[HISTORY: Adopted by the Town Board of the Town of Potsdam
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-9-2001 by L.L. No. 7-2001[1] (Ch. 36, Art. I, of the 1986 Code)]
[1]
Editor's Note: This local law superseded the residency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.
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."
This article is adopted pursuant to Municipal Home Rule Law
§ 10, Subdivision 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, Subdivision 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).]
This article shall supersede Town Law § 23, Subdivision
1, in its application to the position of Deputy Town Clerk for the
Town of Potsdam.
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 (Ch. 36, Art. II, of the 1986 Code)]
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."
This article is adopted pursuant to Municipal Home Rule Law
§ 10, Subdivision 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.
This article shall supersede Town Law § 23, Subdivision
1, and Public Officers Law § 3 in its application to the
position of Justice Court Clerk for the Town of Potsdam.
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.
