[Adopted 1-9-2006 by L.L. No. 1-2006]
This local law is adopted pursuant to the provisions of § 10(1)(ii)(a)(1)
of the Municipal Home Rule Law of the State of New York, which grants
to local governments the authority to enact local laws regarding the
qualifications of local officers which are not inconsistent with general
state statutes. Furthermore, this local law recognizes that the State
Legislature amended § 3 of the Public Officers Law of the
State of New York by adding a new subdivision numbered "24" exempting
any appointed public officer in the Town of Greenburgh, New York,
from the required residency requirements, and allowing any such appointed
public officers to reside anywhere in the State of New York. This
amendment by the State Legislature, therefore, has rendered § 3
of the Public Officers Law, in its coverage of appointive Town officers,
a special rather than a general law, since in establishing residency
requirements for appointive Town officers it did not, in terms and
in effect, apply alike to all towns of the state.
This local law shall supersede § 3 of the Public Officers
Law of the State of New York and § 23, Subdivision 1, of
the Town Law of the State of New York, in their application to the
Town of Orangetown for the position of Deputy Town Attorney.
The person or persons holding the office of Deputy Town Attorney
need not be a resident nor an elector of the Town of Orangetown; provided,
however, that such persons shall reside and be an elector in the County
of Rockland, State of New York. However, the person holding the office
of Town Attorney shall be a resident and an elector of the Town of
Orangetown.
If any part or provision of this local law, or the application
thereof to any person or circumstance, is adjudged invalid or unconstitutional
by a court of competent jurisdiction, such judgment shall be confined
in its operation to the part, provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
local law, or the application thereof to other persons or circumstances.
The Town Council hereby declares that it would have enacted the remainder
of this local law even without any such invalid or unconstitutional
part, provision or application.
