Minutes….A special meeting of the Remsen Town Board was held on Monday, February 15, 2016 and called to order by Supervisor Roger Helmer at 6:29PM at the Remsen Town Hall.

Members PRESENT:

Supervisor Roger Helmer

Councilman Duane Jones

Councilperson Donna Hamilton

Councilman Robert Wilcox

Councilman Thomas Murphy

Town Attorney Tod Lascurettes

Members ABSENT:

None

Resolution #11-16 was offered by Roger Helmer to adopt Rules for Public Comment and Conduct for the meeting which would allow for a public comment period where those who desire to comment will be recognized by the Board to speak for a maximum of five minutes and will only be recognized to speak once; all comments must be directed to the Board and not one another. Seconded by Robert Wilcox. Ayes – Helmer, Jones, Hamilton, Wilcox, Murphy. Nays – 0.

Attorney Lascurettes spoke to the laws and opinions governing the filing of a constitutional oath of office and the consequences of a failure to timely file such oath. Public Officers Law §10 and Town Law §25 require all town officers to take and subscribe a constitutional oath of office before entering into the duties of office and within 30 days of the term of office’s commencement. Failure to file the oath within the time period established by law results in the office automatically becoming vacant by operation of law. Opinions given by the Comptroller and Attorney General have also noted the automatic vacancy that occurs as a result of a failure to timely file a constitutional oath of office.

Attorney Lascurettes referenced Town Law §65 Subsection 4 which states that the Town Board has the authority to fill a vacancy that is created from the failure to file an oath of office in a timely manner by appointment. The appointee will serve until the end of the year. An elective office in which a vacancy has occurred is then included in the next general election for the remainder of the term.

Public comments were accepted from those present and a discussion was had regarding possible appointments to fill the vacancy in the position of Highway Superintendent.  Those recognized by the Board to speak included Debbie Moorhead, Bruce Phelps, Cliff Hill, Pat Hill, Steve Worden, Judy Roberts, Tom Morris, Jean Morris, John Fox, Harry Lichtenberger Jr., Samantha Worden, Brian Hill, Lisa Hill, James Murphy, Greg Baker, Sue Elsasser, Charles Elsasser, Mary Jane Murphy.

Resolution #12-16 was offered by Duane Jones to close the public comment period of the meeting. Seconded by Donna Hamilton. Ayes – Helmer, Jones, Hamilton, Wilcox, Murphy. Nays – 0.

A resolution was offered by Roger Helmer to reappoint George D. Worden with the stipulation that he perform an oath of office within 10 days. Seconded by Thomas Murphy. Ayes – Helmer, Murphy. Nays – Jones , Hamilton, Wilcox. Resolution failed.

A resolution was offered by Thomas Murphy to appoint Richard Roberts to fill the vacancy in the office of Highway Superintendent. Resolution failed without a second. 

Resolution #13-16 was offered by Robert Wilcox to accept applications from interested persons within the next ten to fifteen days and conduct interviews in consideration of an appointment to fill the vacancy in the office of Highway Superintendent. Seconded by Donna Hamilton. Ayes – Jones, Hamilton, Wilcox. Nays – Helmer, Murphy.