[HISTORY: Adopted by the Board of Trustees of the Village of Fort Edward as indicated in article histories. Amendments noted where applicable.]
[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.