HomeMy WebLinkAbout2011_6_15_Local_Law_No_7
Local Law No. 7 - 2011
This local law shall be known as the “Increase the Number of Alternate Members to Two
and Continue the Supersession of the Portions of Section 523 1. (b) of the New York
Real Property Tax Law that were Superseded by Local Law No. 11-2005 and Supersede
Portions of Section 523 1. (c) in the Town of Mamaroneck” Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
Section 1 – Purpose.
The Town Board concludes that due to the increased workload caused by the unusually
high number of complaints regarding assessments filed in the last few years necessitates
increasing the number of alternate members from one to two.
Section 2 - Amendment to an Existing Section of the Code of the Town of Mamaroneck
§ 5-7. Board of Assessment Review.
A. Portions of section 523 1. (b) and (c) of the New York Real Property Tax Law
hereby are superseded. Words enclosed in brackets are eliminated therefrom. Italicized
words are new matter added thereto. Section 523 1. (b) and (c) of the New York Real
Property Tax Law, as superseded below, shall apply in the Town of Mamaroneck.
“Section 523
1. (b) The board of assessment review shall consist of not less than three nor more
than five members appointed by the \[legislative body of the local government or
village\] Town Board. The Town Board also may appoint up to two alternates.
The alternates shall substitute for a member if such member is absent or is unable
to participate because of a conflict of interest. When an alternate sits in the place
of a member, the alternate shall be considered a member for all purposes. The
alternates shall not be counted for the purpose of determining whether a quorum
exists except in situations where an alternate substitutes for a member. Members
and alternates shall have a knowledge of property values in the \[local government
or village\] Town (including its incorporated areas). Neither the assessor nor any
member of his or her staff may be appointed to the board of assessment review or
be appointed an alternate. A majority of such board shall consist of \[members\]
persons who are not officers or employees of the \[local government or village\]
Town.
(c) Except as modified by the last sentence of this section, the terms of office of
members of the board of assessment review and of the alternates shall be five
years and shall commence on the first day of October and terminate on the
thirtieth day of September, five years thereafter. \[In the case of the first board
appointed under the provisions of this title, however, the terms shall be of such
length that not more than one will expire in each of the first five years after the
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members of such board are appointed.\] In order to provide for an orderly
succession and to preserve an ‘institutional memory’, the terms of each member
shall expire in different years.”
B. The Board of Assessment Review, previously established by the Town Board,
shall continue to exist. It shall consist of five members. It also shall have two alternates.
The members shall be known as Member A, Member B, Member C, Member D and
Member E. The alternates shall be known as Alternate One and Alternate Two. In
accordance with § 523(1)(e) of the New York Real Property Tax Law, annually the
members of the Board of Assessment Review shall designate which of them shall serve
as the Chairperson for that year.
C. Except as modified in § 5-7D of the Code, the term of office of each member and
each alternate shall be five years and shall expire on the 30th day of September of the
year in which the term expires.
D. The term of office of:
(1) Member A shall expire on September 30, 2013;
(2) Member B shall expire on September 30, 2014;
(3) Member C shall expire on September 30, 2015;
(4) Member D shall expire on September 30, 2011;
(5) Member E shall expire on September 30, 2012;
(6) Alternate One shall expire on September 30, 2012 and
(7) Alternate Two shall expire on September 30, 2013.
E. If a person is appointed or qualifies as a member or an alternate after October 1 of
the year in which the term of that person's office was scheduled to begin, that person's
term shall expire on September 30th in the year in which that person's term is scheduled
to expire even though the person shall have served less than five years.
Section 3 – Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall
not affect any other provisions of this Local Law, which may be implemented without the
invalid or unconstitutional provisions.
Section 4 – Effective Date:
This Local Law shall become effective upon filing with the Secretary of State
DRAFTED: June 3, 2011
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