[HISTORY: Adopted by the Town Board of the
Town of Evans as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-4-2020 by L.L. No. 1-2020]
The purpose of this article is to expand the applicant pool
of attorneys who may qualify to serve as Town Attorney in the Town
of Evans by broadening the required residency for this office from
the Town of Evans to the County of Erie.
Pursuant to the home rule authority provided to the Town of
Evans by the New York State Municipal Home Rule Law, the Town of Evans
intends to change and/or supersede the provisions of Public Officers
Law § 3(1), Public Officers Law § 30(1)(d), and Town Law
§ 23(1), which require that a town attorney reside within the
town where he or she is appointed at the time of his or her appointment
and during his or her tenure in office, except in towns having no
resident attorney.
A person appointed to the office of Town Attorney in the Town
of Evans shall not be required to be a resident of the Town of Evans
at the time of his or her appointment and during his or her tenure
in office. However, a Town Attorney appointed in the Town of Evans
shall be a resident of the County of Erie at the time of his or her
appointment and during his or her tenure in office.
This article shall take effect immediately upon filing with
the New York State Secretary of State.
