[HISTORY: Comes from L.L.
No. 11-2008, adopted 2-5-2008, effective 2-11-2008.]
GENERAL REFERENCES
Defense and indemnification of Town officers and employees — See Ch. 11.
A.
It is the intent of the Town Board, pursuant to § 10(1)(ii)(d)(3)
of the Municipal Home Rule Law of the State of New York, to supersede
a portion of § 23 of the Town Law of the State of New York
in its application to the Town of Hempstead as specified below. Section
23 was first enacted in New York by Chapter 682 of the Laws of 1949,
and the portion hereby superseded is currently constituted under Subsection
1 thereof.
B.
It is the intent of the Town Board to supersede § 23 insofar
as it requires nonelected Town officers to be residents ("electors")
of the Town at the time of their appointment and throughout their
terms of office.
C.
It is the intent of the Town Board, via the superseding authority,
to instead provide that all nonelected Town officers must be residents
of the County of Nassau at the time of their appointment and throughout
their terms of office. Elected Town officers must be electors of the
Town of Hempstead at the time of their appointment and throughout
their terms of office, as is required under § 23 and is
not being changed.
D.
It is the concurrent intent of the Town Board, pursuant to § 10(1)(ii)(a)(1)
of the Municipal Home Rule Law of the State of New York, to establish
a residency qualification for persons who serve as nonelected Town
officers in the Town of Hempstead. This is the qualification that
such persons must be residents of the County of Nassau at the time
of their appointment and throughout their terms of office. Subdivision
1 of § 3 of the Public Officers Law of the State of New
York does not prohibit the establishment of this qualification, notwithstanding
the requirement therein that, among other things, nonelected local
officers of a town must be residents of such town. Specifically, the
state legislature has established that this town residency requirement
set forth in the said Subdivision 1 of § 3 does not apply
alike to all towns throughout the state. Therefore, and in that respect,
it is not a general law within the meaning of § 10(1)(ii)(a)(1)
of the Municipal Home Rule Law, but rather a special law. As such,
the Town of Hempstead is fully authorized by the aforesaid § 10(1)(ii)(a)(1)
to adopt this chapter, thereby to establish its own residency requirement
pertaining to nonelected Town officers of the Town of Hempstead, notwithstanding
that it is inconsistent with Subdivision 1 of § 3 of the
Public Officers Law.
E.
It is the intent of the Town Board that any and all qualifications
for the holding of a Town office in the Town of Hempstead that are
not inconsistent herewith shall remain in full force and effect to
the extent that they are applicable under any competent law or regulation.
As used in this chapter, the following terms shall have the
meanings indicated:
Every person identified by law as a Town officer, public officer,
or local officer in and for the Town of Hempstead, or in and for any
board, commission or agency thereof; and
Every officer otherwise performing official functions pursuant
to authorization by law in and for the Town of Hempstead, or in and
for any board, commission or agency thereof.
A.
Every nonelected Town officer shall be a resident of the County of
Nassau at the time of her or his appointment and throughout her or
his term of office.
B.
Any and all qualifications for the holding of a Town office in the
Town of Hempstead that are not inconsistent herewith shall remain
in full force and effect to the extent that they are applicable under
any competent law or regulation.
In the event that any provision of this chapter shall be deemed
illegal or otherwise unenforceable as a matter of law by a court of
competent jurisdiction, then only that specific section shall be unenforced,
and all other sections shall remain in full force and effect.
