NY Pub Off L § 30 (2021)
2021 New York Laws PBO - Public Officers Article 3 - Creation and Filling of Vacancies 30 - Creation of Vacancies.

§ 30. Creation  of vacancies. 1. Every office shall be vacant upon the happening of one of the following events before the  expiration  of  the term thereof:   a. The death of the incumbent;   b. His resignation;   c. His removal from office;   d.  His  ceasing to be an inhabitant of the state, or if he be a local officer, of the political subdivision, or municipal corporation of which he is required to be a resident when chosen;   e. His conviction of a felony, or a crime involving a violation of his oath of office, provided, however, that a non-elected official may apply for reinstatement to the  appointing  authority  upon  reversal  or  the vacating  of  such conviction where the conviction is the sole basis for the vacancy. After receipt of such application, the appointing authority shall afford such applicant a hearing to determine whether reinstatement is warranted. The record of the hearing shall include the final judgment of the court which reversed or vacated  such  conviction  and  may  also include  the  entire  employment  history of the applicant and any other submissions which  may  form  the  basis  of  the  grant  or  denial  of reinstatement   notwithstanding   the   reversal  or  vacating  of  such conviction. Notwithstanding any law to the  contrary,  after  review  of such  record, the appointing authority may, in its discretion, reappoint such non-elected official to his former office, or a similar  office  if his  former  office  is  no  longer  available.  In  the  event  of such reinstatement, the appointing authority may, in  its  discretion,  award salary  or  compensation in full or in part for the period from the date such office became vacant to the  date  of  reinstatement  or  any  part thereof;   f.  The  entry  of  a  judgment  or  order  of  a  court  of competent jurisdiction declaring him to be incompetent;   g.  The  judgment  of  a  court,  declaring  void  his   election   or appointment, or that his office is forfeited or vacant;   h. His refusal or neglect to file his official oath or undertaking, if one  is required, before or within thirty days after the commencement of the term of office for which he is chosen, if an elective office, or  if an   appointive   office,   within  thirty  days  after  notice  of  his appointment, or within thirty days after the commencement of such  term; or  to file a renewal undertaking within the time required by law, or if no time be so specified, within thirty  days  after  notice  to  him  in pursuance of law, that such renewal undertaking is required. The neglect or failure of any state or local officer to execute and file his oath of office and official undertaking within the time limited therefor by law, shall  not  create a vacancy in the office if such officer was on active duty in the armed forces of the United States and absent from the county of his residence at the time of his election or appointment,  and  shall take  his  oath  of  office  and execute his official undertaking within thirty days after receipt of notice of his election or appointment,  and provided  such  oath  of office and official undertaking be filed within ninety days following the date it has been  taken  and  subscribed,  any inconsistent  provision  of  law,  general,  special,  or  local  to the contrary, notwithstanding.   2. When a new or an additional office shall be  created,  such  office shall for the purposes of an appointment or election, be vacant from the date  of  its  creation,  until  it  shall  be  filled  by  election  or appointment.   3. When any member of a board,  commission,  committee  or  authority, holding  office  by  appointment  of the governor, fails to attend three consecutive regular meetings of such  board,  commission,  committee  or  authority,  unless  such absence is for good cause and is excused by the chairman or other presiding officer thereof, or, in  the  case  of  such chairman  or other presiding officer, by the governor, the office may be deemed  vacant  for  purposes  of  the  nomination  and appointment of a successor.   4. Neither the provisions of this section, nor of any general, special or local law, charter, code, ordinance, resolution, rule or  regulation, creating  a  vacancy  in  a  local  office of a political subdivision or municipal corporation if the incumbent thereof ceases to be  a  resident of  such  political subdivision or municipal corporation, shall apply in the case of a person who  is  a  member  of  the  police  force  of  any political  subdivision  or  municipal  corporation  of the state and who while a member of such force resides (a) in the  county  in  which  such political  subdivision  or municipal corporation is located; or (b) in a county within the state contiguous to the county in which such political subdivision or municipal corporation is located;  or  (c)  in  a  county within  the  state contiguous to such political subdivision or municipal corporation; or (d) in a county within the state contiguous to a  county described in item (c) hereof where the former is less than fifteen miles from  such political subdivision or municipal corporation, measured from their respective nearest boundary lines; or (e) in a county  within  the state  contiguous  to  a  county  described in item (d) hereof where the former is less than thirty miles  from  such  political  subdivision  or municipal  corporation,  measured from their respective nearest boundary lines:  (1) If such person was appointed as a  member  of  such  police  force prior  to  July  first,  nineteen hundred sixty-one, shall reside in any such county on such date and shall continue to reside in any such county after such date, or  (2) If the police force of which  he  is  a  member  consists  of  two hundred or more full-time members or shall have consisted of two hundred or  more  full-time  members  when, as a member of such police force, he shall have resided in such county and shall continue to  reside  in  any such county thereafter, or  (3)  If the police force of which he is a member consists of less than two  hundred  full-time  members;  provided,  however,  that  the  local legislative  body of such political subdivision or municipal corporation having such police force shall have power to adopt and amend local laws, ordinances or resolutions of general application  requiring  members  of such  police force, other than those members covered by paragraph one or paragraph  two  of  this  subdivision,  to  reside  in  such   political subdivision  or  municipal  corporation, or permitting them to reside in specified areas of such counties or within specified distances from  the political  subdivision  or  municipal  corporation  provided  such local legislative body shall determine  that  a  police  officer  may  respond therefrom  promptly  and  be  available to render active service in such political subdivision or municipal corporation.   4-a. Neither the provisions of  this  section,  nor  of  any  general, special  or  local  law,  charter,  code, ordinance, resolution, rule or regulation, creating  a  vacancy  in  a  local  office  of  a  political subdivision  or municipal corporation if the incumbent thereof ceases to be a resident of such political subdivision  or  municipal  corporation, shall  apply  in the case of a member of the department of sanitation of any municipality who resides in a county within the state contiguous  to such municipality.   4-b. Except as otherwise provided in subdivision five of this section, neither  the  provisions of this section, nor of any general, special or local law, charter, code, ordinance,  resolution,  rule  or  regulation,  creating  a  vacancy  in  a  local  office of a political subdivision or municipal corporation of the state if the incumbent thereof ceases to be a resident of such political subdivision or municipal corporation  shall apply  to  the  appointment  or  continuance in office or position of an officer or member of a paid fire department in any political subdivision or municipal corporation of the state, if such  person  resides  in  the county,  or  one of the counties, in which such political subdivision or municipal corporation is located.   5. Neither the provisions of this section, nor of any general, special or local law, charter, code, ordinance, resolution, rule or  regulation, creating  a  vacancy  in  a  local  office of a political subdivision or municipal corporation if the incumbent thereof ceases to be  a  resident of  such  political subdivision or municipal corporation, shall apply in the case of a paid  member  of  the  uniformed  force  of  a  paid  fire department,  who,  for  purposes  of  this section shall include persons employed as fire alarm dispatchers, or in the case of a person  employed in  a  department  of  correction  in  the  correction  service  of  the classified civil service, or in the case of a member of  the  department of  sanitation of any political subdivision or municipal corporation who has five or more years of service,  or  in  the  case  of  officers  and inspectors  employed  in  a  department  of health of a city of over one million population, or in the case of a  member  of  the  department  of sanitation  in  a  city with a population of one million or more who has two or more years of service to such city who resides (a) in the  county in  which  said  city  is  located;  or (b) in a county within the state contiguous to the county in which said city is  located;  or  (c)  in  a county  within  the  state  contiguous  to such city; or (d) in a county within the state which is not more than fifteen miles from said city; or (e) in a county within the state contiguous to  a  county  described  in item  (d)  hereof  where  the former is less than thirty miles from such political subdivision or  municipal  corporation,  measured  from  their respective nearest boundary lines.   5-a.  Any  person  who  resides  in  this  state  and who is currently employed as a member of the police force, a paid member of the uniformed force of a paid fire department, or department  of  corrections  in  the correctional  service classification of the classified civil service, of a city of  over  one  million  population,  shall  be  exempt  from  the provisions of paragraph (d) of subdivision one and subdivisions four and five  of  this  section  upon compliance with the procedure set forth in this subdivision. Any person  seeking  to  benefit  from  the  exemption created  by  this  subdivision  shall  notify his respective employer in writing of said intention within thirty days from the effective date  of this  subdivision  and shall specify his then current residence address. The exemption created by this subdivision shall be  applicable  only  to said  actual  designated  residence  and  not  to any residence that any subject currently employed member may  thereafter  establish;  provided, however,  that  any  such  currently employed member who resides outside this state  shall  have  one  year  from  the  effective  date  of  this subdivision  within which to establish residence as required pursuant to paragraph (d) of subdivision one, and subdivisions four and five of this section and comply with the notice  requirements  of  this  subdivision. Said  residence  shall  constitute  a  lawful residence for all purposes notwithstanding any provision to the contrary of any general, special or local law, charter, code, ordinance, resolution, rule or regulation.   6. Neither the provisions of this section, nor of any general, special or local law, charter, code, ordinance, resolution, rule or  regulation, creating  a  vacancy  in  a  local  office of a political subdivision or municipal corporation if the incumbent thereof ceases to be  a  resident  of  such  political subdivision or municipal corporation, shall apply in the case of appointed public officers in the city of  Troy,  except  the city manager of such city, who reside in the county of Rensselaer.   7. Neither the provisions of this section, nor of any general, special or  local law, charter, code, ordinance, resolution, rule or regulation, creating a vacancy in a local  office  of  a  political  subdivision  or municipal corporation of the state if the incumbent thereof ceases to be a resident of such political subdivision or municipal corporation, shall apply  in  the  case  of  the  city  court  judge in the city of Hudson, provided that such person resides in the county in which  such  city  is located.   8. Neither the provisions of this section, nor of any general, special or  local law, charter, code, ordinance, resolution, rule or regulation, creating a vacancy in a local  office  of  a  political  subdivision  or municipal corporation of the state if the incumbent thereof ceases to be a resident of such political subdivision or municipal corporation, shall apply  in  the  case of a person holding the office of deputy sheriff in the county of Nassau, provided that such person resides in Nassau county or any adjoining county within New York state.