5. Neither the provisions of this section, nor of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
creating a vacancy in a local office of a political subdivision or
municipal corporation if the incumbent thereof ceases to be a resident
of such political subdivision or municipal corporation, shall apply in
the case of a paid member of the uniformed force of a paid fire
department, who, for purposes of this section shall include persons
employed as fire alarm dispatchers, or in the case of a person employed
in a department of correction in the correction service of the
classified civil service, or in the case of a member of the department
of sanitation of any political subdivision or municipal corporation who
has five or more years of service, or in the case of officers and
inspectors employed in a department of health of a city of over one
million population, or in the case of a member of the department of
sanitation in a city with a population of one million or more who has
two or more years of service to such city who resides (a) in the county
in which said city is located; or (b) in a county within the state
contiguous to the county in which said city is located; or (c) in a
county within the state contiguous to such city; or (d) in a county
within the state which is not more than fifteen miles from said city; or
(e) in a county within the state contiguous to a county described in
item (d) hereof where the former is less than thirty miles from such
political subdivision or municipal corporation, measured from their
respective nearest boundary lines.

5-a. Any person who resides in this state and who is currently
employed as a member of the police force, a paid member of the uniformed
force of a paid fire department, or department of corrections in the
correctional service classification of the classified civil service, of
a city of over one million population, shall be exempt from the
provisions of paragraph (d) of subdivision one and subdivisions four and
five of this section upon compliance with the procedure set forth in
this subdivision. Any person seeking to benefit from the exemption
created by this subdivision shall notify his respective employer in
writing of said intention within thirty days from the effective date of
this subdivision and shall specify his then current residence address.
The exemption created by this subdivision shall be applicable only to
said actual designated residence and not to any residence that any
subject currently employed member may thereafter establish; provided,
however, that any such currently employed member who resides outside
this state shall have one year from the effective date of this
subdivision within which to establish residence as required pursuant to
paragraph (d) of subdivision one, and subdivisions four and five of this
section and comply with the notice requirements of this subdivision.
Said residence shall constitute a lawful residence for all purposes
notwithstanding any provision to the contrary of any general, special or
local law, charter, code, ordinance, resolution, rule or regulation.

6. Neither the provisions of this section, nor of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
creating a vacancy in a local office of a political subdivision or
municipal corporation if the incumbent thereof ceases to be a resident
of such political subdivision or municipal corporation, shall apply in
the case of appointed public officers in the city of Troy, except the
city manager of such city, who reside in the county of Rensselaer.

7. Neither the provisions of this section, nor of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
creating a vacancy in a local office of a political subdivision or
municipal corporation of the state if the incumbent thereof ceases to be
a resident of such political subdivision or municipal corporation, shall
apply in the case of the city court judge in the city of Hudson,
provided that such person resides in the county in which such city is
located.

8. Neither the provisions of this section, nor of any general, special
or local law, charter, code, ordinance, resolution, rule or regulation,
creating a vacancy in a local office of a political subdivision or
municipal corporation of the state if the incumbent thereof ceases to be
a resident of such political subdivision or municipal corporation, shall
apply in the case of a person holding the office of deputy sheriff in
the county of Nassau, provided that such person resides in Nassau county
or any adjoining county within New York state.