A ray of sunshine coming to Lancaster.

[mark blazejewski]

Just assuming that these "term-limits" conversations are genuine, a couple of thoughts reflective of my uninformed mind:

(1) Can these term limitations be adopted by simple majority vote of the Council?

(2) Does the NYS Legislature play any role in the proposal's development?

(3) Would the term limit proposal, once passed by the Council, be subject to voter approval?

(4) Will those Council members voting on the adoption, be necessarily exempt, for some reason, from their previous service, or the limits in general?

(5) Can any such term limit proposal, if adoption is exclusively within the power of the Council, be applied to the judicial benches in Lancaster?

Just some questions, that's all.

[gorja]

Here's the Amherst term limits law


Chapter 55:
Term Limits
[HISTORY: Adopted by the Town Board of the Town of Amherst 8-21-2006 by L.L. No. 10-2006. Amendments noted where applicable.]

Chapter 55 :
Term Limits

§ 55-1
Title.
The title of this chapter shall be the "Term Limits Law."
§ 55-2
Legislative intent.
It is the intent of the Town Board of the Town of Amherst to expand participation in the electoral process and to bring new ideas to governance of the Town of Amherst. To these ends, the Town Board of the Town of Amherst adopts this chapter to limit terms of office for elected officials in the Town of Amherst.
§ 55-3
Term limits established.
No elective public officer of the Town of Amherst shall have more than two consecutive terms of four years each in the same public office. For purposes of this chapter, "same public office" shall mean any and all public offices that are the same as the office that the elective public officer last held. Any terms of office held prior to the November 6, 2007, general election shall not be counted for term limitation purposes.
§ 55-4
Partial term of office.
Nothing contained herein shall prohibit an elective public officer in the Town of Amherst from holding either an elective or appointive partial term in the same elective public office, immediately prior to election to that elective public office for a full term. In that event, the partial term shall not be counted for purposes of the term limitation imposed by this chapter.
§ 55-5
Other elective office.
Nothing contained in this chapter shall prohibit an elective public officer from seeking, being elected to, or holding another and different elective public office in the Town of Amherst at the conclusion of a term of public office as required by this chapter.
§ 55-6
Exclusion.
Nothing contained in this chapter shall apply to the office of Town Justice of the Town of Amherst.
§ 55-7
Authority.
This chapter is enacted pursuant to § 10(1)(ii)(a) of the Municipal Home Rule Law of the State of New York which authorizes towns to adopt local laws concerning the mode of selection and terms of office of elected officials.

[Lee Chowaniec]

Sorry Lee. It's his third term


I left as they were going into executive session and did not hear that statement prior to that either.

Semantics, Gorga.

It is actually Highway Superintendent Dan Amatura's second full term. He was elected into office in 2010 to fill a vacancy resulting from the resignation of the prior Highway Superintendent.

[mark blazejewski]

Mark Blazejewski: Just assuming that these "term-limits" conversations are genuine, a couple of thoughts reflective of my uninformed mind:

(1) Can these term limitations be adopted by simple majority vote of the Council?

QUESTION ANSWERED:

§ 55-7
Authority.
This chapter is enacted pursuant to § 10(1)(ii)(a) of the Municipal Home Rule Law of the State of New York which authorizes towns to adopt local laws concerning the mode of selection and terms of office of elected officials.


(2) Does the NYS Legislature play any role in the proposal's development?

QUESTION ANSWERED:

§ 55-7
Authority.
This chapter is enacted pursuant to § 10(1)(ii)(a) of the Municipal Home Rule Law of the State of New York which authorizes towns to adopt local laws concerning the mode of selection and terms of office of elected officials.

(3) Would the term limit proposal, once passed by the Council, be subject to voter approval?

It would seem as if this question would be addressed within the scope of any such proposed legislation.

(4) Will those Council members voting on the adoption, be necessarily exempt, for some reason, from their previous service, or the limits in general?

If by nothing other than precedent, it would seem that prior service of members would be exempt from the legislation. It would seem as if this question would be addressed within the scope of any such legislation.


(5) Can any such term limit proposal, if adoption is exclusively within the power of the Council, be applied to the judicial benches in Lancaster?

QUESTION SOMEWHAT ANSWERED:

§ 55-6
Exclusion.
Nothing contained in this chapter shall apply to the office of Town Justice of the Town of Amherst.

FOLLOW-UP QUESTION:

Did this exception arise out of local prejudice, or was there something within the scope of NYS' Municipal Home Rule Law that drove this?

Thank you Ms. Gorja.

[gorja]

(1) Can these term limitations be adopted by simple majority vote of the Council?

QUESTION ANSWERED:

§ 55-7
Authority.
This chapter is enacted pursuant to § 10(1)(ii)(a) of the Municipal Home Rule Law of the State of New York which authorizes towns to adopt local laws concerning the mode of selection and terms of office of elected officials.


(2) Does the NYS Legislature play any role in the proposal's development?

QUESTION ANSWERED:

§ 55-7
Authority.
This chapter is enacted pursuant to § 10(1)(ii)(a) of the Municipal Home Rule Law of the State of New York which authorizes towns to adopt local laws concerning the mode of selection and terms of office of elected officials.

(3) Would the term limit proposal, once passed by the Council, be subject to voter approval?

It would seem as if this question would be addressed within the scope of any such proposed legislation.

(4) Will those Council members voting on the adoption, be necessarily exempt, for some reason, from their previous service, or the limits in general?

If by nothing other than precedent, it would seem that prior service of members would be exempt from the legislation. It would seem as if this question would be addressed within the scope of any such legislation.


(5) Can any such term limit proposal, if adoption is exclusively within the power of the Council, be applied to the judicial benches in Lancaster?

QUESTION SOMEWHAT ANSWERED:

§ 55-6
Exclusion.
Nothing contained in this chapter shall apply to the office of Town Justice of the Town of Amherst.

FOLLOW-UP QUESTION:

Did this exception arise out of local prejudice, or was there something within the scope of NYS' Municipal Home Rule Law that drove this?

Thank you Ms. Gorja.

http://www.amherstbee.com/news/2006-..._page/001.html

[gorja]

Originally posted by mark blazejewski:
FOLLOW-UP QUESTION:

Did this exception arise out of local prejudice, or was there something within the scope of NYS' Municipal Home Rule Law that drove this?

I'm thinking local prejudice but that's a guess.

[mark blazejewski]

I'm thinking local prejudice but that's a guess.

I'm guessing the same thing Gorja. If NYS law prohibited such a judicial inclusion, it seems to me that this specific exclusion would not have been necessary, it would have been implicit:

§ 55-6
Exclusion.
Nothing contained in this chapter shall apply to the office of Town Justice of the Town of Amherst.