[Adopted 2-22-1999 by L.L. No. 2-1999]
This article shall be known and cited as Town
of Wappinger Local Law No. 2 of 1999, entitled "Local Law Exempting
the Position of Comptroller of the Town of Wappinger from Residency
Requirements Imposed by New York State Town Law § 23."
A.
The Town Board acknowledges that § 23, Subdivision
1, of the New York State Town Law requires every officer of the Town
at the time of his appointment and throughout his term of office to
be an elector of the Town. However, by recent amendment of § 23,
Subdivision 3, of the Town Law, the State Legislature has exempted
the residency requirement of the Comptroller of the Town of Mount
Pleasant.
B.
Section 10 of the Municipal Home Rule Law of the State
of New York authorizes a town to adopt by local law, for its own purposes,
any statutory provision, amendment or exemption which has been expressly
authorized by the State Legislature for any other named town, thereby
superseding general statutory provisions to the contrary.
C.
Moreover the Town Board recognizes that the Town of
Wappinger benefits from the residence of its officers within the Town,
including, but not limited to, benefits realized by fostering an increased
sense of community. However, the Town Board has determined that the
position of Comptroller is one that requires special skills and training.
Moreover, in light of these requirements for special skills and training,
it is the determination of the Town Board that any benefits that accrue
from the residency within the Town of its Comptroller are outweighed
by the importance of filling the position of Comptroller with the
best qualified candidate. Accordingly, the Town Board has decided
to enact a local law exempting the position of Comptroller from the
residency requirements imposed by New York State Town Law § 23.
In accordance with the legislative intent noted
above, the person appointed to the position of Comptroller in the
Town of Wappinger shall not be required to be an elector or resident
of the Town of Wappinger in order to hold and serve such position.
Pursuant to Municipal Home Rule Law § 22,
the provisions of this article are intended to supersede any inconsistent
or contrary provisions contained in the New York State Constitution
or in Town Law §§ 20 and 23 or Public Officers Law
§ 3.
