RESOLUTION TO HIRE TEMPORARY BUILDING/PLANNING/ZONING CLERK WHILE LARA HART IS OUT ON MEDICAL LEAVE
Activeformal_resolutionongoingThe Board of Trustees authorizes the Mayor to create a new Part Time Temporary Clerk position and engage Katie Khakhar as Building/Planning/Zoning Clerk for the Village at $26.00/hr working 10-15 hours per week until Lara Hart returns, with General Fund budget adjustments for 2024-25 and 2025-26 fiscal years.
First seen
2025-05-12
Latest event
2025-05-12
adopted
Expires
—
Resolution text
RESOLVED
- the Village of Red Hook Board of Trustees hereby authorizes Mayor Smythe to create a new Part Time Temporary Clerk position
- engage Katie Khakhar to fill this position to function as the Building/Planning/Zoning Clerk for the Village until such time as Lara Hart can return to work
- Katie Khakhar will become a temporary part time employee of the Village with a pay rate of $26.00/hr which will fall under General Fund Account 8010.1 Zoning – Per Srv
- Ms. Khakhar will set a regular schedule and work on average 10–15 hours per week
- The General Fund budget for both 2024–25 and 2025–26 will be adjusted to reflect these unexpected costs
Show preamble — 5 WHEREAS clauses
- WHEREAS, our Building/Planning/Zoning Clerk, Lara Hart, is out on extended medical leave
- WHEREAS, the operations of the building/planning/zoning department need to continue in her absence
- WHEREAS, Red Hook Town's Planning Board Clerk, Katie Khakhar, works part time for the Town and has time available for additional work
- WHEREAS, Mayor Smythe has worked with Ms. Khakhar on the Town Planning Board and can attest to her knowledge, experience and quality of work
- WHEREAS, Ms. Khakhar makes $26/hr in her role as Town Planning Board Clerk
Legal analysisissues for consideration
Computer-generated analysis using NY State statutes and OSC guidance. Not legal advice. Frames concerns as questions, not pronouncements. Trustees and counsel make the call.
The most significant issues raised by this resolution are: (1) whether the simultaneous employment of a current Town of Red Hook employee in a Village role covering overlapping subject matter triggers conflict-of-interest disclosure or recusal obligations under GML Article 18, which counsel should assess; (2) whether the Board's delegation to the Mayor to 'create' the position is properly grounded in Village Law and consistent with any applicable civil service classification requirements; and (3) whether the open-ended budget amendment language ('will be adjusted') satisfies the procedural requirements of Village Law §5-508 for supplemental appropriations and identifies an adequate funding source. The remaining issues — absence of a sunset date, open-ended delegation scope, and wage-rate documentation — are lower-priority but worth addressing to strengthen the record.
mediumStatute
Does the Board have authority to 'create a new Part Time Temporary Clerk position' by resolution, and does that authority rest with the Mayor, the Board, or both under Village Law?
The resolution authorizes the Mayor to 'create a new Part Time Temporary Clerk position,' but the power to create village positions and set their terms generally resides in the Board of Trustees under Village Law §3-300 et seq. and the village's adopted personnel policies. Consider whether the Board's delegation to the Mayor to unilaterally 'create' the position (as opposed to the Board itself establishing the position and then directing the Mayor to fill it) is consistent with the village's organizational structure and any applicable civil service requirements under Civil Service Law §22. Counsel should confirm that no civil service classification or examination waiver is needed for this temporary appointment.
mediumStatute
Consider whether engaging a current Town of Red Hook employee to simultaneously serve as a Village employee raises a conflict-of-interest or dual-employment concern under GML Article 18.
The resolution notes that Katie Khakhar is currently employed as Red Hook Town's Planning Board Clerk and would simultaneously become a Village employee. Where the Town and Village share planning or zoning jurisdiction over the same matters, her dual role could create situations in which she has divided institutional loyalties or where her work for the Village touches matters also before the Town board. GML Article 18 governs conflicts of interest of municipal officers and employees; OSC's guidance notes that a prohibited interest exists when an individual has 'certain powers or duties with respect to the contract.' Counsel should assess whether any overlap in subject-matter jurisdiction creates a prohibited or disclosable conflict, and whether the Village's code-of-ethics local law (if any) imposes additional disclosure obligations.
GML §800–809 (Article 18) · source ↗
OSC LGMG: Conflicts of Interest of Municipal Officers and Employees · source ↗
“Article 18 prohibits municipal officers and employees from having interests in contracts with the municipality for which they serve, but only under certain circumstances. In order for a municipal officer or employee to have a prohibited interest in a contract (one that violates the law), four conditions must be met: (1) there must be a contract; (2) the individual must have an interest in the contract; (3) the individual, in his or her public capacity, must have certain powers or duties with respect to the contract; and (4) the situation must not fit within any of the exceptions listed in law.”
mediumStatute
The resolution adjusts the General Fund budget for both 2024–25 and 2025–26 fiscal years; consider whether the mechanism and authority for mid-year budget amendments are adequate under Village Law §5-508 and any applicable property-tax-levy-limit constraints.
Village Law §5-508 governs budget amendments and transfers, and typically requires Board action with specific findings for supplemental appropriations that exceed the adopted budget. The resolution states the budget 'will be adjusted' but does not specify the amendment mechanism, the source of additional appropriations (e.g., appropriated fund balance, contingency line, or new revenue), or whether the cumulative effect on the 2024–25 levy affects compliance with the §3-c tax levy limit. For the 2025–26 year, if the budget has already been adopted, a separate amendment resolution citing §5-508 authority may be required. Counsel and the village treasurer should confirm the proper amendment process and document it separately.
lowStatute
Consider whether the wage rate of $26.00/hr set by reference to the employee's Town pay rate constitutes a sufficient independent Village salary determination, and whether it is consistent with the village's compensation schedule or any applicable prevailing wage requirements.
The sole basis stated for the $26/hr rate is that Ms. Khakhar 'makes $26/hr in her role as Town Planning Board Clerk.' While this may be entirely reasonable, the Board should confirm that it has independently set this rate consistent with its own compensation policies and any applicable minimum-wage or prevailing-wage requirements (Labor Law Article 8 generally does not apply to clerical employees, but counsel should confirm). There is no reference to whether a village compensation schedule or classification plan exists that this position should be mapped to.
VIL §3-300 et seq. (consider consulting — compensation authority) · source ↗
lowOSC Guidance
The budget adjustment language is open-ended ('will be adjusted to reflect these unexpected costs'); OSC guidance on budgeting recommends that supplemental appropriations identify a specific funding source and dollar amount.
OSC's guidance on the budget process recommends that mid-year appropriation adjustments be specific as to amount, account, and funding source so that the Board and public can assess fiscal impact. The resolution identifies the expenditure account (General Fund 8010.1 Zoning – Per Srv) but does not quantify the expected cost, identify whether appropriated fund balance or another source will fund the increase, or specify the dollar amount of the budget amendment for either fiscal year. Adding this specificity — even as an estimate based on 10–15 hours/week — would strengthen the fiscal record and align with OSC best practice.
OSC LGMG: Reserve Funds (Local Government Management Guide) · source ↗
“A reasonable level of unrestricted, unappropriated fund balance provides a cushion for unforeseen expenditures or revenue shortfalls and helps to ensure that adequate cash flow is available to meet the cost of operations.”
lowProcedure
The resolution does not specify an end date or review trigger for the temporary appointment; consider whether the absence of a sunset condition creates an indefinite employment relationship that may complicate future termination.
The term of Ms. Khakhar's appointment is defined solely by reference to Lara Hart's return to work — an event that may be uncertain or contested. Without a specified not-to-exceed date, periodic Board review requirement, or explicit condition precedent, the appointment could drift from 'temporary' toward a de facto permanent part-time position, with potential civil service and benefits implications. Best practice for temporary appointments is to include a stated end date (subject to renewal) or a mandatory reauthorization trigger. The Board should consider whether the resolution as drafted adequately limits the duration of the engagement.
Civil Service Law §64 (consider consulting — temporary appointment duration limits) · source ↗
lowProcedure
The resolution delegates to Mayor Smythe the authority to 'create' the position and 'engage' the employee; consider whether the scope of that delegation is adequately bounded.
The Board passes a resolution authorizing the Mayor to act, but the resolution does not set a maximum hourly cap, a maximum weekly-hour ceiling beyond the stated 10–15 hours, or a total-cost ceiling. Broad delegations to the executive without fiscal guardrails can create accountability gaps. The Board may wish to include a not-to-exceed appropriation figure or require the Mayor to report back if hours or costs exceed the estimated range, consistent with the Board's oversight responsibilities under Village Law §4-400.
VIL §4-400 (consider consulting — general powers of board) · source ↗
Analysis provenance
- Prompt
- legal_analysis_v1
- Model
- claude-sonnet-4-6
- Generated
- 2026-04-29T10:28:17+00:00
- Prompt hash
- 09f07202e3cd62e5
- Corpus hash
- add22d4dd34c41d2 (950 entries)
Lifecycle (1 event)
2025-05-12adoptedvote: unanimous
Hire temporary Building/Planning/Zoning Clerk Katie Khakhar while Lara Hart is out on medical leave.
moved by Uku · seconded by Bradley-Rickard
Show text snapshot for this event
Resolved
- the Village of Red Hook Board of Trustees hereby authorizes Mayor Smythe to create a new Part Time Temporary Clerk position
- engage Katie Khakhar to fill this position to function as the Building/Planning/Zoning Clerk for the Village until such time as Lara Hart can return to work
- Katie Khakhar will become a temporary part time employee of the Village with a pay rate of $26.00/hr which will fall under General Fund Account 8010.1 Zoning – Per Srv
- Ms. Khakhar will set a regular schedule and work on average 10–15 hours per week
- The General Fund budget for both 2024–25 and 2025–26 will be adjusted to reflect these unexpected costs
Whereas
- WHEREAS, our Building/Planning/Zoning Clerk, Lara Hart, is out on extended medical leave
- WHEREAS, the operations of the building/planning/zoning department need to continue in her absence
- WHEREAS, Red Hook Town's Planning Board Clerk, Katie Khakhar, works part time for the Town and has time available for additional work
- WHEREAS, Mayor Smythe has worked with Ms. Khakhar on the Town Planning Board and can attest to her knowledge, experience and quality of work
- WHEREAS, Ms. Khakhar makes $26/hr in her role as Town Planning Board Clerk
Subject key:
temporary_clerk_hiring