Town of Potsdam, NY
St. Lawrence County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Potsdam as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Officers and employees — See Ch. 25.

ARTICLE I
Deputy Town Clerk (§ 36-1 — § 36-4) 

ARTICLE II
Court Clerk (§ 36-5 — § 36-8) 

[Adopted 10-9-2001 by L.L. No. 7-2001
Editor's Note: This local law superseded the residency provisions regarding the Deputy Town Clerk adopted 8-14-2000 by L.L. No. 2-2000.
]

§ 36-1
Title. 

§ 36-2
Authority. 

§ 36-3
Supersession of state law. 

§ 36-4
Requirements. 

§ 36-1 Title.

This article shall be known and may be cited as "A Local Law to Establish the Residency Requirements for the Appointed Office of Deputy Town Clerk."

§ 36-2 Authority.

This article is adopted pursuant to Municipal Home Rule Law, § 10[1][ii][a][1] that grants to local governments the authority to enact local laws regarding the qualifications of local officers. Furthermore, this article recognizes that the State Legislature, in Public Officers Law § 3 (20), adding a new subdivision expanding the residency requirements for the Deputy Town Clerk for the Town of Mamaroneck thereby rendering Public Officers Law a special law with respect to the office of Deputy Town Clerk. [see cf 1983 N.Y. Op. Atty. Gen.) (Inf.) (1066).]

§ 36-3 Supersession of state law.

This article shall supersede Town Law § 23(1) in its application to the position of Deputy Town Clerk for the Town of Potsdam.

§ 36-4 Requirements.

The person holding the office of Deputy Town Clerk in the Town of Potsdam need not be a resident nor an elector of the Town of Potsdam; provided, however, that such person shall reside in the county in which such Town is located or an adjoining county within the State of New York.

[Adopted 5-14-2001 by L.L. No. 5-2001]

§ 36-5
Title. 

§ 36-6
Authority. 

§ 36-7
Supersession of state law. 

§ 36-8
Requirements. 

§ 36-5 Title.

This article shall be known and may be cited as "A Local Law to Establish the Residency Requirements for the Appointed Office of Justice Court Clerk."

§ 36-6 Authority.

This article is adopted pursuant to Municipal Home Rule Law, § 10[1][ii][a][1] that grants to local governments the authority to enact local laws regarding the qualifications of local officers. Furthermore, this article recognizes that the State Legislature, in Public Officers Law, § 3 requires the Justice Court Clerk to be a resident of the Town in order to be appointed. Town Law § 23 also requires a Justice Court Clerk to be a Town resident.

§ 36-7 Supersession of state law.

This article shall supersede Town Law § 23(1) and Public Officer's Law § 3 in its application to the position of Justice Court Clerk for the Town of Potsdam.

§ 36-8 Requirements.

The person holding the office of Justice Court Clerk in the Town of Potsdam need not be a resident nor an elector of the Town of Potsdam; provided, however, that such person shall reside in the county in which such Town is located or an adjoining county within the State of New York.