This article shall be known as "A Local Law to Establish the
Residency Requirements for Certain Appointed Offices in the Town of
Coeymans."
This article is authorized by the Municipal Home Rule Law § 10,
Subdivision (1)(ii)a(1), which grants to local governments the authority
to enact local laws regarding the qualifications of local officers.
Furthermore, this article recognizes that the state legislature has
amended Public Officers Law § 3 numerous times, expanding
the residency requirements for appointed public offices, thereby rendering
the statute a special law, not a general law.
This article shall supersede Town Law § 23, Subdivision
1, in its application to the offices of Assessor, Animal Control Officer,
Building Inspector, Deputy Highway Superintendent, Deputy Town Clerk,
Justice Court Clerk, and Town Attorney for the Town of Coeymans.
Residency requirements for appointed positions in the Town of
Coeymans: The person holding the office of Assessor, Animal Control
Officer, Building Inspector, Deputy Highway Superintendent, Deputy
Town Clerk, Justice Court Clerk, and Town Attorney need not be a resident
nor an elector of the Town of Coeymans; 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.
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 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 become effective immediately upon filing
with the NYS Secretary of State in conformity with NYS Municipal Home
Rule Law.