The Town Clerk has indicated to the Town Board that although she would like to fill the position of Deputy Town Clerk with residents of the Town, she can sometimes have difficulty doing so. Accordingly, the Town Clerk has asked the Town Board to pass a local law that will grant her the authority to hire an individual to fill the position of Deputy Town Clerk with an individual who does not reside in the Town so that the position does not remain vacant. The Town Board has determined that it is in the best interest of the Town to open this position to a wider pool of applicants so that the position can be filled expeditiously when open.
[HISTORY: Adopted by the Town Board of the Town of Union Vale 8-19-2021 by L.L. No. 2-2021.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This local law also superseded former Ch. 69, Residency Requirements, adopted 5-13-1999 by L.L. No. 2-1999 (Ch. 15, Art. III, of the 1983 Code), as amended 1-8-2004 by L.L. No. 1-2004.
This article is adopted pursuant to Municipal Home Rule Law § 10 Subsection 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 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].
This chapter shall supersede Town Law § 23 Subdivision 1 in its application to the office of Deputy Town Clerk for the Town of Union Vale.
The person holding the office of Deputy Town Clerk in the Town of Union Vale need not be a resident nor an elector of the Town of Union Vale; 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.