[HISTORY:[1] Adopted by the Town Board of the Town of Clarkstown as
indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 59, Safety Committee, adopted 2-2-1977,
was repealed 6-16-2009 by L.L. No. 4-2009.
[Adopted 1-19-2016 by L.L. No. 1-2016]
This article is adopted pursuant to the provisions of § 10(1)(ii)(a)(1)
of the Municipal Home Rule Law of the State of New York, which grants
to local governments the authority to enact local laws regarding the
qualifications of local officers which are not inconsistent with general
state statutes. Furthermore, this article recognizes that the State
Legislature amended § 3 of the Public Officers Law of the
State of New York by adding a new subdivision, numbered 24, exempting
any appointed public officer in the Town of Greenburgh, New York,
from the required residency requirements, and allowing any such appointed
public officers to reside anywhere in the State of New York. This
amendment by the State Legislature, therefore, has rendered § 3
of the Public Officers Law, in its coverage of appointive Town officers,
a special rather than a general law, since in establishing residency
requirements for appointive Town officers it did not, in terms and
in effect, apply alike to all towns of the state.
This article shall supersede § 3 of the Public Officers
Law of the State of New York and § 23, Subdivision 1, of
the Town Law of the State of New York, in their application to the
Town of Clarkstown for the position of Town Attorney.
The person or persons holding the office of Town Attorney or
Deputy Town Attorney need not be a resident or an elector of the Town
of Clarkstown; provided, however, that such persons shall reside and
be an elector in the County of Rockland, State of New York.
[Adopted 3-8-2016 by L.L.
No. 2-2016]
This article is adopted pursuant to the provisions of § 10(1)(ii)(a)(1)
of the Municipal Home Rule Law of the State of New York, which grants
to local governments the authority to enact local laws regarding the
qualifications of local officers which are not inconsistent with general
state statutes. Furthermore, this article recognizes that the State
Legislature amended § 3 of the Public Officers Law of the
State of New York by adding a new subdivision, numbered 24, exempting
any appointed public officer in the Town of Greenburgh, New York,
from the required residency requirements, and allowing any such appointed
public officers to reside anywhere in the State of New York. This
amendment by the State Legislature, therefore, has rendered § 3
of the Public Officers Law, in its coverage of appointive Town officers,
a special rather than a general law, since in establishing residency
requirements for appointive Town officers it did not, in terms and
in effect, apply alike to all towns of the state.
This article shall supersede § 3 of the Public Officers
Law of the State of New York and § 23, Subdivision 1, of
the Town Law of the State of New York, in their application to appointed
officials in the Town of Clarkstown.
Residency requirements for appointed officials within the Town
of Clarkstown: Persons holding an appointed office within the Town
of Clarkstown need not be a resident or an elector of the Town of
Clarkstown, 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, except that all members of local Town boards
and commissions shall remain electors of the Town of Clarkstown.
