Town Attorney Local Law
Local Law 1995-1
Adopted April 6, 1995
A local law amending and superseding the application of Town Law Section 23 to the office of Town Attorney and Deputy Town Attorney of the Town of Colesville
Section I. Authority
This local law is enacted pursuant to the authority of Chapter 365 of the Laws of 1976 which added a new subparagraph (3) to paragraph d of subdivision 1 of section 10 of the Municipal Home Rule Law authorizing towns to adopt a local law which may amend or supersede any provision of the Town Law in relation to the property, affairs or government of the town or in relation to any of the other enumerated subject matters in such section 10, unless there is a State legislative restriction on such amendment or supersession.
Section 2. Eligibility of Town Attorney
Section 23 of the Town Law is hereby amended and superseded in its application to the Town of Colesville to provide that the Town Attorney and Deputy Town Attorney of the Town of Colesville at the time of their appointments and throughout their respective terms of office need not be electors of the Town of Colesville so long as they are residents of the County of Broome of the State of New York. A new sentence is hereby inserted at the end of Section 23 of the Town Law to read and provide as follows: "The Town Attorney of the Town of Colesville at the time of his appointment and throughout his term of office need not be an elector of the Town of Colesville so long as he is a resident of the County of Broome of the State of New York."
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The Deputy Town Attorney of the Town of Colesville at the time of his appointment and throughout his term of office need not be an elector of the Town of Colesville so long as he is a resident of the county of Broome of the State of New York."
Section 3. Compensation of Town Attorney and Deputy Town Attorney
Sections 20(2) and 27 of the Town Law are hereby amended and superseded in their application to the Town of Colesville by adding a new sentence at the end of Section 20(2) of the Town Law to read and provide as follows:
•a. The Town Attorney shall be compensated be a fixed salary for the following services:
•1. Preparing ordinances, resolutions and local laws for consideration by the Town Board.
•2. Preparing and reviewing contracts to which the Town is a party.
•3. Reviewing competitive bidding documents and bids.
•4. Furnishing legal interpretations and opinions concerning the Town Ordinances and Local Laws and other Town legislation
•5. Preparation of legal notices relating to public hearings concerning zoning ordinance amendments, zoning board hearings, planning board hearings, and other matters.
•6. Filing an annual report with the New York State Comptroller concerning tort claims pending against the Town; preparing other reports required by law.
•7. Furnishing legal advice to Town officers, Town Board members, and Town boards such as zoning board of appeals, planning board and tax assessment board of review.
•8. Attending meetings of the Planning Board, as required and furnishing legal advice during said meetings.
•9. Reviewing deeds of dedication relating to proposed Town highways.
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10. Handling miscellaneous legal matters.
b. The Deputy Town Attorney shall be compensated by a fixed salary for the following services:
1. Attending meetings of the Town Board and Town Zoning Board of Appeals, and, when requested, the Town Planning Board, and furnishing legal advice during said meetings.
c. The Town Attorney and/or Deputy Town Attorney shall be compensated at an hourly rate to be set from time to time by the Town Board for the performance of legal services not listed above which do not occur on a regular basis regarding which the Town Board requests the Town Attorney's or Deputy Town Attorney's assistance, such as legal services relating to:
1. Establishment of new special districts or new extensions to existing special districts, or expansion of facilities of special districts.
2. Litigation commenced by the Town.
3. Litigation commenced against the Town where there is no insurance providing the cost of defense to the Town.
d. All salary payments to the Town Attorney and Deputy Town Attorney made pursuant to paragraphs a and b of Section 3 of this Local Law and all hourly payments to the Town Attorney and Deputy Town Attorney made pursuant to paragraph c of this Section 3 of this Local Law shall be made on the payroll method so that all of such payments shall be subject to payroll withholdings, and the Town shall make social security contributions in connection therewith; and the Town shall take all of those salary and hourly payments into account in calculating the Town Attorney's salary and the Deputy Town Attorney's salary for salary, payroll and retirement system purposes, and the total thereof shall respectively be the basis for the Town's contribution on behalf of the Town Attorney and the Deputy Town Attorney to the New York State Employee's Retirement System. The Supervisor of
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the Town of Colesville and the Bookkeeper of the Town of Colesville are hereby authorized to take appropriate steps and to prepare and file all appropriate forms and statements in carry out said purposes."
Section 4. Effective Date
This local law shall take effect immediately when it is filed in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
