[Adopted 10-3-2022 by L.L. No. 3-2022]
This article is titled "Local Law Number 3 of 2022 Amending Chapter 28A Officers and Employees of the Malta Town Code to Establish the Residency Requirements for the Town Comptroller."
This article is hereby adopted pursuant to the provision of 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. It is the intent of the Town Board to supersede any and all contrary or inconsistent State Laws, including but not limited to. Public Officers Law § 3, which requires that a person holding an appointed office reside within the locality, and Town Law § 23, which requires that an appointive officer be an elector of the Town, for the position of Town Comptroller for the Town of Malta.
The person holding the office of Town Comptroller in the Town of Malta need not be a resident nor an elector of the Town of Malta, provided, however, that such person shall reside in Saratoga County or an adjoining county within the State of New York.
All other local laws and ordinances of the Town of Malta, if any, that are inconsistent with the provisions of this article are hereby repealed: provided, however, that such repeal shall only be to the extent of such inconsistency and in all other respects this article shall be in addition to such other local laws or ordinances, if any, regulating and governing the subject matter covered by this article.
If any clause, sentence, paragraph, word, section or part of this article shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment, order and/or decision shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, worked section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This article shall take upon its filing with the New York State Secretary of State.