Since New Castle Town Supervisor Ivy Pool announced her intention to resign from her position effective June 15th, the Town Board asked Counsel to provide a summary of the options for how the Board can fill the vacancy. The following is a summary of the available options, including a link to a more detailed analysis.
Town Board’s Options for Filling the Prospective Vacancy In the Office of Town Supervisor
There are essentially two options available to the Town Board for addressing the prospective vacancy in the Office of Town Supervisor.
First, the Town Board can decide to take no action and leave the position vacant. In that case, the Deputy Town Supervisor would perform the duties of the Town Supervisor.
Although the Deputy Supervisor would perform all the duties of the supervisor during the vacancy, he would not formally serve in the Office of Town Supervisor. Instead, the Deputy Supervisor would retain his position as Council Member.
The vacancy in the Office of Supervisor would be filled at the upcoming general election on November 2, 2021. Upon taking the oath of office, the Supervisor-elect would immediately begin serving in the Office of Town Supervisor. The Deputy Supervisor would complete his term as Council Member.
Second, the Town Board can appoint either a qualified resident or a member of the Town Board to serve as Town Supervisor through December 31, 2021.
Under this option, the appointee serves through December 31, 2021. Upon taking the oath of office, the Supervisor-elect would thereafter begin serving in the Office of Town Supervisor.
If the Town Board appointed a current Council Member to the position of Town Supervisor, their seat as Council Member would become vacant. Once again, the Town Board would have the options of either appointing an individual to fill that vacancy or allowing the seat to remain vacant.
If the Town Board filled the vacancy, the appointee would serve until December 31, 2021. The office would be filled at the upcoming general election on November 2, 2021, provided that the vacancy occurred before August 2, 2021.
For more detailed information, please see the following memo from Town Counsel.