We know Councilman Spain is in a big rush to get his friends appointed legally to the town jobs they've held illegally for the past two years, but Councilman Al has apparently jumped the gun by placing the Resolution of Appointment for the two non resident Deputy Town Attorneys on the agenda with the Local Law exempting the positions from the Public Officer's Law residency Requirement.
The Local Law which we've re-dubbed "The Al Spain Can Hire His Friends Act" was rushed on the agenda for Thursday's Workshop Meeting which takes place before the dust settles on the required Public Hearing scheduled 15 minutes before the Board meeting. Al is so desparate to hire these two non residents that he also placed a Resolution of Appointment on right after the Local Law is presumably passed with the help of North Greenbush residents and Council members Hoffman and Bott.
However, the veteran Councilman and Troy Personnel Director Al Spain must have forgot a key provision of the process of adopting a Local Law:
(9) No local law is effective until filed with the Secretary of State. Subject to that filing requirement, a local law otherwise takes effect on the 20th day after final adoption unless a different time is specified therein.
That means Councilman Spain can't vote to appoint his buddies Thursday night, at least not legally. That will have to wait until the next meeting of the Board so that the Local Law, if passed can be "CERTIFIED" by the Town Clerk and filed with the New York Secretary of State's Office in Albany which will be closed Thursday evening when "The Al Spain Can Hire His Friends Act" is voted on by the 4 remaining Board members.
So these two non resident attorneys will continue to represent North Greenbush illegally in the courts, plea bargaining cases just as if they had the legal authority of an appointment and had never been automatically vacated because of their status as non residents of the town. None of this seems to bother the gruesome threesome in the current majority of the Town Board. Legalities matter not when it comes to taking care of Al Spain's friends. Makes you wonder how Rensselaer County Civil Service, that bastion of rules and technicalities, continues to certify their payroll checks!
But at least we know Al is human. He's makes mistakes and we're sure, absolutely sure that the Town Clerk will perform a "Certification" of this town record when and if it is passed even though she once claimed at a Town Board meeting that she does not certify records, at least not ones which are falsified to cover the failure of Councilman Spain to take minutes at one of his CPC meetings. More on that subject later.