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Governor acts following multiple resignations from a town board results in the loss of a quorum

Governor acts following multiple resignations from a town board results in the loss of a quorum
Executive Chamber press release

Typically a vacancy on a board is filled by the incumbent board members. Filling a vacancy on the Town Board of the Town of Ancram, however, created a rarely experienced situation that required intervention by the Governor. The fact that three members of Ancram?s five member Town Board resigned during the week of August 18th left the Board unable to convene the quorum required to effect an interim appointment pursuant to its authority to do so in accordance with Town Law.

Governor Paterson appointed an interim member to the Board pursuant to Public Officers Law Section 43, thus providing the Board with a quorum.

Public Officers Law Section 43 authorizes the Governor to fill a vacancy in an elective office other than one resulting from the expiration of the term of office when there is no provision of law for filling the vacancy. In such cases the Governor is to appoint a person ?to execute the duties thereof until the vacancy shall be filled by an election.? Section 43 further provides that in the event the term of such officer at the end of the calendar year in it was made the individual will hold office for the rest of the term.

In this case the Governor?s appointee?s term will run the end of calendar 2008. The remaining two vacancies may be then filled by a unanimous vote of the newly constituted Board.

Full post as published by New York Public Personnel Law on September 15, 2008 (boomark / email).