Establishes a petition to start the process to change the elective office of assessors

Summary of specific provisions

Section 1: The general municipal law is amended by adding a new article 17-B. This new section defines the terms qualified elector, and participating municipality. It also states that the petition process starts once a petition from residents. who are qualified to vote. is filed with the clerk of a municipality. Upon receiving the petition, the municipality submits the question of changing the office of the assessor from elective to appointive to the voters.

If the majority of votes cast on the referendum are in the affirmative. the municipality, within 30 days of the referendum, notifies the assessor that he or she shall serve out his or her remaining term. If the majority of votes cast on the referendum are negative, the referendum fails, and the petition process may not be initiated for the same purpose within two years or the referendum's date. Time limits, petition format, including signature and witness requirements. and process deadlines are described.

Section 33 of the "Town Law. as amended by chapter 261 of the laws of 1943, is amended defining the powers and duties of assessors and the petition process paperwork requirements.

Justification

Local government costs contribute to the unsustainable local property burden that all state residents bear. Political and governmental leaders on all levels recognize the significance of the problem and have sought to address it. For example, recent reports issued by the Commission on Local Government Efficiency and Competitiveness. New York State Commission on Property Tax Relief, and Citizen's Budget Commission. as well as Governor Paterson's 2009 Budget, including recommendations that local governments consolidate. share, and/or eliminate services to cut costs. One such function that was found to be redundant in an extraordinary number of instances was tax assessing. For example, there is often a village assessor and town assessor. with the village assessor assessing parcels in the same geographic area covered by the town assessor.

Current law requires that the assessor is elected in many. although not all jurisdictions. In those municipalities where the assessor is elected. the assessing function cannot be consolidated or shared within or between those municipalities. The sole mechanism to revert this elective office to an appointive one in those municipalities is through a ballot referendum.

Local legislatures have legal authority to place referenda on the ballot to be voted upon by the voters within those municipalities. They regularly put bond referenda on the ballot to fund major capital projects. It is rare that municipal boards put referenda on the ballot asking voters whether certain elective offices should be appointive

ones, although there have been a few exceptions. For example, the Cortlandt Town Board placed a referendum on the ballot asking voters whether the elective position of superintendent of highways should he reverted to an appointed one (which passed). There is, however, no straightforward method by which citizens can place such a referendum on their local ballot.

This legislation would enable citizens to initiate a petition process and consign the question of changing the assessor elective office to an appointive one to a referendum on the ballot. With upward spiraling government expenses_ citizens need additional opportunities to make decisions regarding local government services. and having the ability to place a referendum on the ballot would be a crucial one.

Prior legislative history

New Legislation.

Fiscal implications

Minimal. since referenda can he put on the ballot during a general election.

Effective date

Immediately.