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A08404 Summary:

BILL NOA08404
 
SAME ASSAME AS S07417
 
SPONSORSmullen
 
COSPNSR
 
MLTSPNSR
 
Amd 3, Pub Off L
 
Waives the residency requirement for the city attorney in the city of Johnstown, Fulton county.
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A08404 Actions:

BILL NOA08404
 
10/20/2021referred to governmental operations
01/05/2022referred to governmental operations
05/09/2022reported referred to rules
05/17/2022reported
05/17/2022rules report cal.241
05/17/2022substituted by s7417
 S07417 AMEND= TEDISCO
 10/04/2021REFERRED TO RULES
 01/05/2022REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
 04/25/20221ST REPORT CAL.797
 04/26/20222ND REPORT CAL.
 04/27/2022ADVANCED TO THIRD READING
 05/03/2022PASSED SENATE
 05/03/2022DELIVERED TO ASSEMBLY
 05/03/2022referred to governmental operations
 05/17/2022substituted for a8404
 05/17/2022ordered to third reading rules cal.241
 05/17/2022passed assembly
 05/17/2022returned to senate
 06/22/2022DELIVERED TO GOVERNOR
 06/30/2022SIGNED CHAP.320
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A08404 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8404
 
SPONSOR: Smullen
  TITLE OF BILL: An act to amend the public officers law, in relation to waiving the residency requirement for the city attorney in the city of Johnstown, Fulton county   PURPOSE: To waives the residency requirement for the city attorney in the city of Johnstown, Fulton County   SUMMARY OF PROVISIONS: Section 1. Section 3 of the public officers' law is amended by adding a new subdivision 72 to read as follows: 72. In the city of Johnstown, in the county of Fulton. the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which he or she shall be chosen or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of city attorney of the city of Johns- town, provided that such person resides in Fulton county or an adjoining county within the state of New York; provided, however that any person performing such functions or holding the office of the city attorney in any other city shall be a resident of such county unless otherwise provided by law. Section 2 Effective date.   JUSTIFICATION: The City of Johnstown (a city with less than 9000 residents) in Fulton County currently has limited flexibility to fill the position of City Attorney due to a residency requirement. The City Attorney's Office provides the Mayor, City Council. and City officers, employees, and agencies with effective legal representation and opinions on City affairs, and prosecutes violators of the City Code of Ordinances, hence stability and consistency in this role is vital. Furthermore, a high turnover of personnel is extremely costly to local governments, particularly at a time when our localities are facing fiscal challenges due to the COVID 19 pandemic. This legislation would enable the Mayor of Johnstown to draw from a larger pool for this important appointed position, while staying within county lines.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: None noted.   EFFECTIVE DATE: This act shall take effect immediately.
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A08404 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8404
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 20, 2021
                                       ___________
 
        Introduced  by M. of A. SMULLEN -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN ACT to amend the public officers law,  in  relation  to  waiving  the
          residency  requirement for the city attorney in the city of Johnstown,
          Fulton county
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 3 of the public officers law is amended by adding a
     2  new subdivision 72 to read as follows:
     3    72.  In the city of Johnstown, in the county of Fulton, the provisions
     4  of this section requiring a person to be a  resident  of  the  political
     5  subdivision  or  municipal  corporation of the state for which he or she
     6  shall be chosen or within  which  his  or  her  official  functions  are
     7  required  to  be  exercised, shall not prevent a person from holding the
     8  office  of  city  attorney  of the city of Johnstown, provided that such
     9  person resides in Fulton county or  an  adjoining  county   within   the
    10  state  of  New  York;  provided, however that any person performing such
    11  functions or holding the office of the city attorney in any  other  city
    12  shall be a resident of such county unless otherwise provided by law.
    13    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13320-01-1
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