[Adopted 3-11-2013 by L.L. No. 1-2013]
An article to establish the residency requirements for the appointed
office of Town Attorney.
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 the office of Town Attorney for the Town
of Cobleskill.
Residency requirements for the position of the Town Attorney
for the Town of Cobleskill: The person holding the office of Town
Attorney in the Town of Cobleskill need not be a resident nor an elector
of the Town of Cobleskill; provided, however, that such person shall
reside in the State of New York in which such Town is located.
