This article establishes the residency requirements for the
appointed office of Justice Court Clerk.
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. This article recognizes that the State Legislature
previously amended § 3 of the Public Officers Law, expanding
the residency requirements for any appointed public office, thereby
rendering Public Officers Law a special law with respect to any appointed
town officer. [See cf N.Y. Op. Atty. Gen. (Inf.) No. 2000-5.]
The person holding the office of Justice Court Clerk in the
Town of Kent need not be a resident nor an elector of the Town of
Kent; provided, however, that such person shall reside in the State
of New York.