RESOLUTION AUTHORIZING THE APPOINTMENT OF VILLAGE DEPUTY TREASURER

Village Law §3-300(2)(a) governs residency requirements for appointed village officers. The WHEREAS clause references a 2020 Board resolution purporting to extend eligibility to all appointed officials throughout Dutchess County. Consider whether that 2020 resolution correctly interpreted and applied the statute, whether the Deputy Treasurer is an 'appointed official' within the meaning of §3-300(2)(a), and whether a prior Board resolution is the correct legal instrument for such a waiver (as opposed to a local law). Counsel should confirm that the Rhinebeck, NY residency of the appointee satisfies whatever residency standard §3-300(2)(a) imposes and that the 2020 blanket resolution remains operative.

The sole RESOLVED clause appoints De Filippis as Deputy Treasurer but also records the Board's 'intention of appointing her as Village Treasurer following current Treasurer Lori Urbin's end of term, April 7, 2025.' Under Village Law, appointments to village offices generally require a separate, affirmative resolution at the time the appointment is made. Consider whether the 'intention' language creates any legal ambiguity about whether the Treasurer appointment has already been made, or whether it merely records a non-binding statement of future purpose. If the former, a second, standalone resolution appointing De Filippis as Treasurer when the vacancy opens may be advisable to ensure the appointment record is clear and unambiguous. Counsel should confirm that no additional public notice or confirmation vote is required when she formally assumes the Treasurer role.

Village Law §3-300 sets out general appointment authority for village officers, but individual offices may carry additional procedural requirements in the Village Law or in the Red Hook Village Code. Because the Deputy Treasurer appointment is explicitly structured as a precursor to a Treasurer appointment — a fiscal officer who handles public funds — consider whether any confirmation, bond, or oath-of-office requirement must be documented before De Filippis assumes duties. The resolution does not reference any bond or oath requirement; if Village Law or local code requires a fidelity bond for the Treasurer (and by extension the Deputy Treasurer), consider whether documentation of that bond should accompany or precede the resolution.

The resolution describes the appointment as 'full-time' but does not recite the salary, benefits, or compensation terms. General Municipal Law §51 cautions against unauthorized expenditures; if compensation has not been previously appropriated in the adopted budget for a Deputy Treasurer line, the Board should confirm that an existing appropriation covers the position for the period January 23 – April 7, 2025. If no such appropriation exists, a budget amendment may be needed. This is a low-severity documentation gap but worth confirming before payroll is initiated.

The OSC Local Government Management Guide on Fiscal Oversight Responsibilities of the Governing Board notes that the governing board should ensure sound fiscal leadership and oversight of the chief fiscal officer function. The resolution's overlap period (appointment as Deputy Treasurer through April 7, 2025, followed by succession to Treasurer) is consistent with good transition practice. However, consider documenting a transition plan — including which officer holds signature authority over accounts, who is responsible for period-end reporting, and how internal controls are maintained — during the handover period. This is a best-practice recommendation, not a legal defect.

Village Law §4-414 requires a majority of the full Board for most actions. A 4-0 vote on a five-member board (Mayor plus four trustees, or four trustees depending on structure) should be confirmed to reflect a quorum of the full board. If the Board has five voting members and only four were present, the 4-0 tally still constitutes a majority; if there are additional members whose absence is not noted, the record should reflect that a quorum was present. This is a minor record-keeping point and does not appear to affect the resolution's validity on its face.