Town of Clarkstown, NY
Rockland County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY:[1] Adopted by the Town Board of the Town of Clarkstown as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 59, Safety Committee, adopted 2-2-1977, was repealed 6-16-2009 by L.L. No. 4-2009.
[Adopted 1-19-2016 by L.L. No. 1-2016]

§ 59-1 Legislative authority.

This article is adopted pursuant to the provisions of § 10(1)(ii)(a)(1) of the Municipal Home Rule Law of the State of New York, which grants to local governments the authority to enact local laws regarding the qualifications of local officers which are not inconsistent with general state statutes. Furthermore, this article recognizes that the State Legislature amended § 3 of the Public Officers Law of the State of New York by adding a new subdivision, numbered 24, exempting any appointed public officer in the Town of Greenburgh, New York, from the required residency requirements, and allowing any such appointed public officers to reside anywhere in the State of New York. This amendment by the State Legislature, therefore, has rendered § 3 of the Public Officers Law, in its coverage of appointive Town officers, a special rather than a general law, since in establishing residency requirements for appointive Town officers it did not, in terms and in effect, apply alike to all towns of the state.

§ 59-2 Supersession of statute.

This article shall supersede § 3 of the Public Officers Law of the State of New York and § 23, Subdivision 1, of the Town Law of the State of New York, in their application to the Town of Clarkstown for the position of Town Attorney.

§ 59-3 Residency requirements established.

The person or persons holding the office of Town Attorney or Deputy Town Attorney need not be a resident or an elector of the Town of Clarkstown; provided, however, that such persons shall reside and be an elector in the County of Rockland, State of New York.
[Adopted 3-8-2016 by L.L. No. 2-2016]

§ 59-4 Legislative authority.

This article is adopted pursuant to the provisions of § 10(1)(ii)(a)(1) of the Municipal Home Rule Law of the State of New York, which grants to local governments the authority to enact local laws regarding the qualifications of local officers which are not inconsistent with general state statutes. Furthermore, this article recognizes that the State Legislature amended § 3 of the Public Officers Law of the State of New York by adding a new subdivision, numbered 24, exempting any appointed public officer in the Town of Greenburgh, New York, from the required residency requirements, and allowing any such appointed public officers to reside anywhere in the State of New York. This amendment by the State Legislature, therefore, has rendered § 3 of the Public Officers Law, in its coverage of appointive Town officers, a special rather than a general law, since in establishing residency requirements for appointive Town officers it did not, in terms and in effect, apply alike to all towns of the state.

§ 59-5 Supersession of statute.

This article shall supersede § 3 of the Public Officers Law of the State of New York and § 23, Subdivision 1, of the Town Law of the State of New York, in their application to appointed officials in the Town of Clarkstown.

§ 59-6 Residency requirements established.

Residency requirements for appointed officials within the Town of Clarkstown: Persons holding an appointed office within the Town of Clarkstown need not be a resident or an elector of the Town of Clarkstown, 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, except that all members of local Town boards and commissions shall remain electors of the Town of Clarkstown.