[HISTORY: Adopted by the Town Board of the Town of Manchester as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-10-2005 by L.L. No. 1-2005]
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 amended Public Officers
Law § 3, adding a new Subdivision (24) expanding the residency requirements
for any appointed public office in the Town of Greenburgh, Westchester County,
thereby rendering Public Officers Law a special law with respect to any appointed
Town officer. [See cf N.Y. Op. Atty. Gen. (Inf.) No. 91-37.]
This article shall supersede Town Law § 23, Subdivision 1,
in its application to both offices of Court Clerk and for the position of
Zoning Secretary for the Town of Manchester.
The person holding either of the two offices of Court Clerk and the
person holding the position of Zoning Secretary in the Town of Manchester
need not be a resident nor an elector of the Town of Manchester; provided,
however, that such persons shall reside in the county in which such Town is
located or an adjoining county within the State of New York.
All other local laws and ordinances of the Town of Manchester 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inconsistent with the provisions of this article are hereby repealed; provided,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 regulating and governing the subject matter
covered by this article.
