[HISTORY: Adopted by the Town Board of the
Town of Milan as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-19-2007 by L.L. No. 4-2007]
The Town Justices and the Town Clerk have indicated
to the Town Board that although they would like to fill the positions
of Clerk to the Justice and Deputy Town Clerk, respectively, with
residents of the Town, they are having difficulty doing so. Accordingly,
the Town Justices and the Town Clerk have asked the Town Board to
pass a local law that will grant them the authority to hire individuals
to fill the positions of Clerk to the Justice and Deputy Town Clerk,
respectively, with individuals who do not reside in the Town so that
the positions do not remain vacant. Furthermore, when the Town Board
recently sought to hire a Code Enforcement Officer, no applications
were received from residents of the Town. The Town Board has determined
that it is in the best interests of the Town to open these positions
to a wider pool of applicants so that the positions can be filled
expeditiously when open.
This article is adopted pursuant to Municipal
Home Rule Law § 10(1)(ii)(a)(l) 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 by adding a
new Subdivision (24) expanding the residency requirements for any
appointed public office in the Town of Greenburgh, Westchester County,
thereby rendering Public Officers Law a special law with respect to
any appointed town officer [see N.Y. Op. Atty. Gen. (Inf.) No. 91-37].
A.
This article shall supersede Town Law § 23(1)
in its application to the office of Clerk to the Justice for the Town
of Milan.
B.
This article shall supersede Town Law § 23(1)
in its application to the office of Deputy Town Clerk for the Town
of Milan.
C.
This article shall supersede Town Law § 23(1)
in its application to the office of Code Enforcement Officer for the
Town of Milan.
The person holding the office of Clerk to the
Justice in the Town of Milan need not be a resident nor an elector
of the Town of Milan; 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.
The person holding the office of Deputy Town
Clerk in the Town of Milan need not be a resident nor an elector of
the Town of Milan; 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.
The person holding the office of Code Enforcement
Officer in the Town of Milan need not be a resident nor an elector
of the Town of Milan; 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.
