[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.
A.
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.
B.
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.
C.
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.
