A Hudson taxpayer sent along a tip that someone ought to check into the qualifications for officeholders in the City of Hudson.
Section C2-4 of Hudson’s Charter says that to “be eligible to any City office under this Charter,” a person must be an elector of the City. Or, if the person is not a Hudson voter but wishes to serve in an appointed position, then s/he must meet two requirements:
- The appointee must live “within 15 road miles” of Hudson; and
- “Be a taxpayer on the real property assessment rolls of the City of Hudson.”
This doesn’t appear to be an either/or stipulation; the operative word here is “and.” So the appointee must meet both requirements to hold a City office. (The only listed exception is for the Superintendent of Public Works.)
The next question would be: What positions are considered officers? That information can be found in Section C2-1 of the Charter, which lists the following as City officers:
- Assessor
- Assistant Chiefs of the Fire Department
- Bingo Inspector
- Chief of the Fire Department
- City Clerk
- City Judge
- City Marshal
- City Treasurer
- Commissioner of Aging
- Commissioner of Fire
- Commissioner of Grants
- Commissioner of Police
- Commissioner of Public Works
- Commissioner of Purchases
- Commissioner of Youth
- Director of Youth
- Legal Counsel
- Mayor
- Members of the Board of Plumbers
- Planning Commission of seven members
- Policemen
- President of the Common Council
- Special policemen
- Superintendent of Cemeteries
- Superintendent of Public Works
Obviously, the tipster’s interest in this topic was sparked by the current controversy over the first officer on the list above—Hudson’s appointed Assessor. The City Assessor is again referred to as an “officer” in another part of the Charter, Section C4-4, so there seems little doubt that these requirements apply to that office.
Now, according to State political contribution and County voter records, the current Hudson assessor Garth Slocum lives in Chatham, well within the 15 “road miles” of Hudson. So that's half the requirements fulfilled. So he’s halfway there.
But Slocum’s name does not seem to show up in the Hudson 2010 tentative roll as a local taxpayer. The question, then, is: Does he own some property through a corporate name? And if so, would that qualify?
On the one hand, it seems hard to believe that any Mayor would have been so reckless as to appoint someone who didn’t meet both of those two requirements. For those upset with Slocum about this year’s assessments, this information seems almost too good to be true; so perhaps there is another explanation. Then again, far stranger things have happened in Hudson—such as a Hudson Supervisor also holding the position of Youth Commissioner despite the Charter’s provision against dual office-holding.
If it turns out that an officer of the City such as the Assessor does not meet the City’s property-owning requirement, what happens next? By what process would such an officer be removed? And could any work performed—such as the 2009 and 2010 revaluations of property tax assessments—be tossed out on the basis that they were made by someone not entitled to hold that position?
According to a longtime Hudson political observer, these provisions for non-Hudson voters to be appointed to City offices came about during the (sadly brief) Mayoral service of Bill Allen. They were apparently tailored so that Bill Deily could lead the Hudson Police Department. That recollection would appear to check out, since the Charter indicates this section was amended in 1992—when Allen was Mayor. Before that, evidently you had to be a Hudson voter to serve as an officer.
And then there is the question of all those other officers. Does anyone else—say, one of the City Attorneys who lives in Spencertown—also have a problem regarding these qualifications?
Below are the texts of the Charter referred to above; if you want to take a look at (and search) it yourself, the link is here. If you have any specific information about City officers who may not meet these requirements, or how the Charter operates, feel free to be in touch.
§ C2-4. Eligibility to hold office.
A. No person shall be eligible to any City office under this Charter, except the Superintendent of Public Works, who, at the time of election or appointment, shall not be an elector of the City; and no person shall continue to hold office hereunder after ceasing to be such elector. No person shall be eligible to any ward office under this Charter who, at the time of election or appointment, shall not be an elector of the ward in which elected or appointed; and no person shall continue to hold a ward office hereunder after ceasing to be an elector of such ward. B. Notwithstanding § C2-4A, an appointed person otherwise eligible to hold office under this Charter in accordance with the Public Officers Law of the State of New York need not be an elector of the City so long as such person shall reside in Columbia County within 15 road miles of a boundary of the City of Hudson and be a taxpayer on the real property assessment rolls of the City of Hudsony.§ C2-1 Officers and salaries.The officers of the City shall be a Mayor, a President of the Common Council, a City Judge, a City Treasurer, one Assessor, a Commissioner of Public Works, a Commissioner of Police, a Commissioner of Fire, a Commissioner of Youth, a Commissioner of Purchases, a Commissioner of Grants, a Commissioner of Aging, a Planning Commission of seven members, such members of the Board of Plumbers as are now or hereafter shall be provided by law, local law, or ordinance, a City Clerk, a Superintendent of Public Works, a Superintendent of Cemeteries, such number of policemen as the Commissioner of Police shall appoint, a Chief of the Fire Department, two Assistant Chiefs of the Fire Department, a Director of Youth, a Bingo Inspector, special policemen and, in the discretion of the Mayor, a City Marshal and such legal counsel as the Mayor may deem necessary or expedient for the preservation of the rights or the protection of the interests of the City.
§ C4-4 Appointive officers and terms. A. The Mayor shall appoint the following officers for the terms of office indicated: (1) Assessor, for six years. [...]
