Sections 26 through 28 of the Governor's General Government Budget will give a Town Board the power to convert the office of Town Clerk from an elected to appointed position without any direct input from the residents of the Town. The proposed language will have a devastating impact on local governments and result in the direct disenfranchisement of the voters of New York State.

Municipal Home Rule Law Section 23(e) currently requires a Town Board seeking to abolish an elective office, or change the method of nominating, electing or removing an elective officer, to submit the proposal to vote by the general electorate during a special or biennial election.

As proposed, the Governor's bill could give the Town Board the ability, through a simple resolution, to convert the office of Town Clerk from elected to appointed position without any public comment, becoming effective automatically after 30 days. The only opportunity for public comment would occur IF a private citizen collects the signatures of 5% of the voters in the last gubernatorial election, thereby forcing the resolution to go to a public vote.

This is absolutely wrong and would lead to taking this decision out of the hands of the general populace through the electoral process and putting it into the hands of a few. The right to vote is one of our most treasured gifts. Anytime that right is placed in jeopardy we should fight to keep it, as our forefathers fought to get it for us, and so many have given so much in defense of it.

The residents of New York have overwhelmingly declared their right to vote on their elected officials as one of their highest priorities (please see the recent Siena Poll conducted January 27-29, 2009. www.Siena.edu/SRI/SNY). For the reasons stated above the New York State Town Clerks Association strongly opposes any language which transforms the elected office of Town Clerk from one directly accountable to the voters, to an appointed position reporting only to the Town Board. Sections 26 through 28 of the proposed Public Protection and General Government Article VII bill should be removed.

For more information please contact Marie L. Little, RMC, Town Clerk, Town of Royalton, 716-772-2431,

trclerk1@rochester.rr.com, 5316 Royalton Center Road, Middleport, NY 14105

                                             OR

Rebecca H. Haines, President of New York State Town Clerks Association.,

716-386-3465, ellerytc@alltel.net, P.O. Box 429, Bemus Point, NY 14712