[HISTORY: Adopted by the Town Board of the
Town of Niskayuna as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-6-1973 by L.L. No. 3-1973]
Section 24 of the Town Law is hereby amended
in its application to the Town of Niskayuna, New York, to read as
follows:
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§ 24. Terms of office.
All elective officers other than Town councilmen,
Town justices, Town clerks, receivers of taxes and assessors shall
hold their respective offices for two years. The terms of office of
the Town councilmen first elected after this chapter shall take effect
and of the Town councilmen first elected in a Town which shall have
changed its classification from that of a Town of the second class
to that of a Town of the first class shall be two years each for two
Town councilmen and four years each for two Town councilmen, and thereafter
at each biennial Town election there shall be elected two Town councilmen
for terms of four years each.
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The terms of office of the Town justices, elective
Town clerks and elective receivers of taxes and assessments shall
be four years. The terms of office of the assessors, when elected,
shall be two years for one assessor and four years each for two assessors;
when appointed, two years, except as provided by § 22-a
of this chapter. The term of each elective officer shall begin on
the first day of January next succeeding the election at which he
was elected. The Town superintendent of highways, the receiver of
taxes and assessments, the Town engineer and the Town attorney, whenever
appointed, shall hold their respective offices until the first day
of January next succeeding the first biennial Town election held after
the time of their appointment. All other appointed officers and employees
shall hold their respective offices and positions at the pleasure
of the Town board, except as otherwise provided by law.
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Notwithstanding the foregoing provisions of
this section and the provisions of Subdivision 6 of § 20
of this chapter, the term of office of Town clerks and Town superintendents
of highways in towns in the counties of Erie, Niagara, Dutchess and
Yates shall be four years, provided that the electors of any of such
towns have approved a proposition to increase such term to four years
at a mandatory referendum.
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This article shall be subject to a mandatory
referendum pursuant to the provisions of the Municipal Home Rule Law
of the State of New York, which said referendum shall be conducted
at the time of the general election for the year 1973, on November
6, 1973, and thereafter this chapter shall become effective pursuant
to § 27 of the Municipal Home Rule Law.
[Adopted 7-28-2020 by L.L. No. 5-2020]
A.
This article is adopted pursuant to Municipal Home Rule Law § 10,
Subdivision 1(ii)a(1), that grants to local governments the authority
to enact local laws regarding the qualifications of local officers.
This article shall supersede Public Officers Law § 3, which
requires that a person holding an appointed office reside within the
locality, and Town Law § 23, which requires that an appointive
officer be an elector of the Town, in its application to the position
of Town Comptroller for the Town of Niskayuna.
B.
The person holding the office of Town Comptroller need not be a resident
nor an elector of the Town of Niskayuna; provided, however, that such
person shall reside in Schenectady County or reside in an adjoining
county within the State of New York.
