"A local law to establish the residency requirements for the
appointed office of Court Clerk."
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 amended
Public Officers Law § 3, adding a new Subdivision 24 expanding
the residency requirements for any appointed public office in the
Town of Greenburgh, Westchester County, thereby rendering the Public
Officers Law a special law with respect to any appointed town officer.
[See cf N.Y. Op. Atty. Gen. (Inf.) No. 91-37.]
This article shall supersede Town Law § 23(1) in its
application to the office of Court Clerk for the Town of Clarkson.
The person holding the office of Court Clerk in the Town of
Clarkson need not be a resident nor an elector of the Town of Clarkson,
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.
Chapter 9 of the Code of the Town of Clarkson (Local Law No.
3-1994) is repealed by the enactment of this article. All other local
laws and ordinances of the Town of Clarkson 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with the provisions of this article are hereby repealed; provided,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 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, worked section
or part thereof directly involved in the controversy in which such
judgment shall have been rendered.
This article shall take effect immediately upon filing with
the New York Secretary of State.