BROOKFIELD
TOWN BOARD – SPECIAL MEETING
March 8,
2016
Reappointing
Piersma & Walker w/ Back Benefits Due to
FAILURE
TO RENEW THEIR OATHES OF OFFICE
A SPECIAL meeting
of the Town Board of the Town of Brookfield, County of Madison, State of New
York was held at the Town Hall, Brookfield, NY on March 8, 2016.
PRESENT:
Supervisor John Salka
Councilman Clinton Abrams
Councilman Dewitt Head ABSENT
Councilman Joseph Walker
Councilman Jefferson Mayne
Town Clerk Sherry Perretta
Highway Supt. Robert Piersma
Town Attorney Tina Weyland-Smith ABSENT
OTHERS PRESENT:
approximately 10 guests
Supervisor Salka
called the meeting to order at 7:00 pm with the Pledge to the Flag.
RESOLUTION 38-2016
APPOINTMENT OF TOWN COUNCILMAN AND
TOWN HIGHWAY SUPERINTENDENT
On a motion by Mayne, seconded by Abrams, the
following resolution was
ADOPTED by ROLL CALL VOTE: AYES (3) Abrams, Mayne,
Salka NAYS (0)
WHEREAS, a Town
Highway Superintendent and a Town Councilman were elected in November 2015 in
the Town of Brookfield to serve the terms commencing January 1, 2016; and
WHEREAS, said
Town Highway Superintendent and Town Councilman failed to take their oath of
office pursuant to Public Officers’ Law section 30; and
WHEREAS, Robert
J. Piersma and Joseph Walker continued to work as Town Highway Superintendent
and Town Councilman respectively and continue to do so; and
WHEREAS, the Town
Board has the power pursuant to Town Law section 64(5) to appoint qualified
persons to fill the vacancy;
NOW THEREFORE BE
IT RESOLVED that Robert J. Piersma be appointed Town Highway Superintendent and
Joseph Walker be appointed Town Councilman and shall be paid for the work that
they did during the vacancy of the office.
Town Clerk,
Sherry Perretta administered the oaths of office to Robert J. Piersma, Town Highway
Superintendent and Joseph Walker, Town Councilman. Oaths will be filed in the Clerk’s
office.
Supervisor Salka
reported that both of these appointments are through 12/31/2016. Both positions
will go on the ballot on November 8, 2016 for the balance of the terms ending 12/31/2019.
Supervisor Salka
presented findings from the Town Attorney regarding the validity of his oath of
office filed with the County Clerk’s office. The findings indicate that the
filing is valid. Reference was made to case Entwhistle vs. Murtaugh.
Councilman Abrams
reported that this issue is not just here. Reports indicate that approximately 250
positions across the state are in the same situation.
Supervisor Salka
would like to incorporate the oath taking into the Organizational meeting so that
this doesn’t happen again.
Town Highway
Superintendent Piersma apologized for his lack of responsibility in this
matter.
With no further
business to come before the Board, on a motion by Abrams and seconded by Walker,
the meeting was adjourned at 7:20 pm. Carried unanimously.
