[HISTORY: Adopted by the Town Board of the Town of New Castle 7-30-2021 by L.L. No. 4-2021. Amendments noted where applicable.]
The purpose of this chapter is to establish the residency requirements
for all appointed public officials within the Town of New Castle.
This chapter is adopted pursuant to the provisions of § 10(1)(ii)(a)(1)
of the Municipal Home Rule Law of the State of New York, which grants
to local governments the authority to enact local laws regarding the
qualifications of local officers which are not inconsistent with general
state statutes. Furthermore, this chapter recognizes that the State
Legislature amended § 3 of the Public Officers Law of the
State of New York by adding a new subdivision, numbered 24, exempting
any appointed public officer in the Town of Greenburgh, New York,
from the required residency requirements, and allowing any such appointed
public officers to reside anywhere in the State of New York. This
amendment by the State Legislature, therefore, has rendered § 3
of the Public Officers Law, in its coverage of appointed Town officers,
a special rather than a general law, since in establishing residency
requirements for appointed Town officers it did not, in terms and
in effect, apply alike to all towns of the state.
[Amended 2-6-2024 by L.L. No. 1-2024]
Any person holding an appointed public office within the Town
of New Castle need not be a resident or an elector of the Town of
New Castle, provided, however, that such person shall reside within
the State of New York or any county adjoining Westchester County,
except that all members of local Town boards and commissions shall
remain electors of the Town of New Castle and the Town Prosecutor
shall be a resident of the Town of New Castle.
This chapter shall supersede, in its application to the Town
of New Castle, Town Law § 23, Public Officers Law § 3
and Public Officers Law § 30.
