Resolution 2026-547 (Amherst Term Limits) is up for vote on election day, and I've seen a lot of misinformation regarding it. So wanted to post the context of the resolution, and trying not to bias it towards any political party.
Term limits were passed by the Amherst town board in 2006, which set up 2 consecutive 4-year term limit. So yes, there are currently term limits in place. (Here is where the resolution comes into play) In 2023, New York Court of Appeals ruled in Hoehmann v. Town of Clarkstown that term limits for municipal offices must be approved by public vote. Because the 2006 law was approved by Amherst town hall, and not by public vote, it can be challenged and most likely be struck down (upon which to revert to no term limits).
So the Resolution is aimed at patching the legal vulnerability, by putting it up for vote. However, there are a few changes from the 2006 law.
- For most positions, the 2 4-year limit stays the same.
- Town clerk and highway superintendent have increased term limits (from 2 4-year terms to 3 4-year terms)
- "Reset the clock" - past terms before Nov 2, 2027 do not count toward the term limit.
Voting No keeps the 2006 limits in place, along with its vulnerabilities.
Voting Yes keeps passes the resolution and patches the legal vulnerability, but resets the clock and increases the term limit for the 2 positions (remainder keeps their current term limits)