TOWN BOARD VOTES TO ABOLISH ONE TOWN JUSTICE POSITION AT ITS MAY 13, 2021 TOWN BOARD MEETING BY RESOLUTION 21-075 FOR THE 1/1/2022 TERM

RESOLUTION 21-075 SUBMITTING QUESTION OF ABOLISHMENT OF ONE ELECTED OWASCO TOWN JUSTICE TO VOTERS AT BIENNIAL TOWN ELECTION

WHEREAS, the Town of Owasco currently has two (2) elected Town Justices;

WHEREAS, due to a recent resignation of one of the two elected Town Justices the Town Board believes it is the best time to eliminate one of the two elected Town Justices and upon the recommendation of the Association of Towns it is best that it be the Town Justice position whose elected term of office expires on December 31, 2021;

WHEREAS, the Town is aware that there are two (2) candidates on the ballot for Town Justice and as a result of this Resolution one candidate will be elected for one (1) four (4) year term;

WHEREAS, the Town Board has determined that it would be in the best interests of the Town of Owasco to reduce the number of Town Justices to one (1);

WHEREAS, the case load, fines, revenue and expenses since 2016 to approximately the present time is as follows:

Owasco Town Court

                 Opened   Closed      Fined          Revenue         Expense          Difference

2021                62        64        $7,572             $2,120             $7,260             -$5,139

2020                222      173      $22,057           $7,989             $32,807           -$24,818

2019                257      246      $21,260           $7,529             $32,133           -$24,782

2018                390      415      $30,531           $10,849           $32,311           -$21,462

2017                386      332      $35,299           $11,762           $30,665           -$18,903

2016                339      349                              $12,382           $28,549           -$16,167

WHEREAS, eliminating a Town Justice is highly recommended by the New York State Comptroller’s Office;

WHEREAS, since on or about January 2020 all arraignments are being held at the Cayuga County Jail rather than at the Owasco Town Hall;

WHEREAS, the Town Board has determined that it would save taxpayer money to reduce the number of Town Justices to one (1); and

WHEREAS, the term of office of one of the elected Town Justices will expire on December 31, 2021; AND NOW THEREFORE BE IT

RESOLVED, pursuant to the provisions of New York Town Law Section 60-a(2), the Town of Owasco hereby reduces to one (1), the number of Town Justices for the Town of Owasco, with the Town Justice position having an elected term of office expiring on December 31, 2021, being eliminated; and be it further

RESOLVED, that this Resolution shall be subject to permissive referendum as provided by New York State Town Law Article 7, Section 90 through Section 94; and be it further

RESOLVED, The Town Clerk is hereby authorized and directed to publish notice of this Resolution in the official newspaper of the Town within ten (10) days, and also within ten (10) days post on the signboard of the Town; and be it further

RESOLVED, that this resolution shall take effect on the thirtieth (30th) day, or upon such resolution having been approved by an affirmative vote of a majority of qualified electors of such town, if a valid petition be filed within the statutorily authorized time period forcing such question on the ballot at a general or special town election.

                Motion by Councilor Cornelius;   Second Councilor Kerstetter

               Roll call vote:  Councilor Cornelius Yes           Councilor Gucciardi Yes

                                     Councilor Kerstetter NO             Councilor Vitale       Yes

                                    Supervisor Wagner   Yes