An article to establish the residency requirements for the appointed
offices of Deputy Town Clerk and Receiver of Taxes, Deputy Town Clerk,
Clerk to the Town Justices and Office Clerk IV for the Court.
This article 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 article recognizes that the State Legislature
previously amended Public Officers Law, § 3 expanding the
residency requirements for any appointed public office, thereby rendering
the Public Officers Law a special law with respect to any appointed
Town officer. [See cf N.Y. Op. Atty. Gen. (Inf.) No. 2000-5].
This article shall supersede Town Law § 23, Subdivision
1, in its application to the offices of Deputy Town Clerk and Receiver
of Taxes, Deputy Town Clerk, Clerk to the Town Justices and Office
Clerk IV for the Court for the Town of Parma.
The persons holding the offices of Deputy Town Clerk and Receiver
of Taxes, Deputy Town Clerk, Clerk to the Town Justices and Office
Clerk IV for the Court in the Town of Parma need not be residents
nor electors of the Town of Parma; provided, however, that such persons
shall reside in Monroe County.