LL 03 Advisory Boards NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
QW)PAY
CAMof Queensbury................................................................................
Town
Local Law No. ...................3............................... of the year 19 94..
A local law To Amend The Code Of.The...Town of Queensbury..By,..Ad.d.ing...A..N.0.w.....Chap.ter 3,
....................................
(insert Titlejo Be Entitled Advisory Boards
Be it enacted by the ................. ...Town...Boa. rd................................................................................................of the
....... ...
(Name of Legislative Body)
�y
# ueensbur ...........................as follows:
Town
VC�IIX
SECTION 1 . The Code of the Town of Queensbury is hereby
amended by adding thereto a new Chapter 3, to be known as "Advisory
Boards, " to read as . follows :
§ 3-1 . Purpose and Intent.
The Town Board of the Town of Queensbury hereby determines
that organized advisory boards can provide important and useful
information and ideas to the Town Board when it is reviewing and
r considering appropriate action or policy with regard to Town
r issues, functions and/or projects . Advisory boards can assist the
Town Board by reviewing, researching and gathering information and
presenting such information, findings and/or recommendations, ideas
and opinions to the Town Board. Further, a formal and organized
advisory board can provide a vehicle for interested citizens to
share their ideas and expertise with the Town Board. Such boards
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS•239 (Rev. 7/90)
would also provide vehicles for interested citizens to have more of
an involvement in their community. In view of the foregoing, it is
the Town Board' s determination that advisory boards can assist and
benefit the Town Board, as well as the entire community.
S 3-2 . Title.
This chapter shall be known as and entitled, "Advisory
Boards . "
S 3-3. Statutory Authority.
The Town Board of the Town of Queensbury hereby identifies
Municipal Home Rule S10 ( 1) ( i) as authority for the enactment of
this Local Law. Although it is not believed that this Local Law
supersedes any particular provision of the Town Law, it is noted
that Town Law S64 ( 17 ) provides for citizens advisory committees on
capital improvements and the Suburban Town Law provides for
appointment of advisory boards, but general authority for the
appointment of advisory boards is not found in the Town Law. With
regard to Town Law S64 ( 17 ) and the Suburban Town Law, it is noted
that the Town Board does have, if necessary to refer to it,
supersession authority pursuant to Municipal Home Rule Law S10( 1)
(ii) (d) (3) .
S 3-4 . Authorization to Establish Advisory Boards by
(2)
Resolution.
The Town Board of the Town of Queensbury may, by resolution
and subject to the provisions set forth in this Local Law,
establish advisory boards .
§ 3-5 . Purpose and Authority of Advisory Board.
A. Advisory Boards shall act in an advisory capacity only,
to the Town Board. The members shall not be empowered to
exercise any powers on behalf of the Town Board or bind
the Town Board or the Town of Queensbury in any way.
B. The purpose for which the Advisory Board is created and
for which it shall meet and hold discussions shall be for
the purpose of reviewing, researching, gathering
information, and presenting such information, findings,
and/or recommendations, ideas, and opinions to the Town
Board concerning such matters as the Town Board shall,
with particularity, specify in the Resolution
establishing the Advisory Board.
§ 3-6 . Number of Members on Advisory Boards, Officers, Voting
Rights, Terms of Office, Qualifications .
(3)
A. Advisory Boards shall be comprised of members who are
residents of the Town of Queensbury and who have such
qualifications as may be determined to be appropriate by
the Town Board of the Town of Queensbury, except that no
person who is a member of the Town Board shall be a
member of an advisory board.
B. Advisory boards shall consist of that number of members
that the Town Board shall determine by resolution to be
appropriate in each instance that an advisory board is
established. In determining the appropriate number of
members, the Town Board may use any formula it feels is
appropriate and may, from time to time, by resolution,
adopted by majority vote, increase or decrease the number
of members it deems necessary or appropriate, except that
a decrease in the number of members shall not take effect
until the expiration of the terms of the current board
members and, therefore, shall not result in a removal of
any member before the expiration of a term.
C. officers shall be named for the advisory board and shall
have the duties as follows :
( 1) A Chairperson shall be named and shall have the
duty of calling meetings, as set forth in this
article and shall also preside over all meetings .
(4)
(2 ) The Chairperson shall be selected by the sitting
members, except that, upon failure of the sitting
members to do so, or agree upon a chairman within
60 days of the establishment of the advisory board,
or the resignation or lapse of term of the chairman
therefor, the Town Board shall select a chairman
from any one of the members of the board.
( 3) The Advisory Board may elect from among its
members, a Vice Chairperson and Secretary.
D. All members of the advisory board, including Officers,
will be voting members .
E. Terms of office and vacancies shall be filled as follows :
( 1) Any person who is appointed as a member of the
Advisory Board shall hold office until the first
day of January next succeeding the first bi-annual
Town election held after the time of that person' s
appointment. On the first day of January next
succeeding the first bi-annual Town election held
after the time of the establishment of the Advisory
Board and biannually thereafter, the Town Board
shall appoint members to the Advisory Board who
shall hold office for two years .
(5)
(2) If a vacancy shall occur on the Advisory Board,
otherwise then by expiration of a term, the Town
Board shall appoint a new member for the unexpired
term.
§ 3-7 . Procedures of the Advisory Boards .
A. The Advisory Board shall meet at least quarterly, or at
such other intervals as the Town Board shall require or
specify by Resolution, at the call of the Chairperson.
Additional meetings may be called upon at least five days
notice by the Chairperson or by petition of five members
of the Board.
B. All meetings of the Advisory Board shall be held on
notice to the Town Board, which shall receive the same
notice as is given members of the Advisory Board and the
members of the aforesaid Town Board shall be entitled, as
of right, to attend any meeting called, whether the same
is open or in executive session, provided, however, that
members of the Town Board shall not be considered members
of the Advisory Board and shall not be entitled to vote
on any matter before the Advisory Board.
C. All meetings of the Advisory Board shall be open to the
public, except that executive sessions will be allowed to
(6)
the extent permissible under the Public Officers Law of
the State of New York;
D. Public notice of every meeting held by the Advisory Board
shall be given in accordance with the applicable
provisions of the Public Officers Law of the State of New
York while notice to members shall be given in accordance
with the provisions set forth hereinabove.
E. Written minutes shall be kept of the meetings of each
Advisory Board. Motions, resolutions, and votes thereon
shall be recorded in their entirety. Discussions
occurring at the meetings or leading to motions or
resolutions may be briefly summarized.
F. The Advisory Board shall operate in accordance with
Robert' s Rules of Order or in accordance with any agreed
upon variation thereof, which may include any
modification or elimination of such rules as may be
agreed upon by unanimous vote of all Board members .
G. Each Advisory Board shall file a copy of any minutes,
reports, or other information or records gathered by the
Board as a result of meetings held during December of
each year.
(7)
H. When requested, the Chairperson or other designated
member of the Advisory Board shall report directly to the
Town Board in either writing or by attendance at a Town
Board meeting, as may be agreed upon by the members of
the Town Board by resolution.
I . Any recommendation or other resolutions of the advisory
board will be deemed binding and a representation of the
board, only if adopted by majority vote of the total
number of members of the advisory board.
§ 3-8. Appropriations for Advisory Boards .
Advisory Board members shall serve without pay. The Town
Board may authorize the payment of the just and reasonable actual
expenses of the members of such Advisory Board, such expenses
including the cost of photocopying, typing, and if necessary,
mileage. No payment of the just and reasonable actual expenses of
the members or any other payments shall be made to the members of
the Advisory Board, unless the Town Board shall have, by resolution
adopted by majority vote, approved of the incurring of the expense
prior to the time that the expense was incurred.
§ 3-9 . Removal of Advisory Board Members .
(8)
The Town Board shall have the power to remove, after public
hearing, any member of the Advisory Board for cause.
§ 3-10 . Abolishment of Advisory Board
The Town Board of the Town of Queensbury shall have the right,
at any time, to abolish any board established by resolution in
accordance with this legislation.
SECTION 2 . Severability.
In the event that any word, term, or provision of this Local
Law should be determined by a court of law to be unenforceable,
illegal, or void, then the Local Law shall be read as if said word,
term, or provision were deleted therefrom.
SECTION 3 . Effective Date.
This Local Law shall become effective immediately upon filing
in the Office of the Secretary of State of the State of New York.
(9)
• (Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19 94
of the (gV)0XWQW)(Town)('JiR ) of Queensbury was duly passed by the
on April 4th, 19 94, in accordance with the applicable provisions of law.
TR-&me of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
sme of egis alive ody
disapproval) by the and was deemed duly adopted on 19
(Elective ieExecutiveOfficer')
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19 Such local law was
Elective Chief Executive Officer
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19 in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referudum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body-1-
disapproval) by the on 19_ Such local law was subject to
Elective Chief Executive Officer*
permissive referendum and no valid petition requesting such referendum was filed as of 19_
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
(10)
• S. (City local law concerning Charter revision proposed by petition.)
• I hereby certify that the`local law annexed hereto,designated as local law No. ........ of 19........
of the City of ................................. having been submitted to referendum pursuant to the
provisions of 137 of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified electors of such city voting thereon at the special
ene al election held on
............ 19.........became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No. ........ of 19.........
of the County of ......................State of New York,having been submitted to the Electors at the
General Election of November .............19.......pursuant to subdivisions S and 7 of section 33 of the
Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed,please provide an appropriate certifica-
tion.)
1 further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph........I...above.
Clerk of the County legislative body,tity.Town or V 11w rk or
officer designated by local legislative body
Date: April 6, 1994
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel,Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF....Warren
................
1, the undersigned, hereby certify that the foregoing local law co rrect text and that all
proper proceedings have been had or taken for the enactme o the loca w annexed here
.. .u...... ................
{nature
...........Triwn.Attnrney......................
Title
COO)(
Date: April / 1994 JRL of ..... QueenAl?uxy...............
X PAlk
(11)
NYS DEPARTMENT OF STATE
BUREAU OF STATE RECORDS MUNICIPALITY
162 Washington Avenue
Albany, NY 12231-0001 Town of Queensbury
LOCAL LAW(S) NO. YEAR FILING DATE
DATE: 4/12/94 3 1994 4/11/94
Local Law Acknowledgment
The above-referenced material was received
and filed by this office as indicated.
DARLEEN M. DOUGHER
TOWN OF QUEENSBURY
TOWN OFFICE BUILDING
531 BAY ROAD
Additional local law filing forms will be
I_ QUEENSBURY NY 12804 fotharded upon request.
DOS-236 (Rev. 6/90)
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