AB 661

This bill makes changes to 1) the method of filling town board of supervisors

vacancies; 2) public notice requirements for certain governmental meetings; 3)

appointment and removal procedures for certain town officeholders; 4) procedures

to appeal the denial of a temporary use permit or extension; 5) the maximum wages

that may be paid to elected town officers who also serve as town employees; and 6)

the term of a town assessor.

Under current law, a vacancy on a town board is filled at a special election or

by an appointment made by the remaining town board supervisors and the town

clerk. The bill provides that if there are two vacancies on the town board, the

remaining supervisors, the town clerk, and the town treasurer appoint an individual

to fill one vacancy and the remaining supervisors, including the appointee, and the

town clerk appoint an individual to fill the other vacancy. The bill also provides that

if there are not at least three individuals available to make appointments, the town

clerk, or the county clerk if the town clerk position is vacant, must call a special town

meeting of the electors to vote to fill the number of vacancies necessary so that the

supervisors, including the appointees, and the town clerk and town treasurer may

make appointments to fill the remaining vacancies.

Generally, under current law, if a town board is authorized by a town meeting

to appoint instead of elect persons to offices, the board must appoint a person to fill

the office of town clerk, town treasurer, or both, and the board must make the initial

appointment not fewer than 30 days nor more than 60 days after the town meeting

at which the authorization is given. The bill repeals the requirement relating to the

timing of when the town board must make the initial appointment.

Current law provides a number of methods by which public notice must be given

for meetings of a governmental body, including a property tax board of review which

reviews local property tax rolls. “Governmental body” is defined as a state or local

agency, board, commission, committee, council, department or public body corporate

and politic created by constitution, statute, ordinance, rule or order, including

certain special purpose districts such as a local exposition district. The bill expands

how public notice of a meeting of a governmental body may be given.

Under current law, if a village board trustee is temporarily incapacitated

because of physical or mental disability, the board may appoint a person to discharge

the trustee's duties until the disability is removed. The bill creates a similar

provision for a member of a town board of supervisors who is temporarily

incapacitated in a similar way.

Current law provides that an elective village officer may be removed for the

continued physical inability to perform the duties of office or gross neglect of duty by

a majority vote of all the members of the village board. The bill creates a similar

removal provision for any elective town officer.

The bill authorizes an applicant to appeal the denial of a temporary use permit