"A local law to establish the residency requirements for the appointed offices of Deputy Town Clerk and/or Deputy Tax Receiver."
[HISTORY: Adopted by the Town Board of the Town of Lewiston as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-23-2026 by L.L. No. 1-2026]
This article is adopted pursuant to Municipal Home Rule Law § 10[1](i) and § 10[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 has made numerous amendments to Public Officers Law § 3 and Town Law § 23 expanding the residency requirements for various appointed public officers and officials in towns within the State of New York, thereby rendering Public Officers Law § 3 and Town Law § 23 special laws with respect to any appointed town officer (See N.Y. Ops. Atty. Gen. (Inf.) No. 2000-5).
Any person holding the office of Deputy Town Clerk and/or Deputy Tax Receiver in the Town of Lewiston need not be a resident nor an elector of the Town of Lewiston; provided, however, that such person shall reside in an adjoining municipality to the Town of Lewiston.
All other local laws and ordinances of the Town of Lewiston that are inconsistent with the provisions of this article are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency and in all other respects this article shall be in addition to such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 filing with the New York State Secretary of State.