2023 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 or her conviction of a felony, conviction of a crime  involving
a violation of his or her oath of office, or upon entering a guilty plea
in  federal court to a felony, or upon entering a guilty plea in federal
court to a crime involving a violation of his or  her  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  or her former office, or a similar
office if his or her 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.