The title of this article is "Residency Requirement, Deputy
Highway Superintendent," a local law to establish the residency requirements
for the appointed office of Deputy Highway Superintendent.
This article is adopted pursuant to Municipal Home Rule Law
§ 10(1)(ii)(1) that grants to local governments the authority
to enact local laws regarding the qualifications of local officers.
Furthermore, this local law recognizes that the State Legislature
amended Public Officers Law § 3, adding a new Subdivision
(24) expanding the residency requirements for an appointed public
office in the Town of Greenburgh, Westchester County, thereby rendering
Public Officer Law a special law with respect to any appointed Town
officer [see cf N.Y. Op. Atty. Gen. (Inf.) No. 91-37].
This article supersedes Town Law § 23 (1) in its application
to the office of Deputy Highway Superintendent for the Town of Milton.
The person holding the office of Deputy Highway Superintendent
in the Town of Milton need not be a resident nor an elector of the
Town of Milton; provided, however, that such person shall reside in
the county in which the Town is located or an adjoining county within
the State of New York.