BY PAUL MITCHELL
North Country This Week

CANTON – For a second time, the town council took no action on waiving a residency requirement for the deputy town clerk.

At the board’s monthly meeting on Wednesday (March 9), Town Supervisor Mary Ann Ashley opened the discussion by noting that a letter from Town Clerk Heidi Smith was submitted to the board the day of the meeting. That prompted her to ask legal counsel Eric Gustafson for guidance.

“I think if we get into specifics about an individual we need to go into executive session,” said Gustafson. “But realistically not anything changes this board’s authority to act. Legally it’s your discretion.”

Councilman Bob Santamoor followed by introducing a plan to waive the residency requirement only during the term of a town clerk.

“I know that a number of folks have had concerns about the language and how that was written. I looked at a couple of other towns that have already done this, Potsdam being one of them,” Santamoor stated.

“Looking at that I’ve got some language that I would like to read. The person holding the office of deputy town clerk in the town of canton need not be a resident nor an elector of the town of Canton provided, however, that such persons so reside in the county in which such town is located with the State of New York. This waiver shall terminate at the end of the current town clerk’s term or terms of office,” read Santamoor.

“Basically what that creates is a sunset law,” he said.

“Well for me, I’d like to think about Heidi’s letter and then I’d like to think about what you just proposed,” Ashley remarked. “There’s a lot to think about.”

Councilman Jim Smith responded.

“It seems to me the waiver is not for the position of town clerk, the waiver’s for the position of deputy clerk. And if the deputy clerk is gone, I’d say so is the waiver,” said Smith.

The residency issue surfaced when Leanna Moquin, who resides in Morristown, waa hired as deputy clerk. Interviews were conducted by Smith and Santamoor with input from Ashley. After the appointment was made, Smith discovered a local law that requires the deputy clerk to live in the Town of Canton.

Smith has stated she immediately informed the town supervisor and a local law was drafted.

The town board is expected to address the issue at its April 13 board meeting, which is expected to be held in person.