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Cheektowaga schedules referendum process for townwide term limits; attorney says mandatory referendum required
Summary
The Town Board voted to move a draft local law on term limits to public hearing (scheduled Dec. 30) and discussed timelines for when limits would take effect; town attorney said the town is not subject to preclearance but term limits would require a mandatory referendum.
The Town Board opened a public hearing process on a proposed local law creating term limits for elected town offices (local law intro number 9 of 2025). Council member Filipski, a sponsor of the draft, said she had campaigned on term limits and wants to hear from voters; she noted the town missed an administrative deadline to place the item on a prior referendum but said the board could still hold hearings and refine language.
Supervisor Brian Nowak and several council members discussed technical questions about how the proposed law would treat the town’s recent switch to even-year terms and three-year staggered terms. Council member Thompson argued the current draft defers effect until many years in the future because it counts only full four-year terms; others recommended language counting "full terms" regardless of length so it applies promptly.
Council member Benczkowski cited New York State Controller opinion 89-34 and the 2017 memorandum of agreement (TCSU) when discussing limits on staffing and the interplay of bargaining agreements with board authority.
Town Attorney (speaker 8) told the board he had spoken to the New York State Attorney General's office: the proposed term-limits law would not be subject to preclearance under voting-rights rules and "this is a mandatory referendum item"—meaning the measure would go on the ballot if the board approves it for a November election. The attorney also said the board and sponsors could make substantive changes after public hearing but that major changes might trigger additional hearings.
The board approved Resolution 2025-a30 to proceed with the public hearing process and scheduled the first hearing for Dec. 30 at 5:30 p.m.; members said they expect to hold further hearings in January to give more public opportunities to comment.
What’s next: the board will accept public comment at the hearings and can amend the proposal before placing it on a ballot as a mandatory referendum.
Quote: "We want to hear from the people in our town if they want term limits," Council member Filipski said.
