[Adopted 12-22-2021 by L.L. No. 8-2021]
This article shall be known and cited as "Local Law 8 of the
Year 2021, Establishing the Residency Requirements for the Appointed
Office of Deputy Receiver of Taxes for the Town of LaGrange.''
This article is adopted pursuant to Municipal Home Rule Law,
§ 10 Subdivision 1(ii)a(1), that grants to local governments
the authority to enact local laws regarding the qualifications of
local officers. Furthermore, this article recognizes that the State
Legislature amended Public Officers Law § 3, adding a new
Subdivision 24, expanding the residency requirements for any appointed
public office in the Town of Greenburgh, Westchester County, thereby
rendering Public Officers Law a special law with respect to any appointed
town officer. (See generally Matter of Ricket v. Mahan, 97 AD3d 1062,
1065 [3d Dept 2012].)
This article shall supersede Town Law § 23 Subdivision
1, and Public Officers Law § 3 in its application to the
residency requirements for the appointed office of Deputy Receiver
of Taxes for the Town of LaGrange.
The person holding the Office of Deputy Receiver of Taxes in
the Town of LaGrange need not be a resident nor an elector of the
Town of LaGrange; provided, however, that such person shall reside
in the county in which such Town is located or an adjoining county
within the State of New York.
All other local laws and ordinances of the Town of LaGrange
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repealed; provided, however, that such repeal shall only be to the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 or ordinances regulating
and governing the subject matter covered by this article.
If any clause, sentence, paragraph, word, section or part or
this article shall 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, worked section
or part thereof directly involved in the controversy in which such
judgment shall have been rendered.
This article shall take effect immediately upon filing in the
office or the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.