[HISTORY: Adopted by the Town Board of the Town of Halfmoon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-15-2023 by L.L. No. 5-2023]
A local law to establish the residency requirements for the
appointed office of Deputy Town Clerk.
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 Halfmoon, Saratoga County, thereby rendering
the Public Officers Law a special law with respect to any appointed
town officer (See cf N.Y. Op. Atty. Gen. (Inf.) No. 91-37).
This article shall supersede Town Law § 23, Subdivision
1 in its application to the office of Deputy Town Clerk for the Town
of Halfmoon.
The person holding the office of Deputy Town Clerk in the Town
of Halfmoon need not be a resident nor an elector of the Town of Halfmoon;
provided, however, that such person shall reside in Saratoga County
and shall reside in a municipality contiguous to the Town of Halfmoon.
All other local laws and ordinances of the Town of Halfmoon
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repealed; provided, however, that such repeal shall only be to the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 upon filing with the Secretary
of State.
