[HISTORY: Adopted by the Board of Trustees
of the Village of Dobbs Ferry 11-9-2021 by L.L. No. 7-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 78,
Residency Requirements, which consisted of Art. I, Village Clerk;
Deputy Clerk; Village Treasurer; Deputy Treasurer, adopted 2-12-2002
by L.L. No. 2-2002.
The Board of Trustees finds that, due to the relatively small
population of the Village of Dobbs Ferry, it is not always possible
to fill certain appointive offices in Village government requiring
municipal, administrative or financial expertise with Village residents
who are duly qualified to hold such positions. The purpose of this
chapter is to establish the residency requirements for all appointed
public officials within the Village of Dobbs Ferry.
This chapter 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 chapter recognizes that the State
Legislature amended § 3 of the Public Officers Law of the
State of New York by adding a new subdivision, numbered 10, exempting
any appointed public officer in the Village of Saltaire, 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 appointed Village officers,
a special rather than a general law, since in establishing residency
requirements for appointed Village officers it did not, in terms and
in effect, apply alike to all villages of the state.
Any person holding an appointed public office within the Village
of Dobbs Ferry need not be a resident or an elector of the Village
of Dobbs Ferry; provided, however, that such person shall reside within
the State of New York or any county adjoining Westchester County,
except that all members of local Village boards and commissions shall
remain residents of the Village of Dobbs Ferry.
This chapter shall supersede, in its application to the Village
of Dobbs Ferry, Village Law § 3-300, Public Officers Law
§ 3 and Public Officers Law § 30.
