New York § 2-260 - 2-260Village incorporation commission and general administration

§ 2-260. 2-260Village incorporation commission and general administration

§ 2-260 Village incorporation commission and general administration. 1. a. There is hereby established within the department of state a village incorporation commission. The commission shall consist of three members appointed as follows: (1) one member appointed by the secretary of state; (2) one member appointed by the comptroller; and (3) one member appointed by the attorney general. b. Each member of the commission shall serve a term of four years. The members shall be eligible for reappointment and shall serve until their successors are appointed and qualified, and the term of the successor of any incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only. c. A majority of the members of the commission shall constitute a quorum for the purpose of conducting the business thereof and a majority vote of all the members in office shall be necessary for action. d. The member appointed by the secretary of state shall be chairperson of the commission, provided that in the absence of the secretary of state's appointee at any meeting of the board the appointee of the attorney general or the comptroller, in such order, if either or both be present, shall act as chairperson. e. No member of the commission shall be disqualified from holding any other public office, nor shall employment be forfeited by reason of the member's appointment hereunder, notwithstanding the provisions of any general, special or local law, ordinance, county or city charter. 2. The commission shall have powers and duties as provided in this subdivision. A petitioner may seek relief from the commission under paragraph f of this subdivision in the event that the petitioner or petitioners and town or towns are unable to jointly select a third-party to prepare the study required by section 2-202 of this article within thirty-days of the filing of such a request with the town clerk: a. To accept petitions filed pursuant to this article; b. To hold hearings as required by this article; c. To accept and deposit with the state comptroller all such monies required to be paid by those seeking to incorporate a village pursuant to this article; d. To evaluate petitions filed pursuant to this article to ensure all components required by section 2-202 of this article have been included; e. To make decisions with regard to whether a village incorporation election shall proceed based upon the commission's judgment of the criteria established in sections 2-200 and 2-206 of this article and any other requirements established in this article. f. To select a third-party designee from a list submitted by the petitioner or petitioners and town or towns to prepare the study required to be attached to the petition pursuant to section 2-202 of this article; g. To direct the town clerk or clerks to post notices of hearing in alternative locations pursuant to section 2-204 of this article; h. To direct the town clerk or clerks to post notices of election in alternative locations pursuant to section 2-214 of this article; and i. To direct the town clerk or clerks to post notices of availability of list for inspection and additions pursuant to section 2-218 of this article. 3. Prior to issuing its decision with regard to whether a village incorporation election shall proceed, and upon receiving a complete petition seeking village incorporation, the commission shall review the study attached to such petition, as required by section 2-202 of this article, to determine whether such study conforms to the requirements of section 2-202 of this article. 4. Commission review. The commission shall determine whether: a. the petitioner has submitted a study pursuant to section 2-202 of this article having all the elements required by this article and that such study was provided for public review on the department of state's website for at least ninety days before any public hearing on the petition; b. the proposed village is capable of providing services to the area proposed to be incorporated; c. the tax revenue collected by such proposed village would sufficiently defray the cost of municipal services at a property tax rate that favorably compares to the property tax rate of the town or towns; and d. the incorporation would increase tax burdens on those located within the town or towns within which such proposed village would be established. 5. A village incorporation election shall not proceed if the commission determines based on the evidentiary record that the petition or the study or other exhibits or certifications with the petition does not meet the requirements of this article or that the proposed village would not satisfy the criteria of paragraph b, c, or d of subdivision four of this section. 6. A notice of the commission's decision with regard to whether a village incorporation shall proceed to election shall be by majority vote, and the department of state shall post a notice of the commission's decision on the public-facing portion of the department of state's website. No village incorporation election shall proceed in the event the commission rules adversely to such incorporation, except pursuant to the provisions of section 2-210 of this article.