[HISTORY: Adopted by the Town Board of the Town of Ulysses
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-12-2011 by L.L. No. 1-2011]
Town Law § 42 authorizes the Town Board to establish
one Deputy Supervisor position. The Town Board has concluded that
it would be in the best interest of the Town to establish a Second
Deputy Supervisor position. The Town has the authority pursuant to
the Municipal Home Rule Law to supersede Town Law § 42 and
establish a second Deputy Supervisor position in the Town.
The Town hereby establishes a Second Deputy Supervisor position
in the Town. This position shall be known as "Second Deputy Supervisor."
Except as otherwise provided in this article, the provisions
of Town Law § 42 shall apply to the position of Second Deputy
Supervisor.
During the absence or inability of the Supervisor to act, or
while the office of Supervisor is vacant, the order in which the Deputy
Supervisor and Second Deputy Supervisor shall act shall be governed
by Public Officers Law § 9.
This article shall take effect upon filing with the Secretary
of State, but the filing shall not occur until at least 45 days after
its adoption.
[Adopted 1-25-2022 by L.L. No. 1-2022]
The title of this article shall be "Residency Requirements of
Appointive Town Officers."
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, and to the extent that this article supersedes the
provisions of Town Law, pursuant to Municipal Home Rule Law § 10,
Subsection 1(ii)d(3). 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 Greenburgh and County of Westchester so as to
permit a person residing anywhere in the State of New York to hold
any appointed public office, and numerous other exceptions to the
residency requirement, thereby rendering Public Officers Law § 3
a special law with respect to any appointed Town officer (see, NYS
Attorney General Informal Opinion No. 95-5 dated February 2, 1995,
and In re Ricket v. Mahan et al, 97 AD3d 1062 [3rd Dep't, 2012]).
This article shall supersede Town Law § 23, Subsection
1, in its application to any appointment to public office in the Town
of Ulysses.
The person holding the appointive office of Deputy Clerk, Deputy
Highway Superintendent, or Second Deputy Supervisor in the Town of
Ulysses need not be a resident of nor an elector of the Town of Ulysses;
provided, however, that such person shall reside in Tompkins County,
or in any other town within or without the County of Tompkins that
is contiguous to the Town of Ulysses.
All other laws and ordinances of the Town of Ulysses that are
inconsistent with the provisions of this article are hereby repealed;
provided, however, that such repeal shall only be to the extent of
such inconsistency and in all other respects this article shall be
in addition to such other local laws or ordinances regulating and
governing the subject matter covered by this article.
If any clause, sentence, paragraph, word, section or part of
this article shall be adjudicated by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the controversy in which such judgment
shall have been rendered.
This article shall take effect immediately upon its filing with
the Secretary of State.
