[Adopted 9-4-2018 by L.L. No. 2-2019]
The Village of Fort Edward (the "Village") Board of Trustees
("Board") wishes to appoint an individual to the office of Clerk and/or
Treasurer who resides outside the geographical limits of the Village
and Washington County, and wishes to adopt this article pursuant to
Municipal Home Rule Law §§ 2, Subdivisions 5 and 12,
and 10, Subdivision 1(ii)a(1); Public Officers Law §§ 3,
Subdivision 1, and 30, Subdivision 1d; and Village Law § 3-300,
Subdivisions 2, 7 and 8.
Notwithstanding any provision of any law to the contrary, the
Clerk and/or Treasurer, as required pursuant to Village Law § 3-301,
Subdivision 1c and d, may reside in any adjoining county to that of
Washington County, New York.
It is the specific intent of the Board of Trustees to supersede
Village Law § 3-300, Subdivision 2, which requires that
any person appointed to the office of the Clerk or Treasurer be a
resident of the Village or Washington County. This power is exercised
pursuant to Municipal Home Rule Law §§ 2, Subdivisions
5 and 12, and 10, Subdivision 1(ii)a(1), as well as 1983 N.Y. Op.
Atty. Gen 1066, and by way of reference to Village Law § 3-300,
Subdivisions 6 through 27, which rendered Village Law § 3-300
other than a law of general applicability in New York State, permitting
the Village Board to supersede Village Law § 3-300, Subdivision
2, as set forth herein.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgement shall be rendered.