Allows local governments to merge their corporate structure through local initiative

Summary of provisions

Replaces Article 5-B of the town law with an updated framework and general procedure for the merging of town governments within the same county.

Town governments within the same county considering merging would be authorized to establish joint study committees, composed of at least one, but not more than two, appointees from each town. The committee would have broad authority to undertake studies and make recommendations, including recommendations as to a proposed plan for merger. In addition to a town resolution, a merger study could also be initiated by a petition of the electors.

In the event, the town board of each adjoining town adopts the plan for the merger, the adopted merger plan would be submitted to the electors in each town as part of a proposition for the merger. The plan shall contain:

-The name of each adjoining town and the name of the new town; -A plan for disposition of property of the adjoining towns; -A plan for the payment of outstanding obligations and the levy and collection of taxes and assessments; -A plan for the apportionment of responsibility and allocation of costs in the event of unanticipated liability prior to merger; -The effective date of the merger; -Designation of areas within the new town to reflect local place name or historical designation (termed "hamlets"); -A summary of ancillary agreements entered into or proposed by the adjoining towns to effect matters relating to the merger, including continuance of government, continuation of employment of certain employees, interim officers, a description of circumstances under which the merger shall not take place and the transition of government.

Justification

Most units of government in New York were originally created in colonial times by the division of the state into units of government that were easily managed, and which would be responsible for protecting the safety of inhabitants and for providing those services essential for the maintenance of the social welfare. Governmental offices and meeting places were often determined according to the ability of residents to reach such offices in a reasonable period of time by walking or by horse and wagon over pathways or dirt roads. Most families could meet their own needs in a

predominantly agricultural society so that few governmental services were required.

In our modem world of rapid communication, travel and demographic change many new and varied services of local government never before anticipated have become the norm. It has become apparent to many that joining units of local government that encompass a larger geographical area should be explored to determine if a more effective method of providing such services may lead to improving the quality of life of the inhabitants of the state. Providing a procedure by which adjacent towns may undertake a study to merge into a new and distinct unit will enable such localities to determine if a merger should take place after a thorough study of the needs of the people, and the interests of officers and employees of each separate local government. In the event it is determined, a new town consisting of the separate units may provide existing services more efficiently and effectively or that additional services are able to be provided by joining adjacent towns, such merger plan should be submitted to the electorate for their action thereon.

A new consolidated town could provide services that are more affordable with a larger unit of government and tax base, than with a smaller entity.

Knowing that a merger may have an impact upon the officers and employees presently serving when a new consolidated local government is created, such impacts may be addressed and ameliorated. Moreover, while such mergers are expected to ultimately result in more cost effective services, such savings are not anticipated to be immediate but to be attained over a period of years.

Legislative history

2009-10: S.5425, Senate Local Government Committee; A.7825, Assembly Local Governments Committee. 2007-08: S.3316-A, Passed Senate; A.5114-A, Assembly Local Governments Committee.

Fiscal implications

Where town boards utilize the procedure provided by this proposal and merge, there may be overall long term savings to the state and taxpayers.

Local fiscal implications

Consolidation of town government structures may provide long term savings and improved services to communities and local taxpayers.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law.