This chapter is adopted pursuant to Municipal Home Rule Law,
§ 10(1)(ii)(a)(1), which grants to local governments the
authority to enact local laws regarding the qualifications of local
officers. This chapter recognizes that the State Legislature previously
amended Public Officers Law, § 3, expanding the residency
requirements for any appointed public office, thereby rendering Public
Officers Law a special law with respect to any appointed Town Officer.
This chapter shall supersede the requirement of local residency set forth in § 3, Subdivision 1, of the Public Officers Law of the State of New York and shall also supersede the requirement of being a local elector set forth in § 23, Subdivision 1, of the Town Law of the State of New York with respect to the certain Town officers specified in §
44-3 below.
Notwithstanding any other provision of law to the contrary,
individuals otherwise qualified, appointed to hold the following offices,
shall not be required to be a resident or an elector of the Town of
Highlands at the time of appointment and during the term of office,
but must reside within the County of Orange or an adjoining county
within the State of New York, provided the individual's residence
in an adjoining county is within 30 linear miles of the nearest boundary
of the Town:
A. Superintendent
of Highways.