Town of Horseheads, NY Chapter 33 Officers and Employees

[HISTORY: Adopted by the Town Board of the Town of Horseheads as indicated in article histories. Amendments noted where applicable.]

Article I Supervisor

[Adopted 8-9-1989 by L.L. No. 2-1989]

§ 33-1 Election; term of office.

A. The term of office of the elective office of the Supervisor of the Town of Horseheads shall be four years. Such four-year term shall commence on the first day of January following the first biennial election after the effective date of this article.

B. As the biennial town election next following the effective date of this article, and every four years thereafter, the Supervisor shall be elected for a term of four years.

§ 33-2 Supersession of statute.

This article shall supersede in its application to the Town of Horseheads, § 24 of the Town Law with respect to the term of office of Supervisor.

§ 33-3 Approval by electors.

This article shall be submitted for approval to the electors of the Town of Horseheads and shall become effective upon approval of a majority of the electors of the Town at a biennial Town election.[1]

[1] Editor's Note: This local law was passed by a majority of the electors of the Town 11-7-1989.

Article II Residency Requirements for Certain Appointed Offices

[Adopted 4-12-2017 by L.L. No. 1-2017; amended in its entirety 5-5-2022 by L.L. No. 3-2022]

§ 33-4 Title.

The title of this article is "A Local Law to Establish the Residency Requirements for the Following Appointed Offices in the Town of Horseheads: Town Clerk, Code Enforcement Officer, Town Highway Superintendent, Deputy Highway Superintendent and Town Attorney."

§ 33-5 Authority.

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 Horseheads, Chemung County, thereby rendering Public Officers Law a special law with respect to those appointed Town officers [See cf N.Y. Op. Atty. Gen. (Inf.) No. 91-37].

§ 33-6 Supersession of state law.

This article shall supersede Town Law § 23(1) in its application to appointed offices for the Town of Horseheads.

§ 33-7 County residency required.

The persons holding an appointive office in the Town of Horseheads as Town Clerk, Code Enforcement Officer, Town Highway Superintendent, Deputy Highway Superintendent and Town Attorney need not be a resident nor an elector of the Town of Horseheads; provided, however, that such person shall reside within the County of Chemung.