[Adopted 2-21-2017 by L.L. No. 1-2017]
The Board of Trustees finds that the residency requirements for Village officers set forth in Public Officers Law § 3(1) and Village Law §§ 3-300(1) and (2) are overly restrictive, and often prevent the selection and retention of the best-qualified candidates. In order to ensure that the Village has access to the best-qualified applicants for appointive positions, especially those requiring a specialized background and expertise in a particular field, Chapter 26 is amended by this article, which changes the Village residency requirement for certain Village officials imposed by Public Officers Law §§ 3(1), 30(1) (d), and Village Law §§ 3-300(1) and (2).
This article is adopted pursuant to the provisions of Municipal Home Rule Law §§ 10 (1)(i), (ii)(a)(1) and 22(1). The provisions of this article are intended to and shall supersede Public Officers Law §§ 3(1) and 30(1)(d), Village Law §§ 3-300(1) and (2), and any other state, county or Village law that is inconsistent with the provisions of this article.
A. 
Any person currently appointed to, and any person who may, in the future, be appointed to the following Village offices need not be a resident of the Village of Solvay, but must be a resident of the County of Onondaga or any County directly adjacent thereto:
(1) 
Village Justice Court Clerk.
(2) 
Electric Department Commissioner, except as restricted by Chapter 154, § 154-3C of this Code. In the event a sitting Commissioner no longer resides in the Village and his/her continued membership on the Commission would result in more than two members being nonresidents of the Village, then that Commissioner's Office will be deemed vacated.
[Amended 10-23-2018 by L.L. No. 5-2018]
(3) 
Superintendent of the Electric Department.
(4) 
Superintendent of the Department of Public Works.
(5) 
Village Treasurer.
B. 
No state, county or Village law which creates a vacancy in a Village office if the incumbent thereof ceases to be a resident of the Village shall apply to any of the Village offices enumerated in Subsection A of this section.
C. 
Instead, the creation of a vacancy shall only apply if the respective officer shall cease to be a resident of Onondaga County or any county directly adjacent thereto.
If any clause, sentence, paragraph, provision or section of this article is adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, provision or section directly involved in the controversy in which such judgment shall have been rendered.