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Town of Parishville resolution calling for repeal of the NY SAFE act

Posted on May 28, 2013 by | Leave a comment

Town of Parishville
County of St. Lawrence
Resolution 04-2013
Calling for the Repeal of the Erroneously Named NY SAFE Act

WHEREAS the members of the Town Council of the Town of Parishville, New York have been elected by the approximately 2,150 residents of the Town of Parishville as their representatives; and

WHEREAS said members have taken an oath; indeed the very same oath as the members of the Senate and Assembly, as well as the Governor, of the New York State; to uphold the constitution of the State of New York and the Constitution of the united States of America; and

WHEREAS said constitutions contain clauses protecting the individual, inalienable, God-given right of the citizens of the United States of America and the citizens of the State of New York to keep and bear arms without infringement; and

WHEREAS on January 15, 2013 the Legislature of the State of New York passed the erroneously name NY SAFE Act which contains multiple violations of said rights; and

WHEREAS this passage occurred within a period of less than twenty-four hours of introduction to the legislature, thereby not allowing the mandatory three day review period; and

WHEREAS this avoidance of the mandatory review period was accomplished by the Governor’s declaration of a Message of Necessity; and

WHEREAS the reasons listed by the Governor in his request for said Message of Necessity are wholly inadequate, completely inaccurate, and without justification; and

WHEREAS the aforementioned infringements upon the rights of the citizens of New York State will have no effect in reducing crimes committed with firearms; and

WHEREAS the sacrifice of freedoms for the illusions of security secures neither;
NOW, THEREFORE, BE IT RESOLVED, that the Town of Parishville of the County of St. Lawrence of the State of New York hereby condemns the manner in which the aforementioned legislation was passed and finds the actions of the Governor deplorable and unbecoming of an elected official and representative of the people of New York State; and be it further

RESOLVED, that the Town of Parishville demands a public apology by the Governor for his abuse of the legislative process of the State of New York; and be it further

RESOLVED, that the Town of Parishville demands the complete and total repeal of the NY SAFE Act of 2013 in its entirety by State Assembly and State Senate member; and be it further

RESOLVED, that the Town of Parishville demands the State Assembly and State Senate, in the very near future, consider legislation which repeals various laws currently in place that infringe upon the rights of the citizens of the State of New York to keep and bear arms, including, but not limited to, the following:

Firearm magazine capacity limitations;
Requirements for permits to carry a firearm concealed;
Limitations on the aesthetic appearance of certain firearms, erroneously referred to as “assault weapons;”
Restrictions on locations where firearms can be carried, both openly and concealed, including State Forests and Parks; and
Restrictions on other arms constitutionally protected under the second amendment including knives, pepper spray, swords, air/spring rifles, etc.; and be it further

RESOLVED, that the Town of Parishville finds these aforementioned and any other infringements upon the right of the citizens to keep and bear arms unconstitutional and illegal; and be it further

RESOLVED, that the Town of Parishville hereby urges nearby towns to enact similar resolutions urging the State Legislature to action; and be it further

RESOLVED, that certified copies of this resolution be delivered to the following individuals: President Barack Hussein Obama; Governor Andrew Cuomo; New York State Senator Elizabeth Little, New York State Assemblyman Marc W. Butler, New York State Congressman Bill Owens, St. Lawrence County Legislator Scott Sutherland.

Connie Maguire
Parishville Town Clerk

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Town of Louisville resolution opposing the NY SAFE act

Posted on May 22, 2013 by | Leave a comment

WHEREAS, the Bill of Rights of the Constitution of the United States, specifically the Second Amendment to the Constitution, guarantees the right of the people to keep and bear arms and states further that that right “shall not be infringed”, and

WHEREAS, all individuals, elected or appointed to an office of honor or profit in the civil or uniform services, take an oath to support and defend the Constitution of the United States, and

WHEREAS, the Supreme Court of the United States, in the case District of Columbia v. Heller (554 U.S. 570), decided June 26, 2008, held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home, and

WHEREAS, in another landmark decision the same Supreme Court, in the case McDonald v. Chicago, decided June 28, 2010, held that the right of an individual to “keep and bear arms” is protected by the Second Amendment and further, “is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states”, and

WHEREAS, many of the residents of St. Lawrence County have expressed their displeasure not only with the provisions of the NY SAFE Act itself, but also the manner and method used to bring it to the floor and vote it into law, and

WHEREAS, using a message of necessity to bring forth and enact a law that has dozens of sections and changes in current laws, but only three of which take effect immediately, negates the argument that the speed with which this bill was brought forward was necessary, and

WHEREAS, the sheer size of the bill, the extent of the many new changes it brings and the very short time that the bill was made available to the New York State Senate and Assembly for review, effectively precluded discussion and debate on the provisions set forth in the bill, preventing the mature development of arguments, both for and against, and

WHEREAS, in an attempt to bring forth meaningful solutions for dealing with or preventing gun violence, this legislation and the majority of its provisions affect law abiding gun owners in negative and unnecessary ways and they were not given the opportunity to express their views or otherwise comment on the bill, and

WHEREAS, while there are provisions of the bill that have merit, for example; increased penalty for killing emergency responders, NICS checks for private sales of firearms, safe storage provisions, mental health record review, and increased penalties for the illegal use of a weapon; other provisions of the law, which run roughshod over second amendment rights, must be reconsidered and a new law should be introduced in a transparent manner, and it must be given the time necessary to review its provisions, engage in meaningful and constructive debate and allow public review, comment and input relative to the content of the bill, and

WHEREAS, the New York SAFE Act, as passed, will require County Clerks to carry out several provisions of the law but fails to address the responsibility for funding those additional duties, thus inflicting another unfunded mandate on already cash strapped counties,

NOW, THEREFORE, BE IT RESOLVED that the Board of Legislators joins with the twenty-seven other county boards in opposing those portions of the NY SAFE Act which infringe upon the rights of lawful gun owners and does little to address the underlying issues that confront our society as a whole, and

BE IT FURTHER RESOLVED that the Board of Legislators strongly encourages the members of the New York State Legislature to bring forth a bill that addresses the real problems confronted by today’s society and not jeopardize the rights of law abiding citizens, and allow time for public comment, and

BE IT FURTHER RESOLVED that copies of this resolution be sent to Governor Andrew Cuomo, Senator Patty Ritchie, Senator Joseph Griffo, Senator Elizabeth O’C Little, Assemblyman Kenneth Blankenbush, Assemblywoman Addie Russell, Assemblyman Marc Butler, and Assemblywoman Janet Duprey.

Louisville page 1

Louisville page 2

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Town of Stockholm resolution opposing the NY SAFE act

Posted on May 14, 2013 by | Leave a comment

The Stockholm Town Board held their monthly meeting on May 14, 2013. At that meeting the following Resolution was brought to the board by Supervisor Decker. Upon a motion by Councilman Matthew White, seconded by Councilwoman Nancy Lynch and unanimously approved by a roll call vote the following became Resolution 09-2013.

RESOLUTION 09-2013
OPPOSING A NUMBER OF PROVISIONS ENACTED UNDER THE
NEW YORK SAFE ACT AND THE MANNER IN WHICH IT WAS ENACTED

WHEREAS, the Bill of Rights of the Constitution of the United States, specifically the Second Amendment to the Constitution, guarantees the right of the people to keep and bear arms and states further that the right “shall not be infringed,” and;

WHEREAS, many residents of the Town of Stockholm have expressed their displeasure not only with the provisions of the NY SAFE Act itself, but also the insufficient amount of time the very lengthy bill was available for review;

WHEREAS, while there are provisions of the bill that have merit, other sections of the law should be reconsidered;

NOW, THEREFORE, BE IT RESOLVED, that the Town of Stockholm joins with the many county and town boards in opposing those portions of the NY SAFE Act which infringes upon the rights of lawful gun owners and does little to address the underlying issues that confront our society;

BE IT FURTHER RESOLVED, that the Town of Stockholm strongly encourages the members of the New York State Legislature to bring forth a bill that address the real problems confronted by today’s society and not jeopardize the rights of law-abiding citizens, and;

BE IT FURTHER RESOLVED, that copies of this Resolution will be sent to all our New York State Representatives.

This is to certify that I, Mary Jo Thompson, Town Clerk of the Town of Stockholm in the said County of St. Lawrence compared the foregoing copy of Resolution 09-2013 with the original now on file in this office, and that the same is a correct and true transcript of such original and the whole thereof.

In Witness Whereof, I have hereunto set my hand and affixed the seal of said Town this 15th day of May 2013.

_______________________________________
Mary Jo Thompson, Town Clerk
Town of Stockholm

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Town of Alexander resolution calling for repeal of the NY SAFE act

Posted on May 13, 2013 by | 1 comment

RES. NO. 36: RESOLUTION TO OPPOSE THE PROCESS OF THE ENACTMENT AND CERTAIN PROVISIONS CONTAINED WITHIN THE NEW YORK SECURE AMMUNITION & FIREARMS ENFORCEMENT ACT (NY SAFE ACT)

On motion by Councilperson Schmieder, seconded by Supervisor Higley, the following:

WHEREAS, the right of the people to keep and bear arms is guaranteed as an individual right under the Second Amendment to the United States Constitution; and

WHEREAS, the right of the people to keep and bear arms for defense of life, liberty and property is regarded as an inalienable right by the people of the Town of Alexander and State of New York; and

WHEREAS, the lawful ownership of firearms is and has been, a valued tradition in the Town of Alexander and the State of New York and the rights protected by the Second Amendment to the United States Constitution are exercised by many of our residents; and

WHEREAS, the people of the Town of Alexander and State of New York derive economic and environmental benefits from all safe forms of recreation involving firearms, including but not limited to, hunting and target shooting while utilizing all types of firearms available under the Constitution of the United Sates; and

WHEREAS, members of the Town of Alexander Town Board, being elected to represent the people of the Town of Alexander, are duly sworn by their oath of office to uphold the Constitution of the United States; and

WHEREAS, members of the New York State Assembly and the New York State Senate, being elected by the people of New York State, are duly sworn by their oath of office to uphold the Constitution of the United States; and

WHEREAS, the enactment of the NY SAFE Act (Chapter 1 of the Laws of 2013) has engendered significant controversy over both the process by which it was enacted and certain provisions contained within it; and

WHEREAS, it is our understanding that many State Legislators had less than an hour to read the legislation which contained approximately twenty-five thousand words, before being forced to vote on it; and

WHEREAS, having reviewed the legislation and time constraints, it is our conclusion that there is no possible way any individual could have read the entire bill and understood its full implications prior to voting on it; and

WHEREAS, our State Legislators most certainly could not have had the time to request and receive the input of their constituents regarding this matter; and

WHEREAS, seeking and considering such public input is a standard to which we hold ourselves to on the Town of Alexander Town Board; and

WHEREAS, this legislation has 60 sections of which only three take effect immediately; and

WHEREAS, in our opinion, there was no reason for the Governor to use a message of necessity to bring this bill to vote immediately and bypass the three day maturing process for all legislation; and

WHEREAS, the mishandling of the process in crafting the NY SAFE Act resulted in complex policy changes, many of which have been left up to interpretation and are confusing even to the State Legislators who voted on them and the law enforcement officials who are required to enforce and explain them; and

WHEREAS, requiring law-abiding gun owners to verify ownership of certain types of firearms every five years, in addition to registering them on their permits, which now also must be renewed every five years does not increase the safety of the public and is unnecessarily burdensome to the residents of New York State; and

WHEREAS, there will be a significant financial impact due to the permits that will have to be renewed requiring additional manpower and computer systems; and

WHEREAS, this legislation prohibits the sale of firearm magazines with a capacity larger than seven rounds; and

WHEREAS, those firearm magazines with a capacity larger than seven rounds which are authorized to be retained by existing owners, may only be loaded with seven rounds and eventually must be permanently altered to only accept seven rounds or be disposed of, thus constituting a seizure of legally owned personal property with no provision for compensation; and

WHEREAS, few or no low capacity (seven rounds or less) magazines currently exist for many of the firearms commonly possessed by law-abiding residents of New York State; and

WHEREAS, limiting the number of rounds to seven versus ten is arbitrary and capricious, has no correlation to public safety, unfairly burdens law abiding gun owners and puts an undue burden on gun manufacturers to retool their manufacturing plants; and

WHEREAS, the only persons who will comply with the new high-capacity magazine ban are law abiding citizens, leaving the same high capacity magazines in the hands of those who choose not to obey the law; and

WHEREAS, requiring documentation of all ammunition sales in New York State as provided for in this legislation, is a significant unfunded mandate in business; and

WHEREAS, the New York State Combined Ballistic Identification System which wasted $44 million in taxpayer money and resulted in zero convictions, illustrates the propensity of government to waste taxpayer resources when legislation is not properly reviewed; and

WHEREAS, Governor Cuomo has proposed spending $36 million dollars in his 2013-2014 Executive Budget for the implementation of the NY SAFE Act at a time when New York State residents are crying out for tax relief; and

WHEREAS, this legislation severely impacts the possession and use of firearms now employed for safe forms of recreation including but not limited to, hunting and target shooting; and

WHEREAS, while there are some areas of the legislation that the Town of Alexander Town Board finds encouraging such as addressing glaring shortcomings in the mental health system, as well as privacy protections for certain pistol permit holders, by –and –large, we find the legislation does little more than negatively impact lawful gun ownership; and

WHEREAS, this legislation fails to offer any meaningful solutions to gun violence and places increased burdens where they do not belong, squarely on the backs of laws-abiding citizens; and

WHEREAS, this legislation effectively turns countless New York State law-abiding gun owners into criminals; and

WHEREAS, the manner in which this legislation was brought forward for vote in the State Legislature is deeply disturbing to the Town of Alexander Town Board.

NOW, THEREFORE BE IT
RESOLVED, that the Town Board of the Town of Alexander does hereby oppose and request the repeal of any legislation including the sections within the NY SAFE Act (Chapter 1 of the Laws of 2013) which infringe upon the right of the people to keep and bear arms; and be it

FURTHER RESOLVED, that the Town of Alexander Town Board considers such laws to be unnecessary and beyond lawful legislative authority granted to our State representatives; and be it

FURTHER RESOLVED, that the Town of Alexander Town Board strongly encourages members of the New York State Legislature to hold public hearings to address the issue of gun violence in a way that will produce meaningful results; and be it

FURTHER RESOLVED, that the Town of Alexander Town Board requests the members of the New York State Senate and Assembly who represent all or part of Genesee County to reply in writing with their views on and actions taken in support of or in opposition to the NY SAFE Act; and be it

FURTHER RESOLVED, that the Town Clerk is hereby directed to send a certified copy of this Resolution to President Barack Obama, Vice President Joseph Biden, Governor Andrew Cuomo, Senator Charles Schumer, Senator Kirsten Gillibrand, Congressman Chris Collins, New York State Senator Michael Ranzenhofer, and New York State Assemblyman Steve Hawley.

Ayes: ___5___ Higley, Haller, Miller, Schmieder, Hirsch

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Town of Gorham resolution opposing the NY SAFE act

Posted on May 8, 2013 by | Leave a comment

Resolution regarding the NY Safe Act. Barb and Don Christmas provided a draft resolution opposing the enactment of any legislation that would infringe upon the rights of the people to keep and bear arms, calling for the NY Safe Act to be repealed, for the Board’s consideration. Boardmembers briefly discussed the document. Supervisor Lightfoote stated that we could not act on this tonight, we need more time to review it as well as the NY Safe Act, the NY Constitution and the US Constitution.

Mrs. Christmas stated that there might be a deadline for such resolutions, a time limit when the Safe Act could be appealed. The document should be sent to State representatives etc.

Mr. and Mrs. Christmas thanked the Board for considering their request.

On the motion by Councilmember Glitch, seconded by Councilmember Negley, a motion was made to adopt the resolution calling for the NY Safe Act to be repealed. There was no emergency therefore should never have been enacted, there was no imminent threat or danger to the State, the three day review period should have been implemented. Roll call vote was taken: Councilmembers Glitch, Negley, Adam-Anderson and Case and Supervisor Lightfoote all voting YES.

Motion carried. (5-0). 055-2013

Resolution in Support of the Second Amendment

Whereas, the Gorham Town Board, being elected to represent the people of Gorham and being duly sworn by their Oath of office to uphold the United States Constitution and the Constitution of the State of New York, and;

Whereas, the New York State Assembly and New York State Senate, being elected By the People of the State of New York, and being duly sworn by their Oath of Office to uphold the United States Constitution and the Constitution of the State of New York, and;
Whereas, the right of the People to keep and bear arms is guaranteed as an individual right under the Second Amendment to the United States Constitution and under the Constitution of the State of New York; and

Whereas, the right of the People to keep and bear arms for the defense of life, liberty, and property is regarded as an inalienable right by the People of the Town of Gorham, Ontario County, New York; and

Whereas, on January 15,2013 the Legislature of the State of New York passed named NY SAFE Act which contains multiple violations of said rights; and

Whereas, this passage occurred within a period of less than twenty-four hours of introduction to the legislature, thereby not allowing the mandatory three day review period; and

Whereas, each and every bill that comes before the New York State Legislature before and enactment deserves a fair and open discussion that supports the people’s right to know and access to information which incorporates all points of view in order to ensure that all citizens are heard and that the Legislation has its intended purpose, and in this case benefits the people of the State of New York in reducing gun violence; and

Whereas, the NY SAFE Act bans the possession and use of firearms now employed by individual citizens of the Town of Gorham for the defense of Life, Liberty, Property and would ban possession and use of firearms now employed for safe forms of firearms recreation, hunting and shooting conducted within the Town of Gorham, Ontario County, New York;

Whereas, The Gorham Town Board believes that there are many other less intrusive means available, that would effectively reduce, control, and manage violence in our society, such as, mental health reforms, enforcement of existing firearms laws to the fullest extent possible, and proper psychological counseling for those in need or requesting it; and

Now, therefore, it be and is hereby Resolved that the Gorham Town Board does hereby oppose the enactment of any legislation that would infringe upon the Right of the People to Keep and Bear Arms and consider such laws to be unnecessary and beyond lawful legislative authority granted to our State representatives, as there is no documented correlation between gun control measures and crime reduction.

Be it Resolved that the Town Board of Gorham finds these aforementioned and any other infringements upon the rights of the citizens to keep and bear arms unconstitutional and illegal.

Be it Resolved that the Town Board of Gorham does hereby propose the repeal of the NY SAFE ACT.

Be it further Resolved that copy of the resolution be sent to…..

Motion

Roll call

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Town of Madrid resolution opposing the NY SAFE act

Posted on May 8, 2013 by | Leave a comment

At a regular Madrid Town Board meeting held on May 8, 2013 the Board passed the following resolution:

OPPOSING A NUMBER OF PROVISIONS ENACTED UNDER THE NEW YORK SAFE ACT AND THE MANNER IN WHICH IT WAS ENACTED

WHEREAS, many of the residents of the Town of Madrid have expressed their displeasure not only with the provisions of the NY Safe Act itself, but also the manner and method used to bring it to the floor and vote it into law, and

WHEREAS, using a message of necessity to bring forth and enact a law that has dozens of sections and changes in current laws, but only three of which take effect immediately, negates the argument that the speed with which this bill was brought forward was necessary, and

WHEREAS, the sheer size of the bill, the extent of the many new changes it brings and the very short time that the bill was made available to the New York State Senate and Assembly for review, effectively precluded discussion and debate on the provisions set forth in the bill, preventing the mature development of arguments, both for and against, and

WHEREAS, in an attempt to bring forth meaningful solutions for dealing with or preventing gun violence, this legislation and the majority of its provisions affect law abiding gun owners in negative and unnecessary ways, and they were not given the opportunity to express their views or otherwise comment on the bill, and

WHEREAS, while there are provisions of the bill that have merit, for example; increased penalty for killing emergency responders, NICS checks for private sales of firearms, safe storage provisions, mental health record review, and increased penalties for the illegal use of a weapon; other provisions of the law, which run roughshod over second amendment rights, must be reconsidered and a new law should be introduced in a transparent manner, and it must be given the time necessary to review its provisions, engage in meaningful and constructive debate and allow public review, comment and input relative to the content of the bill, and

WHEREAS, the New York SAFE Act, as passed, will require County Clerks to carry out several provisions of the law but fails to address the responsibility for funding those additional duties, thus inflicting another unfunded mandate on already cash strapped counties,

NOW, THEREFORE, BE IT RESOLVED that the Madrid Town Board strongly encourages the members of the New York State Legislature to bring forth a bill that addresses the real problems confronted by today’s society and not jeopardize the rights of law abiding citizens, and allow time for public comment, and

BE IT FURTHER RESOLVED that copies of this resolution be sent to Governor Andrew Cuomo, Senator Patty Ritchie, Senator Joseph Griffo, Senator Elizabeth O’C Little, Assemblyman Kenneth Blankenbush, Assemblywoman Addie Russell, Assemblyman Marc Butler, Assemblywoman Janet Duprey, and the Board of each County of the State of New York.

I, Judy Hargrave, Clerk of the Town of Madrid Town Board, do hereby certify, that I have compared this resolution entitled “Opposing a Number of Provisions Enacted under the New York SAFE Act and the Manner in Which it was Enacted”, adopted May 8, 2013, with the original record in this office and the same is a correct transcript thereof and of the whole of said original record.

_________________________
Judy Hargrave, Town Clerk
Town of Madrid
May 10, 2013

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Town of Clermont resolution calling for repeal of the SAFE act

Posted on May 6, 2013 by | 1 comment

RESOLUTION OPPOSING THE PROCESS OF ENACTMENT OF AND CERTAIN PROVISIONS CONTAINED WITHIN THE NEW YORK SAFE ACT

WHEREAS, The Town Board of Clermont has long advocated for protection of the rights afforded to citizens under the Constitution, which has for generations guided our Nation and served as a framework to our democracy and society; and

WHEREAS, The Second Amendment of the United States provides for the “right of the people to keep and bear arms” and further states that this right “shall not be infringed”, and that this right has been a bedrock of our nation for over two centuries; and

WHEREAS, The New York State Legislature has recently adopted legislation, the NY Safe Act, proposed by Governor Cuomo to curtail these rights through the enactment of various anti-gun measures that will significantly impact legal gun owners and various businesses and suppliers of guns and related supplies and equipment; and

WHEREAS, This legislation was approved with scant public notice, very little public debate or review by State Lawmakers, and in the days since the legislation was introduced and enacted, concerns have arisen regarding various matters of law and potential defects in the legislation; and

WHEREAS, the Clermont Town Board believes that portions of the Act are necessary and will in fact increase the safety of the citizens. However, other provisions of the Act appear to be unnecessary, arbitrary, ill-advised and contrary rights guaranteed by the United States Constitution and reaffirmed by the United States Supreme Court and the Courts of the State of New York; and

WHEREAS, the Clermont Town Board believes that an issue of this seriousness and effect should have been granted a respectful and appropriate period of debate, review and consideration; and

WHEREAS, As New York State already has some of the toughest gun legislation in the Country, including the Sullivan Act, and concerns have been voiced that this legislation will not improve public safety in the state, including concerns by Legislators who initially supported the legislation; and

WHEREAS, Additionally, Federal Lawmakers and the President are also considering legislation or executive orders that would further infringe on the Second Amendment; and

WHEREAS, This legislation will unfairly affect the rights of the many law-abiding gun owners in the Town of Clermont and New York State who are granted the right to keep and bear arms under the Constitution; and

WHEREAS, This legislation also does not adequately address the many acts of violence committed by criminals who are likely to ignore this legislation, and does not address the concerns of many residents, particularly those in rural communities, to possess firearms for the purpose of home or self defense, in accordance with the provisions of the Second Amendment; and

WHEREAS, this Legislation imposes a number of unfunded mandates on County government and taxpayers; and

WHEREAS, as written, the Act increases the stigma on the mentally ill; and

WHEREAS, 52 Counties, over 180 towns, and numerous law enforcement and other organizations have enacted resolutions opposing both the process of enactment of the Act as well as certain provisions contained therein; and

WHEREAS, The Clermont Town Board does hereby affirm support for the Second Amendment of the U.S. Constitution and the rights afforded to residents under the Constitution, and opposes attempts to infringe on those rights; now, therefore, be it

RESOLVED, That the Clermont Town Board affirms support for the Second Amendment, and states opposition to the legislation NY Safe Act adopted by the State Legislature restricting the rights of gun owners, and opposes attempts on the Federal level to implement new restrictions on these rights; and, be it further

RESOLVED, That this Legislative Body further requests that the NY Safe Act be repealed during the current state legislative session; and, be it further

RESOLVED, That the Clerk of this Legislative Body is hereby directed to transmit certified copies of this resolution to U.S. Senator Charles Schumer, U.S. Senator Kirsten Gillibrand, U.S. Representative Chris Gibson, Governor Andrew Cuomo, State Senator Kathy Marchione, and Assemblywoman Didi Barrett.

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Town of Clermont resolution opposing frivolous use of messages of necessity

Posted on May 6, 2013 by | 2 comments

RESOLUTION OPPOSING FRIVOLOUS USE OF MESSAGES OF NECESSITY AND CALLING FOR DUE PROCESS IN NEW YORK LEGISLATIVE PROCESS FOR THE PROTECTION OF CIVIL LIBERTIES AND RIGHTS

WHEREAS, the Town Board of Clermont has long advocated for due process and careful and deliberate consideration of all legislative acts, in particular those which are controversial or have far reaching consequences; and

WHEREAS, the bedrock of the United States of America and its Constitutional form of government is its formation as a nation of law with due process and deliberation; and

WHEREAS, the New York State Constitution recognizes the need of due process, careful deliberation, and transparency in government by declaring that except in times of emergency, “no bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage”; and

WHEREAS, the New York State Constitutional Conventions of 1915 and 1938 foresaw the danger of indiscriminate use of messages of necessity, the 1915 convention proposing an outright ban on messages of necessity, and the 1938 convention amending the constitution to require the Governor to certify the facts of the emergency and noting: “it is the hope of the members of the committee that if the Governor is required to certify facts which in his opinion constitute an emergency, it will not fall into a pro forma signing of a printed message…”; and

WHEREAS, the use of messages of necessity has sadly indeed become a pro forma convention used to cut short debate and pass controversial legislation in direct contravention to the spirit of the New York State Constitution; and

WHEREAS, messages of necessity have been used over 1,200 times since 1995, including 29 times by Governor Cuomo in 2011, 23 times by governor Spitzer in 2007, and 34 times by Governor Pataki in 2005; and

WHEREAS, messages of necessity have been used to pass controversial legislation such as the Redistricting Statute, the Tier VI Pensions, DNA Database, Teacher Evaluations, and Same Sex Marriage; and

WHEREAS, the Teacher Evaluation act has become a burden and unfunded mandate on local schools, and it seems to many that the end result will be more paperwork and less time for teaching; and

WHEREAS, the Same Sex Marriage act has been recognized to infringe on religious liberties and individual’s consciences, and causes a reduction in needed services when religious organizations are forced by law to stop providing a service or violate their conscience.

RESOLVED, The Town Board of Clermont, declares that messages of necessity are in the majority of cases not used in times of true emergency, and are therefore used frivolously and in contravention to the spirit of the New York State Constitution; and

RESOLVED, That this legislative body calls upon Governor Cuomo and his successors to only issue messages of necessity in times of true emergency; and calls upon the New York State Senate and Assembly to reject messages of necessity unless there is truly an emergency, and in such cases place a brief sunset provision on the bill in question so that a full debate can be held when the emergency is past; and

RESOLVED, That the Clerk of this Legislative Body is hereby directed to transmit certified copies of this resolution to U.S. Senator Charles Schumer, U.S. Senator Kirsten Gillibrand, U.S. Representative Chris Gibson, Governor Andrew Cuomo, State Senator Kathy Marchione, and Assemblywoman Didi Barrett.

 

 

 

REFERENCE INFORMATION ON STATISTICS IN RESOLUTION

1915 convention proposed an outright ban on messages of necessity

“Amendments to the State Constitution presented by the New York State federation of labor”, bullet 18, http://archive.org/stream/cu31924009908611#page/n321/mode/2up

“Address to the People of the State of New York”, Doc. No. 54, page 6, http://archive.org/stream/cu31924009908611#page/n737/mode/2up/search/emergency

1938 convention amended the constitution to require the Governor to certify the facts of the emergency

New York State Constitution, Article III §14, http://www.dos.ny.gov/info/constitution.htm

Maybee v. State of N.Y., 828 NE 2d 975 (N.Y. Ct. of Appeals 2005) citing 2 Revised Rec, 1938 NY Constitutional Convention, at 1435

Messages of necessity have been used over 1,200 times since 1995, including 29 times by Governor Cuomo in 2011, 23 times by governor Spitzer in 2007, and 34 times by Governor Pataki in 2005

http://effectiveny.org/fast-fact/message-necessity-immediate-vote/click-see-all-uses-1995

http://effectiveny.org/fast-fact/message-necessity-immediate-vote/cuomo-has-used-message-necessity-29-times-2011-spitzer-us

Messages of necessity have been used to pass controversial legislation such as the Redistricting Statute, the Tier VI Pensions, DNA Database, Teacher Evaluations, and Same Sex Marriage

http://effectiveny.org/issue/Message-of-Necessity-for-Immediate-Vote

 

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Town of Pierrepont resolution calling for repeal of the NY SAFE act

Posted on April 30, 2013 by | Leave a comment

Pierrepont page 1

Pierrepont page 2

Passed unanimously.

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Orangeville calls for SAFE Act repeal

Posted on April 30, 2013 by | Leave a comment

Following the Wyoming County Board of Supervisors’ lead, the Orangeville Town Board passed a resolution calling for the recently passed NY SAFE Act to be repealed.

“This is in line with what the county has done and what many counties have done,” Orangeville Town Supervisor Gerald Stout said, citing, among other things, the haste with which the act was passed as reason to repeal.

The resolution passed unanimously without discussion from board members or residents in attendance.

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