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ORGANIZATION MEETING
~—"•

NORTH TARRYTOWN, N.Y.
April 4, 1983

The Organization Meeting of the Village of North Tarry town, N.Y .
was held on the above date.
Present

m

Philip E. Zegarelli,
Mayor
Stephen Maceyak
Vincent Buonanno
William McBride
Joseph D. Lofaro
James J. Timmings
Emmanuel Lobato,
Trustees
Robert J. Ponzini, Counsel

Mayor Zegarelli called the meeting to order at 8:00 P.M. with a
prayer and salute to the flag.
Mayor Zegarelli stated that tonight, we depart from normal procedure
in that the meeting is purely to reorganize, he said. There are no
provisions for remarks or requests from the audience, he said.
Mayor Zegarelli welcomed back three Trustees who have served on the
Board previously, Messrs. McBride, Buonanno and Timmings.
Mayor Zegarelli gave the following statement:
(see attached)
Village Attorney - As stated in the Village Law and brought forth in
many instances, there is no vacancy in the position of Village Attorney,
said the Mayor. He said that by other determinations, this post and
others are considered employees of the Village. He, Robert Ponzini, is
still the Village Attorney and he shall continue in that office, said
the Mayor.
Mayor Zegarelli stated that the Village Prosecutor's position is
noted as that of an employee, and suggested that John Tucciarone would
continue as Village Prosecutor.
Village Auditor - It was the unanimous consent that the firm of Singlar
and Landry be retained as Village Auditor for one year.
Member of the Recreation Commission - In analyzing the law, Mayor
Zegarelli stated that the position of Recreation Commission is considered
an officer and consequently propose to maintain Eva Piedemonte as the
member of the Recreation Commission for a term of seven years.
Trustee Timmings moved to confirm the Mayor's action, seconded
by Mayor Zegarelli.
Roll call:

�-2Trustee Maceyak - No
Trustee Lofaro - No
"
Buonanno - No
"
Timmings - Yes
"
McBride - No
"
Lobato
- No
Mayor Zegarelli voted "Yes" and stated that as an officer and
appointment of the Mayor, even though a person is turned down, it is
considered a hold-over and Miss Piedemonte would continue in that pos
Member of the Building Board - Mayor Zegarelli stated that the positi
is considered as an employee and by statute, Juan Menendez is still
considered a member of the Board for one year.
Member of the Planning Board - Mayor Zegarelli stated that the positi
is considered as an officer and James Galgano would continue to serve
on the Board for five years,
Trustee Timmings moved to confirm the Mayor's appointment, secoit
by Mayor Zegarelli,
Trustee Maceyak - No
Trustee Lofaro - No
"
Buonanno - No
"
Timmings - Yes
"
McBride - No
"
Lobato - No
Mayor Zegarelli voted "Yes" and stated that an officer continues
in that position.
Member of the Zoning Board of Appeals - Mayor Zegarelli stated that
Aldo Ceconi and Frank Paolantonio are considered officers of the Zoni
Board and continue as same.
Trustee Timmings moved to confirm action of the Mayor, seconded 1
Trustee Maceyak. Carried,
Messrs. Ceconi and Paolantonio were declared members of the
Zoning Board of Appeals for a term of three years each.
Fire Inspector - Trustee Timmings moved, seconded by Trustee Buonanno
that Glenn Ames.bury be appointed Fire Inspector for a term of one yeai
Carried.
Mayor Zegarelli appointed Margaret White a member of the North
Tarrytown Housing Authority for a term of five years.
Member of the Electrical Board - Code Enforcement Officer - Mayor
Zegarelli appointed Victor Page a member for one year.
Trustee Timmings moved to confirm, seconded by Mayor Zegarelli.
A poll of the Board:
Trustee Maceyak No
Trustee Lofaro
- No
"
Buonanno No
"
Timmings - Yes
"
McBride No
"
Lobato
- No
Mayor Zegarelli voted "Yes" and stated that he continues as a
veteran in his position and if he. does not would be a violation of Ci1
Service law and veterans preference, said the Mayor.

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-3Member of Electrical Board - Fire Underwriters Rep, - Mayor Zegarelli
appointed William Craft to continue as a member for one year.
Trustee Timmings moved to confirm the action, seconded by Trustee
Buonanno.
Carried.

!

Member of the Electrical Board - Con Edison's rep, - Mayor Zegarelli
appointed Edward McCarthy to continue as a member for one year.
Trustee Timmings moved to confirm the action, seconded by Trustee
Lofaro.
Carried.
Police Surgeon - Mayor Zegarelli appointed Dr. Elio Ippolito Police
Surgeon for one year.
Trustee Timmings moved, seconded by Trustee Lobato that action
of the Mayor be confirmed.
Carried.
Police Matron - Mayor Zegarelli appointed Josephine Moore for one year
term.
Trustee Timmings moved, seconded by Trustee Lofaro that action of
the Mayor be confirmed.
Carried.
Member of Fire Board of Appeals - Mayor Zegarelli appointed Thomas
Square a member for five years.
Trustee Timmings moved to confirm the action, seconded by Trustee
Lofaro.
Carried.
Acting Village Justice - Mayor Zegarelli stated that according to law,
there is no hold-over for judicial post.
Mayor Zegarelli proposed Dennis Fitzgerald as Acting Village Justice
for one year.
Trustee Timmings moved to confirm the action, seconded by Mayor
Zegarelli.
A poll of the Board;
Trustee Maceyak - No
"
Buonanno - No
"
McBride - No

Trustee Lofaro - No
"
Timmings - Yes
"
Lobato
- No

Mayor Zegarelli voted "Yes",
Motion not carried, vacancy still exists.
Village Historian - Mayor Zegarelli stated that the position is that of
an employee and therefore, Joseph Finnegan will continue as historian
for one year.
°yMember of Senior Citizens Commission - Mayor Zegarelli stated that this
position is considered an employee and Jos.Piedemonte will continue as
a member of the Commission for seven years in accordance with the statute.
Trustee Buonanno moved, seconded by Trustee Maceyak that Joseph
Piedemonte continue to serve as a member of the Senior Citizens Commissior
for a term of seven years.

�-4Trustee Maceyak proceeded to make a motion to add another member
to the Commission, Peter Soriano, citing his work and dedication to t
citizens while a Trustee, however, Mayor Zegarelli stated that since
the appointment is by the Mayor, and that there is no vacancy, there
no vacancy on the Senior Citizens Commission and no motion is in orde
Members of the Handicapped Committee - Mayor Zegarelli proposed the
names of John Venuti and Willis Moon as members for a term of five ye^
Trustee Buonanno moved, seconded by Trustee Maceyak that the
Mayor's action be confirmed.
Carried.
Members of the Traffic &amp; Transportation Committee - Mayor Zegarelli
proposed the names of Larry Kosilla, Jr., Ugo Checchi and Richard Aye
members of the Traffic and Transportation Committee for a term of one
year each.
Trustee Maceyak moved, seconded by Trustee Timmings that action i|
the Mayor be confirmed.
Carried.
Mayor Zegarelli appointed Trustee Timmings and Trustee Lobato as Nort
Tarrytown's representatives on the Warner Library Board.
Member of the Library Board - Mayor Zegarelli stated that this positi
is considered an employee and holds over and that Joan Levy is mainta
a member of the Library Board for a five year term.
Trustee Timmings moved to confirm, seconded by the Mayor.
Trustee Buonanno proceeded to move to table.
Mayor Zegarelli stated that the position is that of an employee.
Members of the Technical Service Review Board - Mayor Zegarelli statei
that the members are considered employees and proposed James McGough
(Lawyer) and Carl Wachter (Finance) as members of the Technical Servirl
Review Board for a term of five years t
Trustee Timmings so moved to confirm, seconded by Trustee MaceyalJ
Carried.
Mayor Zegarelli appointed Trustee Timmings Deputy Mayor for one
year.
Trustee Timmings moved, seconded by Trustee Maceyak that the Fir.^
National Bank of North Tarrytown be designated as the official deposit
of Village Funds. Carried.
Trustee Timmings moved, seconded by Trustee Maceyak that the
Tarrytown Daily News be designated as the official newspaper. Carried
Trustee Timmings moved, seconded by Trustee Maceyak that meetinj
dates be held on the second and fourth Mondays of each month and at t|
call of the Chair.
Carried.

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-5Mayor Zegarelli appointed the entire Board as a committee of the
whole to work on the 1983-84 budget.
Trustee Maceyak moved, seconded by Trustee Lofaro that Roberts
Rules of Order be adopted as the Official Parliamentary Procedure of
the Board.
Carried.
Mayor Zegarelli stated that the Mayor and Chief of Police are
automatically members of the Police Pension Committee and the Trustee
who will be named as Chairman of the Police Committee will also be a
member of the pension committee.
Trustee Timmings so moved, seconded by Trustee Maceyak.

Carried,

Mayor Zegarelli appointed the following committees:
Public Works
(Water &amp; Sewer)

Administration

Trustee Maceyak, Chairman
Trustee McBride
Trustee Lobato

Trustee Buonanno, Chairman
Trustee McBride
Trustee Maceyak

Police

Fire

Trustee McBride, Chairman
Trustee Buonanno
Trustee Maceyak

Trustee Lofaro, Chairman
Trustee Timmings
Trustee Buonanno

Finance
Trustee Buonanno, Chairman
Trustee McBride
Trustee Lofaro
Tax Exempt
Trustee Timmings, Chairman
Trustee Lofaro
Trustee Lobato
Labor Relations &amp; Gov't. Relations
Trustee Lobato, Chairman
Trustee Timmings
Trustee McBride
79 College Ave.
Trustee Timmings, Chairman
Trustee Lofaro
Trustee Lobato
Recreation &amp; Senior Citizens
Trustee Maceyak,^Chairman
Trustee Lofaro
Trustee Lobato

a

�-6Trustee Maceyak moved to confirm the Mayor's action, seconded
by Trustee Lofaro.
A poll of the Board:
,

Trustee Maceyak - Yes
"
Buonanno
Yes
McBride - Yes
Motion carried.

Trustee Lofaro - . Yes
"
Timmings - No
"
Lobato - Yes

Mayor Zegarelli read the following opinions regarding the positi
of Village Attorney:
(see attached)
Trustee Timmings moved, seconded by Mayor Zegarelli that the
meeting be adjourned.
A poll of the Board:
Trustee Maceyak - No
11
Buonanno
No
McBride - No
Mayor Zegarelli voted "Yes11.

Trustee Lofaro - No
"
Timmings - Yes
"
Lobato - No
)wr% .
Motion/\carried.

Trustee Lobato moved the following resolution, seconded by
Trustee Maceyak:

I

WHEREAS a dispute has arisen whether the Village office of Villaji
Attorney exists for the Village of North Tarrytown;

WHEREAS, a dispute has arisen as to the role of the Board of Trus ]
in selecting the attorney who will perform legal services on behalf oi ]
the Village of North Tarrytown and who will act as Counsel to the Boai]
of Trustees of the Village of North Tarrytown;
WHEREAS, an impasse has been reached in the process of retaining ,
an attorney to perform legal services on behalf of the Village of Nort'J
Tarrytown and to act as Counsel to the Board of Trustees of the Villagl
of North Tarrytown; and
\
WHEREAS, the Village of North Tarrytown continues to require legs
services to be performed on its behalf and the Board of Trustees of tfo
Village of North Tarrytown continue to require the Counsel and servicei
of an attorney; now, therefore
\
BE IT RESOLVED:
That the Village office of Village Attorney, if there to be one
in the Village of North Tarrytown, is hereby abolished pursuant to anj
exercise of the power of the Board of Trustees under Village Law,
Section 4-412, subd. 1; and

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�7

-7That all future legal services to be performed on behalf of the
Village of North Tarrytown and legal counsel and services to be provided
to the Board of Trustees of the Village of North Tarrytown shall be
provided by an individual attorney or a law firm retained for those
purposes pursuant to a contract of employment that shall provide for the
payment of such attorney or law firm on an hourly basis.
Mayor Zegarelli stated that the motion has no merit and was out
of order.
The person appointed by the Mayor continues, he said.
Mayor Zegarelli read the following in answer to Trustee Lobato*s
motion:
(see attached)
Mayor Zegarelli read the following qualifications of Counsel
Ponzini and the Civil Service specifications of a Village Attorney:
(see attached)
Trustee Lobato stated that Section 4.412-1 provides that the
Board may create or abolish agencies, etc. We are abolishing the positio
of Attorney, he said.
Mayor Zegarelli stated that you cannot abolish the position. He is
an employee, said the Mayor. He suggested that both parties obtain an
opinion from the Attorney General.
Trustee Lobato disagreed with the Mayor, He stated that he is
either the holder of a Village office or employed by contract and can
be terminated.
Mayor Zegarelli stated that he is an employee appointed by the
Mayor and confirmed by the Board, It was his desire to maintain him
as an attorney.
Trustees Lofaro and Maceyak stated that there is a motion on the
floor, the resolution is legal, however, Mayor Zegarelli stated that
there is no motion on the floor.
Trustee Timmings questioned as to for what position we are
contracting.
In answer to Mayor Zegarelli's answer, Trustee McBride stated that
whether you think it is correct or not, you have to entertain the
motion whether you agree with it or not.
Trus tee Lobato answered Trustee Timmings that the position was for
legal services to be performed on behalf of the Village on a needed
basis of the Board.
Trustee Lobato moved that the Board hire and retain the service
of Thomas J. Abinanti for a reasonable fee to advise the Board of
Trustees in this matter on any legal procedure required and to represent
the Board, seconded by Trustee Maceyak,
Carried.
Trustee Timmings moved, seconded by Trustee Maceyak that the Mayor
have the authority to hire Counsel at a reasonable fee, also.
Carried.

�-8Trustee Lobato moved to appeal the ruling of the Chair that the j
motion is out of order and ask for a vote, seconded by Trustee Maceya*
Mayor Zegarelli stated that he does not recognize the motion and|
ruled it out of order.
Trustee Timmings inquired as to what the cost would be for attor
fees and Trustee Lobato answered at the prevailing market pay rate fo
services.
Trustee Lobato again moved to consider the motion, seconded by *
Trustee Maceyak.
Mayor Zegarelli reiterated the appointive powers of the Mayor, i
stated that he will go to court to substantiate the powers of the May!
and suggested that the meeting be adjourned.
Trustee Timmings moved, seconded by Trustee Lobato to adjourn.
Carried.
I
'i

1
Respectfully submitted,

^tfbat^^fa

Filomena Fallacaro
Clerk

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�7
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MEMORANDUM
DATE:

APRIL 4th, 1983

The purpose of this Memorandum will be to clarify the various right
and responsibilities of the Mayor and the Board of Trustees in the
selection of the Village Attorney for the Village of North Tarrytown.
•

• X

-

*

"

.

Village Law 4-400 of the State of New York provides as follows:

•

Section 4-400. Mayor. 1. It shall be the
responsibility of the Mayor;... to appoint
all department and non-elected officers and
"employees subject to the approval to the
Board of Trustees....
Clearly, the appointing power of the position of Village Attorney i
the prerogative of the Mayor of the Village.

The Office of the Attorney

General, the Chief Legal Officer for New York State, has ruled
specifically on this point.

In an opinion dated June 28th, 1979 to the

Village Attorney of the Village of Chittenango, the Attorney General's
office stated as follows:

"Village Law Section 4-400 (1)(c) makes the

appointment of a Village Attorney a Mayor's appointment subject only to
approval by the Board of Trustees.

However, the Village Mayor alone ha;

the power to remove the Village Attorney, and such power is not subject
either to consent or approval by the Board of Trustees (1974 Att'y Gen
[Inf Opns] 204)."

\.

�The position of Village Attorney is as an employee ot :the Villa*
and in the exempt class of civil service (1974 Atty Gen [Inf Opns] i
Employment in that class of the civil service "is at the will of
appointing officer or agency and employment continues until terminal
appointment of a successor, or by the removal of the employee by the
appointing authority, or by resignation, or by some similar causes (j
Atty Gen [Inf Opns] 224).
The fact that custom or resolution or order making an appointing
specifies a termination date is irrelevant (1974 Atty Gen [Inf Ophs]
19742d Opn).
In the opinion of the Attorney General's office, the Village Bb
of Trustees, therefore, does not have the power to remove the Villa
Attorney, who holds his position through appointment by the Mayor
consequently any resolution of the Board of Trustees that the Villac
Attorney be terminated with no salary or benefits is ineffective to
remove the Village Attorney, and that portion of the resolution elifj
ing benefits or salary cannot be operative because it is an attempt
accomplish indirectly that which the Village Board of Trustees is
less to do directly.
On August 5th, 1977 the response to an inquiry in the Village
Larchmont, the Attorney General's office again issued an opinion the
consistent with its subsequent opinion in 1979.
Attorney General's office stated as follows:

In that opinion, tM

"This office issued at

�//

informal opinion report in 1974 Op Atty Gen 204 in which we stated the
Village Attorney is a Village employee (as distinguished from a Village
Officer and as such does not have the right of tenure under the Civil
Service Law nor any right to a hearing on charges and specifications
before being discharged;

we also gave our opinion that as the

appointment of a Village Attorney under Village Law Section 4-400(1)(c)
is a Mayor's appointment subject only to approval by the Board of-

.
''

' f

Trustees, the Mayor alone has the power to remove the Village -Attorney'
and this power is not subject to consent or approval by the Board of
Trustees,"
In another informal opinion of this office reported in 1974 Op Att
Gen 164, we gave our opinion that employees in the unclassified service
or exempt class of civil service hold their positions at the will of'the
appointing agency and the employment continues until terminated by a
subsequent appointment or by removal and also that the fact that the
resolution order making an appointment of an employee specifies a termin
tion date- of employment is irrelevant to the question of continuation of
employment beyond the specified termination.date. •
In our opinion, if your Village Attorney has not been resigned or
been removed by the Mayor, or has not been succeeded by a new appointee
to that position, the Village Attorney continues in that employment and
is entitled to pay for that position;

however, if the Mayor voted,

affirmatively on a motion to declare the position of Village Attorney to
be vacant that would be tantamount to removal of the Village Attorney by

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the Mayor.

Hi - 8 1983

The position is then vacant and the Attorney is not ent

to receive any salary for the period subsequent to the resolution.1
In earlier opinions, the Attorney General's office again spoke
this issue.

On August 6thf 1974 the Attorney General's office rendj

the following opinion:

"The appointment of a Village Attorney is a

Mayor's appointment subject to approval by the Board of Trustees bui

Village Mayor alone has the power to remove the Village Attorney "anj
power is not subject to consent or approval by the Board of Trusteei
With respect to the Village of North Tarrytown, the Village At
is an employee?

he is appointed by the Mayor subject to the appro\

the Board of Trustees;

his term runs from the date of his original

appointment and approval of the Board of Trustees;

he can be remoV

only if his position is declared vacant by the Mayor;, or any of th
other conditions previously stated in the opinions of the Attorney
General. Therefore, your present attorney remains as Village Attorn
need not be reappointed.

I

It is worth noting that the Village Attorney, as an employee,\

covered as an exempt class of civil servant pursuant to the Civil Sf
Law of the State of New York.

In that regard he is entitled as an

employee to the protections provided by Section 80 of the Civil Sen

Law and the additional protections provided by Sections 85 and 86 oi
i*

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Civil Service Law providing fo£ a preference for honorably discharged•
veterans.

Your attorney in the Village of North Tarrytown is therefore

covered as an exempt employee under the Civil Service Law of the State o
New York and, as an honorably discharged veteran within the meaning of
the Civil Service Law of the State of New York, is entitled to those
preferences available to all civil servants.
If an attempt should be made either to abolish or otherwise "remove
the position of Village Attorney from the Village of North Tarrytown,*it
may be construed as a violation of the Constitution of the State of New .
York Article 5 Section 6 as a subterfuge to avoid the Civil Service Law
of the State of New York.
citations available.

There are cases in point on this regard "with

They will be provided upon request•

The Westchester County Department of Personnel, pursuant to their
responsibilities under the Civil Service Law of the State of New York
have provided a job description for the position of Village Attorney, a
copy of which is attached to this Memo.

Included in that job descriptio

-

is a general statement of a duties, the distinguishing features of a
class, the examples of work, the required knowledge, skills, abilities
and attributes, and more particularly the desired minimum acceptable
II :§

training and experience.
The following is a brief resume of the educational and work experience of your present Village Attorney as evidence of his compliance with
the requirements for the position of Village Attorney as propounded by
the Vfestchester County Department of Personnel:

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Robert J. Ponzini

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14 North Broadway

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Tarrytown, New York 10591

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Education:

Fordham University
BA Degree, Major Economics

-

Attended on scholarship

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Military Background;

Lieutenant, United States Navy
,

.

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Office of the Judge Advocate General Corpd

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.
Legal Training;

St. John's University School of Law

. - "

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Juris Doctor Degree
Attended on two (2) scholarships

Work Experiences.

1974
Real Estate Construction Council
The Chemical Bank
New York City

1975-1977
Assistant District Attorney
Bronx County
In charge of the Arson Task Force

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1977-1980
Associate - General Practice of Law
Macri &amp; Breslin P.C.
1 North Broadway
White Plains, New York

1980-1983
Partner - General Practice of Law
Walsh Maroney and Ponzini
14 North Broadway
Tarrytown, New York

Municipal Experience:

Village Attorney
Village of North Tarrytown

1977 to date

Village Prosecutor

1977-1979

Village Attorney

Related Experience:

Village of Hastings-on-Hudson •

1982 to date

Village Prosecutor

1982 to date

Faculty Member
Marymount College
Lecturer - Business Law

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Mercy College

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Lecturer - Criminal Justice

Charter Member
Pace University School of Law Advisory Boai

Member

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Pace Law School Municipal Law Center
Steering Committee

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Guest Author
Pace Law School Municipal Lawyer

Active Member

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Westchester County Village Officials Associ
Guest Lecturer

Arbitrator
American Arbitration Association

Arbitrator
9th Judicial District The Supreme Court of
State of New York

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Chairman

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Lawyer in Classroom Committee
Westchester County Bar Association

Past President
Tarrytown Bar Association
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Admitted to practice for the Supreme Court "of1"

-

the State of New York, Federal Courts for the .
Eastern and Southern Districts, Supreme Court o
the United States, the Court of International
Trade.

,_

Active Litigator who has prosecuted and defende
all forms of civil claims in the county, state
and federal courts of the United States from
inception through trial, including appeals; ha
handled numerous real property tax defenses;
has drafted numerous Village local laws;

has

rendered legal opinions to Mayors and Board of
Trustees on numerous occasions;

has served as

chief legal officer for all Village Board
Meetings, including Zoning Board, Planning .
Board, Boards of Assessment Review, etc.;
actively involved in all forms of municipal lai
for the past six (6) years.

—.,•*&gt;».«»«» *«'

�\i

VILLAGE ATTORNEY
GENERAL STATEMENT OF DUTIES: Renders lej
tne i-.ayor ana bonra of Trustees, the Village Manager or
the Village Administrator; represents the Village in
civil litigation; does related work as required.
DISTINGUISHING FEATURES OF THE CLASS: The work o this
class is of a highly professional
calling Attorney
lor the
exercise of indepedncnt judgment. level
The Village
is responsible for answering many problems arising in the
civil lav/ affecting the operation of Village business and
organization.

/^

V&lt;!\.

EXAMPLES OF WORK: (illustrative only)
•Investigates the law and renders opinion to the Mayor ir.d
Board of 'i'ructoos, .and Viiinge Manager or Villagt
Administrator, and other departmental authorities;
Prepares pleaJings, appeals, resolutions, notices, contracts,
and other legal papers and documents;
Examine:; legal papers served on or filed with Village
departments and otTicals;
Attends meetings of the Board of T r u s tees, and advises the
Board on le^al problems;
Apoears in court to represent the Village whenever it is
necessary to do so;
Collects back taxes by correspondence, in person and, when
necessary, by legal action;
Answers correspindence and makes necessary reports.
.REQUIRED KNOWLEDGES, •SKILLS, ABILITIES AND ATTRIBUTES: Good'
knowjoii/e of th-j Lav/ as it pert-tins, to viJIages in the State
of New York; ability to. express oneself clearly both orally
and in writin-r; ability to clearly express agruments of the
law; ability to organize material; good address; ability to
get along well with others; honesty; courtesy; tact; ethical
conduct in the practice of the law.
DESIRED MINIMUM ACCEPTABLE TRAINING AND EXPERIENCE: Graduation
from a recognized law school and triree O ) years of experience
in the practice of the law, preferably civil law.
SPECIAL REQUIREMENT: Possession of a license to practice law
in the"State of Mew York at time of
appointment.
;
Revised:
Villages
LAG:lg
(0032)

, h

9/16/77

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