[Adopted 5-19-2011 by L.L. No. 3-2011 (Ch. 59, Art. I, of
the 1991 Code)]
The title of this article is "A local law to establish the residency
requirements for the appointed office of Clerk to the Town Court."
This article is adopted pursuant to Municipal Home Rule Law
§ 10[1][ii][a][1] that grants to local governments the authority
to enact local laws regarding the qualifications of local officers.
Furthermore, this article recognizes that the State Legislature has
made numerous amendments to Public Officers Law § 3, expanding
the residency requirements for various appointed public officers and
officials in towns within the State of New York, thereby rendering
Public Officers Law a special law with respect to any appointed town
officer. (See cf N.Y. Ops. Atty. Gen. (Inf.) No. 91-37 and 2000-5.)
This article shall supersede Public Officers Law § 3(8)
in its application to the office of Court Clerk for the Town of Webster.
The person holding the office of Court Clerk in the Town of
Webster need not be a resident nor an elector of the Town of Webster;
provided, however, that such person shall reside in the county in
which such town is located or an adjoining county within the State
of New York.
All other local laws and ordinances of the Town of Webster 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are inconsistent with the provisions of this article are hereby repealed;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.
This article shall take effect June 1, 2011.
