[Adopted 8-10-2015 by L.L. No. 1-2015]
An article to establish the residency requirements for the appointed
office of Court Clerk.
This article is adopted pursuant to Municipal Home Rule Law
§ 10[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(1) in its
application to the office of Court Clerk for the Town of Cobleskill.
The person holding the office of Court Clerk 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 county in
which such town is located or an adjoining county within the State
of New York.
All other local laws and ordinances of the Town of Cobleskill
that are inconsistent with the provisions of this article are hereby
repealed; provided, however, that such repeal shall only be to the
extent of such inconsistency and in all other respects this article
shall be in addition to such other local laws or ordinances regulating
and governing the subject matter covered by this article.
If any clause, sentence, paragraph, word, section or part of
this article shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation of the clause, sentence, paragraph, worked section
or part thereof directly involved in the controversy in which such
judgment shall have been rendered.
