N.Y. Public Officers Law § 30: Creation of vacancies

§ 30. Creation of vacancies. 1. Every office shall be vacant upon the

happening of one of the following events before the expiration of the

term thereof:

a. The death of the incumbent;

b. His resignation;

c. His removal from office;

d. His ceasing to be an inhabitant of the state, or if he be a local

officer, of the political subdivision, or municipal corporation of which

he is required to be a resident when chosen;

e. His or her conviction of a felony, conviction of a crime involving

a violation of his or her oath of office, or upon entering a guilty plea

in federal court to a felony, or upon entering a guilty plea in federal

court to a crime involving a violation of his or her oath of office,

provided, however, that a non-elected official may apply for

reinstatement to the appointing authority upon reversal or the vacating

of such conviction where the conviction is the sole basis for the

vacancy. After receipt of such application, the appointing authority

shall afford such applicant a hearing to determine whether reinstatement

is warranted. The record of the hearing shall include the final judgment

of the court which reversed or vacated such conviction and may also

include the entire employment history of the applicant and any other

submissions which may form the basis of the grant or denial of

reinstatement notwithstanding the reversal or vacating of such

conviction. Notwithstanding any law to the contrary, after review of

such record, the appointing authority may, in its discretion, reappoint

such non-elected official to his or her former office, or a similar

office if his or her former office is no longer available. In the event

of such reinstatement, the appointing authority may, in its discretion,

award salary or compensation in full or in part for the period from the

date such office became vacant to the date of reinstatement or any part

thereof;

f. The entry of a judgment or order of a court of competent

jurisdiction declaring him to be incompetent;

g. The judgment of a court, declaring void his election or

appointment, or that his office is forfeited or vacant;

h. His refusal or neglect to file his official oath or undertaking, if

one is required, before or within thirty days after the commencement of

the term of office for which he is chosen, if an elective office, or if

an appointive office, within thirty days after notice of his

appointment, or within thirty days after the commencement of such term;

or to file a renewal undertaking within the time required by law, or if

no time be so specified, within thirty days after notice to him in

pursuance of law, that such renewal undertaking is required. The neglect

or failure of any state or local officer to execute and file his oath of

office and official undertaking within the time limited therefor by law,

shall not create a vacancy in the office if such officer was on active

duty in the armed forces of the United States and absent from the county

of his residence at the time of his election or appointment, and shall

take his oath of office and execute his official undertaking within

thirty days after receipt of notice of his election or appointment, and

provided such oath of office and official undertaking be filed within

ninety days following the date it has been taken and subscribed, any

inconsistent provision of law, general, special, or local to the

contrary, notwithstanding.

2. When a new or an additional office shall be created, such office

shall for the purposes of an appointment or election, be vacant from the

date of its creation, until it shall be filled by election or

appointment.

3. When any member of a board, commission, committee or authority,

holding office by appointment of the governor, fails to attend three

consecutive regular meetings of such board, commission, committee or

authority, unless such absence is for good cause and is excused by the

chairman or other presiding officer thereof, or, in the case of such

chairman or other presiding officer, by the governor, the office may be

deemed vacant for purposes of the nomination and appointment of a

successor.

4. Neither the provisions of this section, nor of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

creating a vacancy in a local office of a political subdivision or

municipal corporation if the incumbent thereof ceases to be a resident

of such political subdivision or municipal corporation, shall apply in

the case of a person who is a member of the police force of any

political subdivision or municipal corporation of the state and who

while a member of such force resides (a) in the county in which such

political subdivision or municipal corporation is located; or (b) in a

county within the state contiguous to the county in which such political

subdivision or municipal corporation is located; or (c) in a county

within the state contiguous to such political subdivision or municipal

corporation; or (d) in a county within the state contiguous to a county

described in item (c) hereof where the former is less than fifteen miles

from such political subdivision or municipal corporation, measured from

their respective nearest boundary lines; or (e) in a county within the

state contiguous to a county described in item (d) hereof where the

former is less than thirty miles from such political subdivision or

municipal corporation, measured from their respective nearest boundary

lines:

(1) If such person was appointed as a member of such police force

prior to July first, nineteen hundred sixty-one, shall reside in any

such county on such date and shall continue to reside in any such county

after such date, or

(2) If the police force of which he is a member consists of two

hundred or more full-time members or shall have consisted of two hundred

or more full-time members when, as a member of such police force, he

shall have resided in such county and shall continue to reside in any

such county thereafter, or

(3) If the police force of which he is a member consists of less than

two hundred full-time members; provided, however, that the local

legislative body of such political subdivision or municipal corporation

having such police force shall have power to adopt and amend local laws,

ordinances or resolutions of general application requiring members of

such police force, other than those members covered by paragraph one or

paragraph two of this subdivision, to reside in such political

subdivision or municipal corporation, or permitting them to reside in

specified areas of such counties or within specified distances from the

political subdivision or municipal corporation provided such local

legislative body shall determine that a police officer may respond

therefrom promptly and be available to render active service in such

political subdivision or municipal corporation.

4-a. Neither the provisions of this section, nor of any general,

special or local law, charter, code, ordinance, resolution, rule or

regulation, creating a vacancy in a local office of a political

subdivision or municipal corporation if the incumbent thereof ceases to

be a resident of such political subdivision or municipal corporation,

shall apply in the case of a member of the department of sanitation of

any municipality who resides in a county within the state contiguous to

such municipality.

4-b. Except as otherwise provided in subdivision five of this section,

neither the provisions of this section, nor of any general, special or

local law, charter, code, ordinance, resolution, rule or regulation,

creating a vacancy in a local office of a political subdivision or

municipal corporation of the state if the incumbent thereof ceases to be

a resident of such political subdivision or municipal corporation shall

apply to the appointment or continuance in office or position of an

officer or member of a paid fire department in any political subdivision

or municipal corporation of the state, if such person resides in the

county, or one of the counties, in which such political subdivision or

municipal corporation is located.

5. Neither the provisions of this section, nor of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

creating a vacancy in a local office of a political subdivision or

municipal corporation if the incumbent thereof ceases to be a resident

of such political subdivision or municipal corporation, shall apply in

the case of a paid member of the uniformed force of a paid fire

department, who, for purposes of this section shall include persons

employed as fire alarm dispatchers, or in the case of a person employed

in a department of correction in the correction service of the

classified civil service, or in the case of a member of the department

of sanitation of any political subdivision or municipal corporation who

has five or more years of service, or in the case of officers and

inspectors employed in a department of health of a city of over one

million population, or in the case of a member of the department of

sanitation in a city with a population of one million or more who has

two or more years of service to such city who resides (a) in the county

in which said city is located; or (b) in a county within the state

contiguous to the county in which said city is located; or (c) in a

county within the state contiguous to such city; or (d) in a county

within the state which is not more than fifteen miles from said city; or

(e) in a county within the state contiguous to a county described in

item (d) hereof where the former is less than thirty miles from such

political subdivision or municipal corporation, measured from their

respective nearest boundary lines.

5-a. Any person who resides in this state and who is currently

employed as a member of the police force, a paid member of the uniformed

force of a paid fire department, or department of corrections in the

correctional service classification of the classified civil service, of

a city of over one million population, shall be exempt from the

provisions of paragraph (d) of subdivision one and subdivisions four and

five of this section upon compliance with the procedure set forth in

this subdivision. Any person seeking to benefit from the exemption

created by this subdivision shall notify his respective employer in

writing of said intention within thirty days from the effective date of

this subdivision and shall specify his then current residence address.

The exemption created by this subdivision shall be applicable only to

said actual designated residence and not to any residence that any

subject currently employed member may thereafter establish; provided,

however, that any such currently employed member who resides outside

this state shall have one year from the effective date of this

subdivision within which to establish residence as required pursuant to

paragraph (d) of subdivision one, and subdivisions four and five of this

section and comply with the notice requirements of this subdivision.

Said residence shall constitute a lawful residence for all purposes

notwithstanding any provision to the contrary of any general, special or

local law, charter, code, ordinance, resolution, rule or regulation.

6. Neither the provisions of this section, nor of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

creating a vacancy in a local office of a political subdivision or

municipal corporation if the incumbent thereof ceases to be a resident

of such political subdivision or municipal corporation, shall apply in

the case of appointed public officers in the city of Troy, except the

city manager of such city, who reside in the county of Rensselaer.

7. Neither the provisions of this section, nor of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

creating a vacancy in a local office of a political subdivision or

municipal corporation of the state if the incumbent thereof ceases to be

a resident of such political subdivision or municipal corporation, shall

apply in the case of the city court judge in the city of Hudson,

provided that such person resides in the county in which such city is

located.

8. Neither the provisions of this section, nor of any general, special

or local law, charter, code, ordinance, resolution, rule or regulation,

creating a vacancy in a local office of a political subdivision or

municipal corporation of the state if the incumbent thereof ceases to be

a resident of such political subdivision or municipal corporation, shall

apply in the case of a person holding the office of deputy sheriff in

the county of Nassau, provided that such person resides in Nassau county

or any adjoining county within New York state.

9. Neither the provisions of this section, nor any general, special or

local law, charter, code, ordinance, resolution, rule or regulation,

creating a vacancy in a local office of a political subdivision or

municipal corporation of the state if the incumbent thereof ceases to be

a resident of the state or such political subdivision or municipal

corporation, shall apply in the case of a person holding the office of

correction recruit, correction officer, correction corporal, correction

sergeant, correction lieutenant, correction captain, correction colonel,

chief of corrections, assistant warden, or warden employed by a

sheriff's department or local correctional facility of any political

subdivision or municipal corporation in the counties of Rockland and

Orange as of April fourth, two thousand twenty-six, provided such person

resides within forty-five miles of the counties of Rockland and Orange,

measured from the nearest boundary line of such counties.