[Adopted 4-25-2019 by L.L. No. 1-2019]
The title of this article is "A Local Law Establishing the Residency
Requirements for the Appointed Office of Superintendent of Highways
of the Town of Cobleskill."
The Town Board recognizes that Public Officers Law § 3
and Town Law § 23 generally require that elected and appointed
officers of the Town of Cobleskill must be residents and electors
of the Town of Cobleskill. In order to expand the field from which
a Superintendent of Highways may be selected and appointed by the
Town Board of the Town of Cobleskill, it is the intent of this Town
Board, by this article, to supersede, and amend, those sections of
law so as to provide that the person appointed to and holding the
office of Superintendent of Highways of the Town of Cobleskill need
not be a resident or elector of the Town of Cobleskill, provided that
such person is a resident within a radius of four miles outside the
boundaries of the Town of Cobleskill, located in the County of Schoharie,
State of New York.
This article is adopted pursuant to Municipal Home Rule Law
§ 10(1)(i) and (ii)(a)(1) which grants to local governments
the authority to enact local laws pertaining to the qualifications
of local officers. Moreover, the Town Board recognizes that the State
Legislature has, on various occasions, for various offices, including
that of a town Superintendent of Highways, in various municipalities,
has amended Public Officers Law § 3 and Town Law § 23
so as to create exceptions to the general residency requirements as
set forth in those statutes, thereby rendering said statutes to be
special laws, rather than general laws, insofar as the office of a
town Superintendent of Highways is concerned. Accordingly, this Town
Board may supersede, and amend, Public Officers Law § 3
and Town Law § 23 as regards the residency requirements
for the appointed office of Superintendent of Highways of the Town
of Cobleskill. [See N.Y. Opn. Atty. Gen. (Inf.) No. 2005-5, and also
Kamhi v. Town of Yorktown, 74 N.Y.2d 423 (1989).]
The person appointed to and holding the office of Superintendent
of Highways of the Town of Cobleskill need not be a resident or elector
within a radius of four miles outside the boundaries of the Town of
Cobleskill, located in the County of Schoharie, State of New York.
This article shall supersede the residency requirements set
forth in Public Officers Law § 3 and Town Law § 23
in regard to their application to the appointed office of Superintendent
of Highways of the Town of Cobleskill.
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 and ordinances pertaining
to the subject matter encompassed by this article.
Should any clause, sentence, paragraph, word, section, or part
of this article 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, word, section
or part thereof directly involved in the controversy in which said
judgment shall have been rendered.
This article shall take effect immediately upon the filing with
the Secretary of State.
