N.Y. PBO Law § 30 — New York Code / Act PBO / Article 3 / Section 30
Creation of vacancies
Status: in_force

§ 30. Creation of vacancies. 1. Every office shall be vacant upon the\nhappening of one of the following events before the expiration of the\nterm thereof:\n  a. The death of the incumbent;\n  b. His resignation;\n  c. His removal from office;\n  d. His ceasing to be an inhabitant of the state, or if he be a local\nofficer, of the political subdivision, or municipal corporation of which\nhe is required to be a resident when chosen;\n  e. His or her conviction of a felony, conviction of a crime involving\na violation of his or her oath of office, or upon entering a guilty plea\nin federal court to a felony, or upon entering a guilty plea in federal\ncourt to a crime involving a violation of his or her oath of office,\nprovided, however, that a non-elected official may apply for\nreinstatement to the appointing authority upon reversal or the vacating\nof such conviction where the conviction is the sole basis for the\nvacancy. After receipt of such application, the appointing authority\nshall afford such applicant a hearing to determine whether reinstatement\nis warranted. The record of the hearing shall include the final judgment\nof the court which reversed or vacated such conviction and may also\ninclude the entire employment history of the applicant and any other\nsubmissions which may form the basis of the grant or denial of\nreinstatement notwithstanding the reversal or vacating of such\nconviction. Notwithstanding any law to the contrary, after review of\nsuch record, the appointing authority may, in its discretion, reappoint\nsuch non-elected official to his or her former office, or a similar\noffice if his or her former office is no longer available. In the event\nof such reinstatement, the appointing authority may, in its discretion,\naward salary or compensation in full or in part for the period from the\ndate such office became vacant to the date of reinstatement or any part\nthereof;\n  f. The entry of a judgment or order of a court of competent\njurisdiction declaring him to be incompetent;\n  g. The judgment of a court, declaring void his election or\nappointment, or that his office is forfeited or vacant;\n  h. His refusal or neglect to file his official oath or undertaking, if\none is required, before or within thirty days after the commencement of\nthe term of office for which he is chosen, if an elective office, or if\nan appointive office, within thirty days after notice of his\nappointment, or within thirty days after the commencement of such term;\nor to file a renewal undertaking within the time required by law, or if\nno time be so specified, within thirty days after notice to him in\npursuance of law, that such renewal undertaking is required. The neglect\nor failure of any state or local officer to execute and file his oath of\noffice and official undertaking within the time limited therefor by law,\nshall not create a vacancy in the office if such officer was on active\nduty in the armed forces of the United States and absent from the county\nof his residence at the time of his election or appointment, and shall\ntake his oath of office and execute his official undertaking within\nthirty days after receipt of notice of his election or appointment, and\nprovided such oath of office and official undertaking be filed within\nninety days following the date it has been taken and subscribed, any\ninconsistent provision of law, general, special, or local to the\ncontrary, notwithstanding.\n  2. When a new or an additional office shall be created, such office\nshall for the purposes of an appointment or election, be vacant from the\ndate of its creation, until it shall be filled by election or\nappointment.\n  3. When any member of a board, commission, committee or authority,\nholding office by appointment of the governor, fails to attend three\nconsecutive regular meetings of such board, commission, committee or\nauthority, unless such absence is for good cause and is excused by the\nchairman or other presiding officer thereof, or, in the case of such\nchairman or other presiding officer, by the governor, the office may be\ndeemed vacant for purposes of the nomination and appointment of a\nsuccessor.\n  4. Neither the provisions of this section, nor of any general, special\nor local law, charter, code, ordinance, resolution, rule or regulation,\ncreating a vacancy in a local office of a political subdivision or\nmunicipal corporation if the incumbent thereof ceases to be a resident\nof such political subdivision or municipal corporation, shall apply in\nthe case of a person who is a member of the police force of any\npolitical subdivision or municipal corporation of the state and who\nwhile a member of such force resides (a) in the county in which such\npolitical subdivision or municipal corporation is located; or (b) in a\ncounty within the state contiguous to the county in which such political\nsubdivision or municipal corporation is located; or (c) in a county\nwithin the state contiguous to such political subdivision or municipal\ncorporation; or (d) in a county within the state contiguous to a county\ndescribed in item (c) hereof where the former is less than fifteen miles\nfrom such political subdivision or municipal corporation, measured from\ntheir respective nearest boundary lines; or (e) in a county within the\nstate contiguous to a county described in item (d) hereof where the\nformer is less than thirty miles from such political subdivision or\nmunicipal corporation, measured from their respective nearest boundary\nlines:\n  (1) If such person was appointed as a member of such police force\nprior to July first, nineteen hundred sixty-one, shall reside in any\nsuch county on such date and shall continue to reside in any such county\nafter such date, or\n  (2) If the police force of which he is a member consists of two\nhundred or more full-time members or shall have consisted of two hundred\nor more full-time members when, as a member of such police force, he\nshall have resided in such county and shall continue to reside in any\nsuch county thereafter, or\n  (3) If the police force of which he is a member consists of less than\ntwo hundred full-time members; provided, however, that the local\nlegislative body of such political subdivision or municipal corporation\nhaving such police force shall have power to adopt and amend local laws,\nordinances or resolutions of general application requiring members of\nsuch police force, other than those members covered by paragraph one or\nparagraph two of this subdivision, to reside in such political\nsubdivision or municipal corporation, or permitting them to reside in\nspecified areas of such counties or within specified distances from the\npolitical subdivision or municipal corporation provided such local\nlegislative body shall determine that a police officer may respond\ntherefrom promptly and be available to render active service in such\npolitical subdivision or municipal corporation.\n  4-a. Neither the provisions of this section, nor of any general,\nspecial or local law, charter, code, ordinance, resolution, rule or\nregulation, creating a vacancy in a local office of a political\nsubdivision or municipal corporation if the incumbent thereof ceases to\nbe a resident of such political subdivision or municipal corporation,\nshall apply in the case of a member of the department of sanitation of\nany municipality who resides in a county within the state contiguous to\nsuch municipality.\n  4-b. Except as otherwise provided in subdivision five of this section,\nneither the provisions of this section, nor of any general, special or\nlocal law, charter, code, ordinance, resolution, rule or regulation,\ncreating a vacancy in a local office of a political subdivision or\nmunicipal corporation of the state if the incumbent thereof ceases to be\na resident of such political subdivision or municipal corporation shall\napply to the appointment or continuance in office or position of an\nofficer or member of a paid fire department in any political subdivision\nor municipal corporation of the state, if such person resides in the\ncounty, or one of the counties, in which such political subdivision or\nmunicipal corporation is located.\n  5. Neither the provisions of this section, nor of any general, special\nor local law, charter, code, ordinance, resolution, rule or regulation,\ncreating a vacancy in a local office of a political subdivision or\nmunicipal corporation if the incumbent thereof ceases to be a resident\nof such political subdivision or municipal corporation, shall apply in\nthe case of a paid member of the uniformed force of a paid fire\ndepartment, who, for purposes of this section shall include persons\nemployed as fire alarm dispatchers, or in the case of a person employed\nin a department of correction in the correction service of the\nclassified civil service, or in the case of a member of the department\nof sanitation of any political subdivision or municipal corporation who\nhas five or more years of service, or in the case of officers and\ninspectors employed in a department of health of a city of over one\nmillion population, or in the case of a member of the department of\nsanitation in a city with a population of one million or more who has\ntwo or more years of service to such city who resides (a) in the county\nin which said city is located; or (b) in a county within the state\ncontiguous to the county in which said city is located; or (c) in a\ncounty within the state contiguous to such city; or (d) in a county\nwithin the state which is not more than fifteen miles from said city; or\n(e) in a county within the state contiguous to a county described in\nitem (d) hereof where the former is less than thirty miles from such\npolitical subdivision or municipal corporation, measured from their\nrespective nearest boundary lines.\n  5-a. Any person who resides in this state and who is currently\nemployed as a member of the police force, a paid member of the uniformed\nforce of a paid fire department, or department of corrections in the\ncorrectional service classification of the classified civil service, of\na city of over one million population, shall be exempt from the\nprovisions of paragraph (d) of subdivision one and subdivisions four and\nfive of this section upon compliance with the procedure set forth in\nthis subdivision. Any person seeking to benefit from the exemption\ncreated by this subdivision shall notify his respective employer in\nwriting of said intention within thirty days from the effective date of\nthis subdivision and shall specify his then current residence address.\nThe exemption created by this subdivision shall be applicable only to\nsaid actual designated residence and not to any residence that any\nsubject currently employed member may thereafter establish; provided,\nhowever, that any such currently employed member who resides outside\nthis state shall have one year from the effective date of this\nsubdivision within which to establish residence as required pursuant to\nparagraph (d) of subdivision one, and subdivisions four and five of this\nsection and comply with the notice requirements of this subdivision.\nSaid residence shall constitute a lawful residence for all purposes\nnotwithstanding any provision to the contrary of any general, special or\nlocal law, charter, code, ordinance, resolution, rule or regulation.\n  6. Neither the provisions of this section, nor of any general, special\nor local law, charter, code, ordinance, resolution, rule or regulation,\ncreating a vacancy in a local office of a political subdivision or\nmunicipal corporation if the incumbent thereof ceases to be a resident\nof such political subdivision or municipal corporation, shall apply in\nthe case of appointed public officers in the city of Troy, except the\ncity manager of such city, who reside in the county of Rensselaer.\n  7. Neither the provisions of this section, nor of any general, special\nor local law, charter, code, ordinance, resolution, rule or regulation,\ncreating a vacancy in a local office of a political subdivision or\nmunicipal corporation of the state if the incumbent thereof ceases to be\na resident of such political subdivision or municipal corporation, shall\napply in the case of the city court judge in the city of Hudson,\nprovided that such person resides in the county in which such city is\nlocated.\n  8. Neither the provisions of this section, nor of any general, special\nor local law, charter, code, ordinance, resolution, rule or regulation,\ncreating a vacancy in a local office of a political subdivision or\nmunicipal corporation of the state if the incumbent thereof ceases to be\na resident of such political subdivision or municipal corporation, shall\napply in the case of a person holding the office of deputy sheriff in\nthe county of Nassau, provided that such person resides in Nassau county\nor any adjoining county within New York state.\n  9. Neither the provisions of this section, nor any general, special or\nlocal law, charter, code, ordinance, resolution, rule or regulation,\ncreating a vacancy in a local office of a political subdivision or\nmunicipal corporation of the state if the incumbent thereof ceases to be\na resident of the state or such political subdivision or municipal\ncorporation, shall apply in the case of a person holding the office of\ncorrection recruit, correction officer, correction corporal, correction\nsergeant, correction lieutenant, correction captain, correction colonel,\nchief of corrections, assistant warden, or warden employed by a\nsheriff's department or local correctional facility of any political\nsubdivision or municipal corporation in the counties of Rockland and\nOrange as of April fourth, two thousand twenty-six, provided such person\nresides within forty-five miles of the counties of Rockland and Orange,\nmeasured from the nearest boundary line of such counties.\n