[Adopted 8-15-2019 by L.L. No. 1-2019]
The title of this article is "A Local Law Establishing the Residency
Requirements for the Appointed Office of Deputy Superintendent of
Highways for the Town of Wheatland."
The Town Board recognizes that Public Officers Law § 3
and Town Law § 23 generally require that elected and appointed
officers of the Town of Wheatland must be residents and electors of
the Town of Wheatland. In order to expand the field from which a Deputy
Superintendent of Highways may be selected and appointed by the Superintendent
of Highways, or such appointment by the Superintendent of Highways
does not occur within the time period set out in Town Law § 32,
the appointment by the Town Board, it is the intent of this Town Board,
by this article, to supersede, and amend, those sections of law so
as to provide that the person appointed to and holding the office
of Deputy Superintendent of Highways of the Town of Wheatland need
not be a resident or elector of the Town of Wheatland. It is further
provided that because of the location of the Town of Wheatland, which
borders the Town of LeRoy, County of Genesee, the Town of Caledonia,
County of Livingston, that such person appointed may be a resident
of the Town of LeRoy, County of Genesee, the Town of Caledonia, County
of Livingston, State of New York or any town within Monroe County
that is contiguous to the Town of Wheatland.
This article is adopted pursuant to Municipal Home Rule Law
§§ 10(1)(i) and 10(1)(ii)(a)(1) which grants to local governments
the authority to enact local laws pertaining to the qualifications
of local officers. Moreover, the Town Board recognizes that the State
Legislature has, on various occasions, for various offices, including
that of a town Deputy Superintendent of Highways, in various municipalities,
amended Public Officers Law § 3 and Town Law §23 so as to
create exceptions to the general residency requirements as set forth
in those statutes, thereby rendering said statutes to be special laws,
rather than general laws, insofar as the office of a town Deputy Superintendent
of Highways is concerned. Accordingly, this Town Board may supersede,
and amend, Public Officers Law § 3 and Town Law § 23 as
regards the residency requirements for the appointed office of Deputy
Superintendent of Highways of the Town of Wheatland [see New York
Opinion of the Attorney General (Inf.) No. 2005-5].
The person appointed to and holding the office of Deputy Superintendent
of Highways of the Town of Wheatland need not be a resident or elector
of the Town of Wheatland, provided that such person is a resident
of the Town of Rush, County of Monroe, Town of Chili, Monroe County,
Town of Henrietta, County of Monroe, Town of Riga, Monroe County,
Town of LeRoy, County of Genesee, or the Town of Caledonia, County
of Livingston, State of New York.
This article shall supersede the residency requirements set
forth in Public Officers Law § 3 and Town Law § 23 in regard
to their application to the appointed office of Deputy Superintendent
of Highways of the Town of Wheatland.
Should any clause, sentence, paragraph, word, section, or part
of this article be adjudged 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 of the clause, sentence, paragraph, word, section
or part thereof directly involved in the controversy in which said
judgment shall have been rendered.
