This article is titled "Local Law Number 3 of 2022 Amending Chapter
28A Officers and Employees of the Malta Town Code to Establish the Residency Requirements for the Town Comptroller."
This article is hereby adopted pursuant to the provision of
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. It is the intent of the Town
Board to supersede any and all contrary or inconsistent State Laws,
including but not limited to. Public Officers Law § 3, which
requires that a person holding an appointed office reside within the
locality, and Town Law § 23, which requires that an appointive
officer be an elector of the Town, for the position of Town Comptroller
for the Town of Malta.
The person holding the office of Town Comptroller in the Town
of Malta need not be a resident nor an elector of the Town of Malta,
provided, however, that such person shall reside in Saratoga County
or an adjoining county within the State of New York.
All other local laws and ordinances of the Town of Malta, if
any, 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hereby repealed: provided, however, that such repeal shall only be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,
if any, 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, order and/or
decision 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 upon its filing with the New York State
Secretary of State.