This chapter is adopted pursuant to 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. This chapter recognizes that the State Legislature
previously amended Public Officers Law § 3, expanding the
residency requirements for any appointed public office, thereby rendering
Public Officers Law a special law with respect to any appointed town
officer.
This chapter shall supersede the requirement of local residency set forth in § 3, Subdivision 1, of the Public Officers Law of the State of New York and shall also supersede the requirement of being a local elector set forth in § 23, Subdivision 1, of the Town Law of the State of New York with respect to the certain Town officers specified in §
42-3 below.
[Amended 12-10-2014 by L.L. No. 9-2014]
Notwithstanding any other provision of law to the contrary,
individuals otherwise qualified, appointed to hold the following offices,
shall not be required to be a resident or an elector of the Town of
Newburgh at the time of appointment and during the term of office,
but must reside with the County of Orange or an adjoining county within
the State of New York, provided the individual's residence in
an adjoining county is within 30 linear miles of the nearest boundary
of the Town:
A. Second (Additional) Deputy Town Clerk;
B. Second (Additional) Deputy Receiver of Taxes and Assessments; and