Procedure For Appointments

50 Scenic Drive * P.O. Box 65
Accord, NY 12404
Procedure for Appointments to Boards and Commissions of the Town of Rochester
Adopted by the Town Board on January 5, 2006
Amended 1/3/08 by Resolution #26-2008
1. Authority
        In accordance with State Law, the Town Board has the authority to appoint members and officers of Boards and Commissions and make other citizen appointments for terms prescribed by applicable law. These Boards, Commissions, and citizen appointments include (but are not limited to) the positions listed in the chart below (SEE PAGE 3 for chart)
2. Appointment Process
        A. Advertisement
            The Town Board shall authorize and direct the Town Clerk to advertise any vacancy or expiring term of any Town board, commission or citizen appointment to solicit applications or letters of intent for such positions at least ten days but not more than 60 days before filling any such vacancy. Such advertisement shall be made in the newspaper of record for at least one day and on the Town Clerk’s bulletin board during the entire notice period and state a date by which applications or letters of intent are due. Such applications and letters shall be directed to the Supervisor.
The Supervisor shall endeavor to announce any vacancy or term expiration at the regularly scheduled Town Board meeting that occurs in the month prior to such expiration or vacancy.
        B. Application
Applications shall be accepted from residents of the Town in the form attached (SEE PAGE 4) or in the form of a letter of intent containing answers to the questions on the attached form. Such applications or letters of intent shall be directed to the Supervisor who shall compile them and distribute copies to the Town Board. The Supervisor or his or her designee shall promptly acknowledge receipt of each application or letter of intent by letter, email or telephone call.
        C. Review Process (amended 1/3/08 by Resolution #26-2008)
The Town Board shall review all applications and letters of intent in executive session.  After such review, the Town Board may select candidates for interviews.  Interviews of selected candidates shall be held at open meeting, unless a candidate requests that his or her interview be conducted in executive session.
If interviews are conducted, the Town Board may again discuss the applications in Executive Session.  The vote to select any candidate shall, however, be taken at a public meeting of the Town Board.  The Town Board may decide not to appoint or reappoint any of the candidates and instead direct the Town Clerk to re-advertise for applications or letters of intent, setting forth a deadline for same.  The Town Board may, in it discretion, retain prior letters for reconsideration at later dates for subsequent vacancies.
D. Notification
The Supervisor shall promptly notify each appointee by letter. Such notification letter shall include a copy of the relevant laws relating to the position, the expiration date of the appointment and indicate any oath or training requirements. This letter shall also indicate the honoraria paid, if any, subject at all times to the budget allocation by the Town Board.
The Supervisor shall also promptly notify other applicants that the position has been filled by the Town Board.
3. Oath of Office
Section 25 of NYS Town Law requires that all officers of the town take the required oath of office before entering the duties of such office. Section 10 of Public Officers Law requires that the taking of such oath be filed with the office of the Town Clerk, who maintains an Oath Book. Such written filing must occur within 30 days of taking office.
Town officers are deemed to be any individuals who occupy a position where the functions and duties of such office directly affect the citizens of the Town and the exercise of the powers of the town in such position. This includes members of the Planning Board, Zoning Board of Appeals, and the Board of Assessment Review, for whom the oath of office is required.
Members of other boards and commissions are encouraged to take and file the oath of office.
4. Ethics Law
All appointees are subject to and shall adhere to the Code of Ethics (Chapter 17 of the Town Code) adopted by the Town Board on 2/15/05 and amended on 4/3/08.
Name of Board or Commission
# of Members
Legal Reference
Environmental Conservation Commission
At the pleasure of Town Board
up to 3 years
3 to 9
*May include 2 youth members aged 16 to 21
Code of Town of Rochester (the “Code”), Section 14-4
Historic Preservation Commission
3 years
7 to 15
Code, Section 22-1
Planning Board
(Training Required)
7 years
Alternate term is 2 years
plus one Alternate
Code, Section 37-1 and
NYS Town Law Section 271.
Alternate appointed under Code, 38-4
Zoning Board of Appeals
(Training Required)
5 years
Alternate term is 2 years
plus one Alternate
Code, Section 140-60
Alternate appointed under Code, 38-4
Board of Assessment Review
(Training Required)
5 years, expiring Sept. 30
3 to 5
NYS Real Property Law, Title 1a, Section 523
Board of Ethics
At the pleasure of the Town Board
5 years
5 (amended 4/3/08)
*May include 1 town employee or elected official
Code, Section 17-7
At the pleasure of the
Town  Supervisor
NYS Arts and Cultural Affairs Law, Section 57.07
**NYS Arts and Cultural Affairs Laws Section 57.07 give the Town Supervisor the power to appoint the Town Historian.
Youth Commission
At the pleasure of the Town Board
3 years
6-12 members
*at least half must be 21 yrs and remaining members may be 14 yrs and older
Town Board Resolution adopted December 7, 2006.