[Adopted 3-18-2021 by L.L. No. 1-2021 (Ch. 47, Art. II, of
the 1991 Code)]
This article is adopted pursuant to Municipal Home Rule Law
§ 10[1](i) and (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
and Town Law § 23 expanding the residency requirements for
various appointed public officers and officials in towns within the
State of New York, thereby rendering Public Officers Law § 3
and Town Law § 23 special laws with respect to any appointed
town officer [see cf N.Y. Ops. Atty. Gen. (Inf.) No. 2000-5].
This article shall supersede any provisions of Town Law §§ 20
and 23 in their application to the office(s) of Town Engineer for
the Town of Webster.
A.
The person holding the office or position of Town
Engineer in the Town of Webster need not be a resident nor an elector
of the Town of Webster at the time of appointment; 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.
B.
In the event the office or position of Town Engineer
is deemed to be a competitive class position by the Civil Service
Commission, the appointee shall become a resident and elector of the
Town of Webster within six months of such permanent appointment from
the appropriate civil service list.
