2012 New York Consolidated Laws
PBO - Public Officers
Article 3 - (30 - 43) CREATION AND FILLING OF VACANCIES
30 - Creation of vacancies.


NY Pub Off L § 30 (2012) What's This?
 
    § 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 policeman 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 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.

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