Relates to authorizing certain elected county legislators in the county of Oswego to continue service and take an oath

Section 2 sets forth an immediate effective date.

Justification

Under current law, once the term of a duly elected legislator begins, such elected legislator has thirty days from commencement of their term to take and file an oath of office. Failure to take and file an oath of office in the thirty day time frame disqualifies the duly elected legislator from serving in their office, thereby leaving the office vacant. Pursuant to existing law, once a vacancy occurs, the serving members of the county legislature may appoint someone to fill the vacancy. However, the appointment is merely temporary until an election can be held in the next-occurring November to fill the remaining balance of that term of office.

On November 3rd, 2015, the voters of Oswego County elected County Legislators. On January 5th, 2016, five of the elected legislators took their respective oaths of office before State Supreme Court Justice Norman W. Seiter, Jr. of the 5th Judicial District, and thereafter assumed their official duties. Unfortunately however, they failed to properly file their oaths of office in the County Clerk's Office within the thirty day time frame required by law. In the absence of such filing, they could not legally hold the offices they had just been elected to by the voters.

In a spirit of collegiality, cooperation and out of respect for the decision of Oswego County voters on Election Day, the serving Oswego County Legislative Members appointed these five legislators to their elected positions on February 16, 2016, to serve until December 31st, 2016, as permitted by law. As previously stated, however, without this legislation these legislators would instead need to run again for these elected offices this coming November in order to serve out the remaining balance of a two-year term. This is an unforeseen, unintended consequence of existing state law that should be immediately corrected.

In addition, current law specifically states that an elected official must "take and file" an oath of office within 30 days of beginning their term or it shall be deemed a refusal to serve the office. At no time did the legislators take any actions that would lead one to believe they intended to refuse to serve in office. To the contrary, on January 5, 2016, they publicly "took" their oaths of office clearly manifesting their intent to assume the duties and responsibilities of the offices they had been elected to in November. The only obstacle to serving a full two-year term is their failure to "file" an oath of office with the County Clerk in a timely manner - which was an inadvertent clerical defect.

To now require these legislators to run in another election for the remaining balance of a two-year term that seemingly has already been granted by the Oswego County voters is unjust, unfair and an unnecessary waste of taxpayers' time and money. Most importantly, it has the potential to nullify the results of a fairly held election for these legislators. Enacting this legislation would uphold the decision of Oswego County voters, cure the ministerial defect, and preserve the integrity of the electoral process.

Legislative history

This is a new bill.

Fiscal implications

None. This bill would result in savings to the taxpayers of Oswego County.

Effective date

This act shall take effect immediately.