Creation of the position of Town Comptroller - Reorganization Meeting

[dtwarren]

Minutes are here: http://www.westseneca.net/sites/defa...0108111120.pdf

I noticed that they created the position of Town Comptroller. I believe this needs to be approved by the voters by a mandatory referendum since it transfers power of the Town Board, Supervisor and Town Clerk to that position. Municipal Home Rule Law § 23(2)(f) provides that any act that "Abolishes, transfers or curtails any power of an elective officer" is subject to a mandatory referendum.

[nogods]

Well, that is true for towns of less than 40,000 population. For Towns over 40,000 of population, Town Law 20(3)(b) might be self-effectuating without the need for a referendum.

Office of the State Comptroller of New York

Opinion No. 85-46


TOWN LAW, §§ 20(3)(b), 34; MUNICIPAL HOME RULE LAW, §§ 10(1)(ii)(a)(1), 10(1)(ii)(d)(3), 23(2)(f): The office of town comptroller may be established by local law in a town of the second class with population of less than 40,000. The local law is subject to a mandatory referendum.

REQUESTBY:


Russell S. Stein, Esq., Town Attorney
Town of East Hampton

OPINION:
You ask whether a town of the second class with a population of less than 40,000 may establish the office of town comptroller by adoption of a local law. If a town may adopt such a local law, you also ask whether those general statutes relating to the powers, duties, responsibilities and functions of a town comptroller, including sections 34, 119 and 124 of the Town Law, would be applicable to that office.

Town Law, § 20(3)(b) authorizes the town board of any town of the first class, or any town of the second class having a population of over 40,000 according to the latest Federal census or State enumeration, to adopt a resolution [*2] establishing the office of town comptroller. There is, however, no provision of the Town Law which authorizes the establishment of that office in a town of the second class with a population of less than 40,000. Nonetheless, it is our opinion that towns of the second class having a population of less than 40,000 may establish the office of comptroller pursuant to their home rule powers.

Municipal Home Rule Law, § 10(1)(ii)(a)(1) broadly empowers local governments to adopt local laws, not inconsistent with the constitution or general laws, establishing offices and positions. It is further provided in this section that such local laws may provide for the creation or discontinuance of departments of government and the prescription or modification of the powers and duties of such departments. In addition, section 10(1)(ii)(d)(3) authorizes towns to supersede any provision of the Town Law, with certain exceptions, relating to its property, affairs or government or other matters of the town to the extent to which it is authorized to adopt local laws (1983 Opns St Comp No. 83-163, p 206).

Among the exceptions contained in section 10(1)(ii)(d)(3) is one which precludes a town from superseding [*3] the provisions of Article 8 of the Town Law which relates to town finances. Article 8 sets forth, among other things, certain functions of the town comptroller. However, it is further provided in section 10(1)(ii)(d)(3) that nothing therein shall preclude a town from adopting a local law which transfers or assigns the functions, powers and duties of one town officer to another.

Based on the above home rule authority conferred upon towns by the Municipal Home Rule Law, we are of the opinion that a town of the second class having a population of less than 40,000 may adopt a local law superseding section 20(3)(b) and authorizing the establishment of the office of town comptroller. Although Municipal Home Rule Law, § 10(1)(ii)(d)(3) precludes a town from superseding the provisions of Article 8 of the Town Law, it is our opinion that a local law establishing the office of town comptroller would not supersede the provisions of Article 8 of the Town Law, but rather, would simply transfer functions from one town official to another as authorized by Municipal Home Rule Law, § 10(1)(ii)(d)(3). When a local law establishing the office of comptroller is enacted, all sections of [*4] the Town Law, as well as any other statutes relating to that office, would be applicable.

Any local law creating the office of town comptroller would, pursuant to Municipal Home Rule Law, § 23(2)(f), be subject to mandatory referendum. Under this provision, a local law shall, except as otherwise provided by or under authority of a State statute, be subject to mandatory referendum if it "* * * f. Abolishes, transfers or curtails any power of an elective office." In our opinion, this section is applicable to a local law establishing the office of comptroller because, when a town creates this office by local law, certain financial powers and duties of the town supervisor and town board relating to town finances devolve, by operation of section 34 of the Town Law, upon that office. Thus, the effect of the local law would be to transfer such powers and duties of the town board and the supervisor to the town comptroller.

10 Opns St Comp, 1954, p 24, which concluded that the office of town comptroller may not be established in a town of the second class, was written prior to the enactment of the Municipal Home Rule Law. That opinion is hereby superseded to the extent it is inconsistent [*5] herewith.

[dtwarren]

I noticed that too, but this decision indicates that while the Town Law may give the Town Board the authority such authority is subject to MHRL:

MATTER OF JAMES A. SACCO, SUPERVISOR, RESPONDENT, v. BARBARA
MARUCA, PATRICIA WROBEL, MARC CARPENTER AND LEONARD
WESTERMAN, CONSTITUTING THE TOWN BOARD OF THE TOWN OF
NIAGARA, APPELLANTS. APPEAL NO.

[NO NUMBER IN ORIGINAL]

Supreme Court of New York, Appellate Division, Fourth
Department

175 A.D.2d 578; 573 N.Y.S.2d 787; 1991 N.Y. App. Div. LEXIS
10079


July 12, 1991, Filed

PRIOR HISTORY: [***1] Appeal from Judgment of Supreme Court, Niagara
County, Mintz, J. - Article 78/Declaratory Judgment.


JUDGES: John J. Callahan, J.P., M. Dolores Denman, James H. Boomer, John P.
Balio, Thomas J. Lowery, Jr., JJ.

OPINION

[*578] [**787] Judgment unanimously modified on the law and as modified
affirmed without costs and judgment granted, in accordance with the following
Memorandum: Respondents, the four elected councilpersons of the Town of Niagara,
appeal from two judgments. The first granted that part of petitioner's article
78 petition that sought to annul respondents' resolution reducing petitioner's
annual salary as Town Supervisor from $ 24,000 to $ 11,000. The second granted
the remaining portion of petitioner's article 78 proceeding/declaratory judgment
action that sought to annul a separate enactment of respondents creating the
position of Town Administrator.

At the outset, we note that petitioner's first cause of action, framed as a
request for article 78 relief, should be converted [**788] to a demand for
declaratory judgment ( CPLR 103[c]; Kamhi v Town of Yorktown, 141 AD2d 607, 609,
affd 74 NY2d 423). We therefore modify to declare the rights [***2] of the
parties in accordance with the court's holding nullifying the salary reduction
measure adopted by respondents. Reduction of the salary of an elected Town
official during his term of office cannot be accomplished by mere resolution,
but requires enactment of a local law subject to mandatory referendum (see,
Municipal Home Rule Law § 23[2][e]; see also, Municipal Home Rule Law § 2[9]; §
10[1][ii][a][1]). Town Law § 27(1), relied upon by respondents, merely
establishes the authority for the Town Board to raise or lower salaries at any
time. Municipal Home Rule Law § 23(2)(e) is controlling on the issue in this
case, which involves the manner in which a municipality reduces the salary of an
elected official during his term of office.

[*579] Similarly, the court properly invalidated the law establishing the
position of Town Administrator. Town Law § 58(a) provides that the Town Board
may grant or transfer to an administrative officer those powers and duties held
by elected officials of the Town, provided that it does so by local law enacted
in compliance with the provisions of sections 23 and 24 of the Municipal Home
Rule Law. Municipal Home [***3] Rule Law § 23(2)(f) provides that a local law
shall be subject to mandatory referendum if it "abolishes, transfers or curtails
any power of an elective officer". Since petitioner is an elective officer, the
only question is whether Local Law No. 6 abolishes, transfers or curtails his
powers. We conclude that it does. The duties of the Town Administrator, as
delineated in Local Law No. 6, impinge upon the Town Supervisor's statutory
responsibilities, particularly his accounting functions and budgetary
responsibilities (see, Town Law §§ 29, 104, 106, 125). Therefore, the local law
is subject to mandatory referendum and was properly declared invalid for failure
to satisfy that requirement.

[nogods]

Looks like it will depend on what powers are transferred, if any:

Office of the State Comptroller of New York

Opinion No. 89-35


September 25, 1989

SYLLABUS:
[*1]

LOCAL LAWS -- Procedural Requirements (mandatory referendum - transfer of powers of town supervisor)

MUNICIPAL FUNDS -- Deposits and Investments (authority to make temporary investments)

TOWN BOARD -- Powers and Duties (authority over temporary investments)

TOWN COMPTROLLER -- Powers and Duties (extent to which comptroller may be authorized to exercise the powers of the supervisor); (designation of chief fiscal officer)

TOWN SUPERVISOR -- Powers and Duties (transfer to town comptroller)

TOWN LAW, §§ 20(3)(b), 29, 34, 124, 125; MUNICIPAL HOME RULE LAW, §§ 10(1)(ii)(a)(1), 10(1)(ii)(d)(3), 23(2)(f); LOCAL FINANCE LAW, § 2.00(5)(c): Powers of the town supervisor as treasurer under the Town Law may be transferred to the town comptroller by local law subject to a mandatory referendum. Whether it is proper to designate the town comptroller as chief fiscal officer must be made on a case-by-case basis depending on the particular function to be performed.

TOWN LAW, § 64(1); GENERAL MUNICIPAL LAW, § 11: The town board manages and controls the finances of the town, but may authorize its chief fiscal officer or officer having custody of town moneys to temporarily invest moneys not needed [*2] for immediate expenditure.

REQUESTBY:


James J. Kelleher, Esq., Town Attorney
Town of West Seneca

OPINION:
This is in reply to your inquiry concerning the powers and duties of a town supervisor under the Town Law and asking the extent to which those powers and duties may be delegated to a town comptroller. You also ask whether the town comptroller may be designated as the "chief fiscal officer" of the town and whether the town comptroller may be authorized to invest moneys pursuant to section 11 of the General Municipal Law. Finally, you ask whether the town board itself may retain the power to invest moneys pursuant to section 11 of the General Municipal Law. Finally, you ask whether the town board itself may retain the power to invest moneys pursuant to section 11 of the General Municipal Law.

You indicate that the town board has adopted a resolution establishing the office of town comptroller. The town comptroller has been designated as the accounting officer of the town. In addition, the town board has conferred upon the town comptroller the duties authorized by section 34(2) of the Town Law.

Under section 20(3)(b) of the Town Law, the town board, by resolution, may establish [*3] the office of the town comptroller. The comptroller, by virtue of the establishment of his office, is authorized to perform the functions of auditing claims against the town and auditing the accounts and receipts of town officers (Town Law, § 34[1]). The town board, by resolution, may also require that the comptroller countersign all checks required to be signed by the supervisor (Town Law, § 34[1]). Further, certain of the powers and duties prescribed for the town supervisor under section 125 of the Town Law may be transferred to the comptroller by ordinance (Town Law, § 34[2]). These include the keeping of separate appropriation accounts, preventing funds or appropriation accounts from being overdrawn and, with the counter-signature of the supervisor, the drawing of funds or appropriations (Town Law, § 34[2][a][b]). Finally, the town board, by resolution, may designate the comptroller as the accounting officer of the town and thereby transfer all of the accounting duties of the supervisor to the comptroller (Town Law, § 124).

While, as noted above, the town board, by resolution or ordinance, may transfer certain powers and duties from the supervisor to the comptroller, section [*4] 124 of the Town Law provides that:

Nothing in this section shall be construed to relieve the town supervisor of his duties as treasurer of the town pursuant to subdivisions one, two, three and four of section twenty-nine of this chapter.

The supervisor's duties as treasurer under section 29 include collecting, receiving, and having the care and custody of, moneys belonging to or due the town (Town Law, § 29[1]), and depositing all such moneys in designated banks or trust companies within 10 days of receipt (Town Law, § 29[2]).

Although Town Law, § 124 precludes a town from transferring the supervisor's section 29 powers as treasurer to the comptroller by resolution, it is necessary to determine whether the town may accomplish such a transfer pursuant to its home rule powers. Municipal Home Rule Law, § 10(1)(ii)(a)(1) provides that a local government may adopt local laws, not inconsistent with the Constitution or general laws, relating to, among other things, the powers and duties of its officers and employees. In addition, section 10(1)(ii)(d)(3) authorizes towns to supersede any provision of the Town Law, with certain exceptions, relating to its property, affairs or government [*5] or other matters of the town to the extent to which it is authorized to adopt local laws (1987 Opns St Comp No. 87-43, p 66; 1985 Opns St Comp No. 85-46, p 62). One of the exceptions stated in section 10(1)(ii)(d)(3) prohibits a town from superseding the provisions of Article 8 of the Town Law relating to town finances. Article 8 includes section 124, which, as noted above, states that the supervisor's duties as treasurer may not be transferred to a town comptroller. It is further provided in section 10(1)(ii)(d)(3), however, that nothing in that provision shall preclude the adoption of a local law transferring or assigning the functions, powers, and duties of one town officer to another.

Therefore, based on the home rule authority granted by the Municipal Home Rule Law, in our opinion, a town, which has established the office of town comptroller may by local law transfer the powers and duties of the supervisor as treasurer prescribed in section 29 of the Town Law to the town comptroller (see Opn No. 85-46, supra). It must be emphasized, however, that a local law which transfers any of the powers of the supervisor to another official would be subject to a mandatory [*6] referendum (Municipal Home Rule Law, § 23[2][f]).

With respect to whether the town comptroller may be designated as the "chief fiscal officer" of the town, we note initially that, although many statutes provide for particular functions to be performed by the town's chief fiscal officer (see, e.g., Town Law, § 30; General Municipal Law, § 11), there is no provision in the Town Law or any other statute which, for all purposes, designates a particular town officer as the "chief fiscal officer" of the town (cf. Local Finance Law, § 2.00[5][c] defining "chief fiscal officer" in a town to mean the town supervisor for purposes of the Local Finance Law). Consistent with the provisions of the Town Law which confer powers on and prescribe duties to the supervisor in fiscal matters, however, the courts in this State generally have referred to the supervisor as the "fiscal officer" or "chief fiscal officer" of the town (see, e.g., Knapp v Fasbender, 1 NY2d 212, 151 NYS2d 668; Luce v Beiter, 239 App Div 23, 265 NYS 61, dissenting opinion). However, if a town were to transfer a significant number of these powers and duties to the town comptroller, it may be appropriate to [*7] refer generally to the town comptroller as the "chief fiscal officer" of the town.

Although local enactments may make it appropriate to refer generally to the comptroller as "chief fiscal officer", this informal designation would not necessarily permit the comptroller to perform those functions or duties which are specifically assigned to the town supervisor under certain other provisions of law. For example, Local Finance Law, § 2.00(5)(c) defines "chief fiscal officer" in the case of a town to mean the town supervisor. It is well settled that a local government may not exercise home rule powers in situations where the state has demonstrated a desire or design to pre-empt the subject matter of the proposed local law (Con Ed v Town of Red Hook, 60 NY2d 99, 468 NYS2d 596; Belle v Town of Onondaga, 61 AD2d 352, 402 NYS2d 677; see also, 1987 Opns St Comp No. 87-55, p 83; 1986 Opns St Comp No. 86-53, p 84). Section 176.00 of the Local Finance Law states that:

Except as otherwise provided in this article, all statutes, local laws, ordinances, rules and regulations, insofar as they relate to the matters herein contained, are hereby superseded, it being the legislative [*8] intent that this chapter shall constitute the exclusive law on such matters.

In our view, section 176.00 evidences an intent on the part of the State that the Local Finance Law is the exclusive law governing the manner in which a municipality may incur debt. Therefore, it is our opinion that a town may not adopt a local law superseding Local Finance Law, § 2.00(5)(c) to designate the town comptroller, instead of the town supervisor, as chief fiscal officer for purposes of the Local Finance Law (but see Local Finance Law, § 61.00 providing that certain duties of the town supervisor as chief fiscal officer under the Local Finance Law may be delegated to other officers).

Further, we note that Highway Law, § 283 provides that moneys available for highway, bridge and miscellaneous highway purposes shall be paid to the town supervisor who shall be custodian thereof (see also Highway Law, § 289). Since section 283 appears to be a general law (see Municipal Home Rule Law, § 2[5]), it would appear that it may not be superseded by an inconsistent local law which transfers the power and duty of the supervisor as custodian of highway moneys to another town official. Consequently, [*9] while the supervisor's powers and duties as custodian of town moneys generally under Town Law, § 29 may be transferred by local law to the town comptroller, it appears that the supervisor must remain the custodian of highway moneys.

On the other hand, General Municipal Law, § 30 requires the "chief fiscal officer of each municipal corporation" to annually make a report of its financial condition to the State Comptroller. While the report is generally to be prepared by the town supervisor, if the town board has designated the town comptroller as the accounting officer of the town, Town Law, § 124 expressly states that the report shall be prepared by the town comptroller. Accordingly, it would be appropriate to refer to the town comptroller as the chief fiscal officer for this purpose.

As appears from the foregoing examples, the authority of a town to transfer the fiscal functions of the town supervisor to the town comptroller under a local law adopted pursuant to Municipal Home Rule Law, § 10(1)(ii) is not without limitation. Therefore, each statute which provides for particular functions to be performed by the town's "chief fiscal officer" or the town supervisor must be examined [*10] to determine which town official is to perform the function prescribed by that statute and, if it is the town supervisor, whether the function may be transferred to the town comptroller by local law, ordinance or resolution.

We caution, however, that even though it may be legally permissible to transfer particular fiscal functions from the supervisor to the comptroller by local law subject to mandatory referendum, the town, by so doing, may be eliminating certain important internal controls provided under the present statutory scheme. For example, the fiscal check of having the comptroller prepare an abstract of audited claims, directed to the supervisor, authorizing and directing the supervisor to pay the claimant the amount allowed on his claim (Town Law, § 119[1]) would be eliminated if the comptroller were also the town treasurer. We also note that some practical difficulties may arise if particular fiscal responsibilities are transferred from the supervisor to the comptroller while others are retained by the supervisor (e.g., transferring the treasurer's function to the comptroller, while the supervisor remains custodian of highway moneys). The town board, therefore, should [*11] carefully consider the increased risks resulting from such a loss of internal control, as well as the practicality of dividing particular fiscal responsibilities between two officers, when determining the appropriateness of transferring fiscal functions to the comptroller by local law.

Your second and third questions relate to the temporary investment of town moneys under section 11 of the General Municipal Law. Section 11 provides that the town board may authorize the "chief fiscal officer or officer having custody of moneys" of the town to invest moneys not required for immediate expenditure in special time deposit accounts in, or certificates of deposit issued by, a bank or trust company located in and authorized to do business in New York. You ask whether the town comptroller may be authorized to temporarily invest moneys under section 11.

The General Municipal Law does not define "chief fiscal officer", but, based on the supervisor's fiscal powers and duties under the Town Law, including his powers and duties as treasurer, this Office has consistently stated that the town supervisor is chief fiscal officer for purposes of section 11 (see, e.g., 23 Opns St Comp, 1967, [*12] p 350). If, however, the function of having custody of town moneys under Town Law, § 29 is, by local law, transferred to the town comptroller, then since section 11 authorizes the board to authorize the chief fiscal officer or an officer having custody of moneys to invest, section 11 would provide authority for the town board to authorize the town comptroller to invest moneys within his custody.

Finally, you ask whether the town board may retain the authority to temporarily invest town moneys under section 11 of the General Municipal Law. Since it is evident that only an official having custody of moneys may be authorized to invest, the town board cannot itself actually perform the act of investing town moneys. However, the town board has "the general management and control of the finances of the town" (Town Law, § 64[1]) and has the ultimate responsibility to determine the investment policy of the town. Therefore, the board could delegate the investment function, subject to standards and guidelines prescribed by the board (23 Opns St Comp, 1967, supra; 21 Opns St Comp, 1965, p 778). In this regard, we note that in the Financial Management Guide for Local Governments [*13] published by this Office, we state that management policies, operating procedures and audit procedures are essential to a sound investment program and set forth in detail what those policies and procedures should contain. Our management guide recommends that there be a written investment policy which, among other things, set forth the types of permissible investments, the procedures to be adhered to for each type of investment, an approved list of trading partners with investment limits and a requirement that all investments be made in accordance with applicable statutory provisions and policy directives of the board.

[dtwarren]

Here is an interesting opinion:

Office of the State Comptroller of New York

Opinion No. 85-46

1985 N.Y. Comp. LEXIS 98; 1985 N.Y. St. Comp. 62

July 26, 1985

SYLLABUS:
[*1]

LOCAL LAWS -- Procedural Requirements (mandatory referendum - establishment
of office of town comptroller in towns of second class)

TOWN COMPTROLLER -- Establishment of Office (towns of second class generally)

TOWN LAW, §§ 20(3)(b), 34; MUNICIPAL HOME RULE LAW, §§ 10(1)(ii)(a)(1),
10(1)(ii)(d)(3), 23(2)(f): The office of town comptroller may be established by
local law in a town of the second class with population of less than 40,000.
The local law is subject to a mandatory referendum.

REQUESTBY:


Russell S. Stein, Esq., Town Attorney
Town of East Hampton

OPINION:

You ask whether a town of the second class with a population of less than
40,000 may establish the office of town comptroller by adoption of a local law.
If a town may adopt such a local law, you also ask whether those general
statutes relating to the powers, duties, responsibilities and functions of a
town comptroller, including sections 34, 119 and 124 of the Town Law, would be
applicable to that office.

Town Law, § 20(3)(b) authorizes the town board of any town of the first
class, or any town of the second class having a population of over 40,000
according to the latest Federal census or State enumeration, to adopt a
resolution [*2] establishing the office of town comptroller. There is,
however, no provision of the Town Law which authorizes the establishment of that
office in a town of the second class with a population of less than 40,000.
Nonetheless, it is our opinion that towns of the second class having a
population of less than 40,000 may establish the office of comptroller pursuant
to their home rule powers.

Municipal Home Rule Law, § 10(1)(ii)(a)(1) broadly empowers local governments
to adopt local laws, not inconsistent with the constitution or general laws,
establishing offices and positions. It is further provided in this section that
such local laws may provide for the creation or discontinuance of departments of
government and the prescription or modification of the powers and duties of such
departments. In addition, section 10(1)(ii)(d)(3) authorizes towns to supersede
any provision of the Town Law, with certain exceptions, relating to its
property, affairs or government or other matters of the town to the extent to
which it is authorized to adopt local laws (1983 Opns St Comp No. 83-163, p
206).

Among the exceptions contained in section 10(1)(ii)(d)(3) is one which
precludes a town from superseding [*3] the provisions of Article 8 of the Town
Law which relates to town finances. Article 8 sets forth, among other things,
certain functions of the town comptroller. However, it is further provided in
section 10(1)(ii)(d)(3) that nothing therein shall preclude a town from adopting
a local law which transfers or assigns the functions, powers and duties of one
town officer to another.

Based on the above home rule authority conferred upon towns by the Municipal
Home Rule Law, we are of the opinion that a town of the second class having a
population of less than 40,000 may adopt a local law superseding section
20(3)(b) and authorizing the establishment of the office of town comptroller.
Although Municipal Home Rule Law, § 10(1)(ii)(d)(3) precludes a town from
superseding the provisions of Article 8 of the Town Law, it is our opinion that
a local law establishing the office of town comptroller would not supersede the
provisions of Article 8 of the Town Law, but rather, would simply transfer
functions from one town official to another as authorized by Municipal Home Rule
Law, § 10(1)(ii)(d)(3). When a local law establishing the office of comptroller
is enacted, all sections of [*4] the Town Law, as well as any other statutes
relating to that office, would be applicable.

Any local law creating the office of town comptroller would, pursuant to
Municipal Home Rule Law, § 23(2)(f), be subject to mandatory referendum. Under
this provision, a local law shall, except as otherwise provided by or under
authority of a State statute, be subject to mandatory referendum if it "* * * f.
Abolishes, transfers or curtails any power of an elective office." In our
opinion, this section is applicable to a local law establishing the office of
comptroller because, when a town creates this office by local law, certain
financial powers and duties of the town supervisor and town board relating to
town finances devolve, by operation of section 34 of the Town Law, upon that
office. Thus, the effect of the local law would be to transfer such powers and
duties of the town board and the supervisor to the town comptroller.
10 Opns St Comp, 1954, p 24, which concluded that the office of town
comptroller may not be established in a town of the second class, was written
prior to the enactment of the Municipal Home Rule Law. That opinion is hereby
superseded to the extent it is inconsistent [*5] herewith.

[4248]

Regardless of legal bla bla - a referendum and public vote should be called for and done - first.

Minutes are here: http://www.westseneca.net/sites/defa...0108111120.pdf

I noticed that they created the position of Town Comptroller. I believe this needs to be approved by the voters by a mandatory referendum since it transfers power of the Town Board, Supervisor and Town Clerk to that position. Municipal Home Rule Law § 23(2)(f) provides that any act that "Abolishes, transfers or curtails any power of an elective officer" is subject to a mandatory referendum.

[dtwarren]

The "legal bla bla" is what gets you the referendum (which is a public vote).

It is also interesting to note that Nihill lives within a short walk from Hanley.

[NY The Vampire State]

The "legal bla bla" is what gets you the referendum (which is a public vote).

It is also interesting to note that Nihill lives within a short walk from Hanley.

No the "legal bla bla" screws everything up.

[nogods]

Regardless of legal bla bla - a referendum and public vote should be called for and done - first.

Shouldn't they first hold a referendum on whether or not to have a referendum on creation of the comptroller post?

[dtwarren]

Also why the drastic increase in pay in 2011 (the last year there was a town comptroller) the salary was $25,750 now the salary will be $42,000?

[dtwarren]

I found this statement in the WS Bee attributed to Hanley interesting:

Hanley defended the Elling hire and other employment decisions made in the last few weeks as part of a campaign promise to make changes to the “status quo that was getting old.”

So how is going back to having a Town Comptroller headed by a person with connections to Clark effecting change to the status quo that was getting old?

[SOMETHING SMELLS]

How did Clark and NiHill know that West Seneca was going to appoint a Town Controller, and was any other firms afforded the opportunity?

[4248]

So it would appear some of these patronage positions can be rescinded if the correct authority gets involved. BRAVO !