AB 214

This bill makes changes to various town procedures. Current law provides that a town may combine certain positions, such as the town clerk and the town treasurer, and provides that the combination takes effect on the latest date that any current term of an office to be combined expires. The bill retains that deadline, but allows the town board to provide that the combination of offices takes effect immediately as both positions become vacant or, if the person appointed to the combined office holds one of the offices to be combined, immediately upon a vacancy in the other office to be combined.

Current law also provides that a town with a population of 2,500 or more may move from an elected clerk, treasurer, or combined office of clerk and treasurer to an appointed clerk, treasurer, or combined clerk and treasurer by a vote of the electors at a town meeting. Under current law, a town with a population of under 2,500 may only move from an elected clerk, treasurer, or combined clerk and treasurer to an appointed position through a referendum. The bill allows a town of any size to move from an elected position to an appointed one by a vote of the electors at a town meeting. Current law also prohibits a town’s change from an elected to an appointed clerk, treasurer, or combined clerk and treasurer from taking effect until the end of the current elected term. Under the bill, a town may move to an appointed clerk, treasurer, or combined clerk and treasurer position during an elected term when there is a vacancy in the position.

Under current law, a town treasurer is permitted to appoint a deputy treasurer, while a town clerk may appoint one or more deputies. The bill provides that a town treasurer may appoint one or more deputies. The bill also provides that deputy town clerks and deputy town treasurers need not be residents of the town.

The bill also changes the publication and notice requirements for towns with respect to the public hearing regarding the town’s proposed budget. Current law requires that towns, cities, and villages conduct a public hearing on a proposed budget. Under current law, cities and villages must provide a summary of the proposed budget and notice of the budget public hearing and may do so by publishing the summary and notice in a newspaper, posting it in three locations, or posting it in one location and on a website maintained by the municipality. Current law also requires towns to provide a summary of the proposed budget and notice of the budget public hearing, but towns must post the summary and notice in three locations. This bill eliminates the limitation on how towns must provide the summary and notice, instead allowing towns the same options as cities and villages.

Finally, under current law, every highway ceases to be a public highway four years from the date on which it was laid out, except the parts of the highway that have been opened, traveled, or worked within that time. The bill eliminates the travel exception from consideration by a town board in determining whether a highway has ceased to be a public highway.