[HISTORY: Adopted by the Town Board of the Town of Lansing
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-16-2022 by L.L. No. 1-2022]
"A Local Law to Establish the Residency Requirements for the
Appointed Offices of Deputy Town Clerks, Deputy Highway Superintendent,
and Code Officer" ("Code Officer," as a term used herein, shall also
mean the Code Enforcement Officer and Building Inspector, including
as such terms are used in the Executive Law and Town Law § 138).
This article is adopted pursuant to Municipal Home Rule Law
§ 10[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 officer [Cf., N.Y.
Op. Atty. Gen. (Inf.) No. 91-37].
This article shall supersede Town Law § 23(1) in its
application to the offices of Deputy Town Clerks, Deputy Highway Superintendent,
and the Code Officer for the Town of Lansing. This article shall further
supersede such provisions of appointment, vacancy, reappointment,
and the holding of a public office as are set forth in Public Officers
Law § 3 et seq., but only to the minimum extent necessary
to give effect to this article, including so as to not displace existing
employees of the Town. Any current public officer who holds office
but, due to residency or relocation, is or was not qualified to hold
such office, be and hereby is reappointed, and any such affected officer
shall promptly retake the oath of office. All employees and officers
of the Town of Lansing are authorized to give and take oaths of office,
and to take such other actions, and prepare, certify, and file such
other documents, as are or may hereafter be convenient or necessary
to carry into effect the intent, terms, and provisions of this article.
The persons holding the offices of Deputy Clerks, Deputy Highway
Superintendents, or Code Officers in the Town of Lansing need not
be a resident nor an elector of the Town of Lansing; provided, however,
that each such person shall reside in Tompkins County, or within any
adjoining county within the State of New York.
All other local laws and ordinances of the Town of Lansing 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 of
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 adoption.
