[Adopted 2-22-1995 as L.L. No. 1-1995]
Pursuant to § 3 of the Public Officers Law and § 23 of the Town Law, a town officer must be a resident of the town. However, pursuant to the Municipal Home Rule Law, § 10, Subdivision 1(i) and (ii)(a)(1), the town may adopt a local law in relation to the qualifications of its officers and permit them to reside outside the town. The provisions of § 3 of the Public Officers Law and § 23 of the Town Law as they apply to residency of appointive officers are not general laws but special laws since said state law provisions have been amended to delete residency requirements for appointive officers in other towns throughout the state. The intent of this Article is to broaden the residency requirements of appointive officers in the Town of Tuxedo other than members of the Planning Board and Zoning Board of Appeals.
Any person holding an appointive office in the Town of Tuxedo, other than a member of the Planning Board or Zoning Board of Appeals, is authorized to reside outside the town, but within the County of Orange or any adjoining county within the State of New York, to be eligible to hold such office in the Town of Tuxedo.
The Town Board shall establish, by resolution, a policy regarding the giving of a preference for appointment to residents of the Town of Tuxedo, provided that said residents are equally qualified and acceptable for an appointive office.
The Town Board shall further establish, by resolution, a policy regarding advertising and posting notice that candidates are sought for a vacancy in any appointive office.
Nothing contained herein shall require the giving of a preference if such preference would violate any state or federal law, rule or regulation. Said policies may be amended from time to time by resolution of the Town Board.
This Article shall take effect immediately upon filing with the Secretary of State.