[HISTORY: Adopted by the Town Board of the Town of Ogden 4-23-2008 by L.L. No. 6-2008 (Ch. 24 of the 1995 Code). Amendments noted where applicable.]
The purpose and intent of this chapter is to establish residency
requirements for all appointed Town officers of the Town of Ogden.
In order to employ and maintain employment of quality appointed Town
officers within the Town of Ogden, the Town Board of the Town of Ogden
has determined that residency of such Town Officers within the County
of Monroe or counties contiguous to the County of Monroe would provide
sufficient geographical boundaries within which to secure and maintain
a pool of qualified appointed Town officers available to be appointed
by the Town of Ogden as the needs for such appointments occur from
time to time. The Town Board further finds and determines that limiting
appointed Town officers' residency to the Town of Ogden only
is unduly restrictive and burdensome on the Town of Ogden in attempting
to maintain and fill appointed Town officers vacancies as they occur.
Accordingly, the Town Board of the Town of Ogden adopts this chapter
for the purposes of allowing the Town to employ and maintain employment
of qualified appointed Town officers to serve the Town of Ogden and
its residents.
This chapter is authorized by the New York State Constitution
and general state laws in relation to the qualification of their officers
and employees: New York Constitution, Article IX, § 2(c)(1);
Municipal Home Rule Law, § 10, Subdivision 1(ii)a(1).
A.
Notwithstanding the provisions of Subdivision 1 of § 23
of the Town Law of the State of New York, and notwithstanding the
provisions of Subdivision 1 of § 3 of the Public Officers
Law, or Subdivision 1d of § 30 of the Public Officer's
Law, in the Town of Ogden, Monroe County, New York, all persons performing
the functions of any appointed Town officer need not be an elector
of such Town; provided, however, that the person performing the functions
of such appointed Town officer shall reside within the County of Monroe
or within counties contiguous to the County of Monroe.
B.
In the Town of Ogden, Monroe County, New York, the provisions of
Public Officers Law requiring a local Town officer to be a resident
of a political subdivision or municipal corporation of the state for
which he shall be chosen or within which his official functions are
required to be exercised shall not prevent an appointed Town officer
within the Town of Ogden from holding the office of such appointed
Town officer of the Town of Ogden, provided that such person resides
within the County of Monroe or an adjoining county within the State
of New York.
To the extent that any provisions of this chapter are in conflict
or are construed as inconsistent with the provisions of the New York
State Town Law or New York State Public Officers Law, this chapter
supersedes, amends and takes precedence over New York State Town Law
and New York State Public Officers Law pursuant to the Town's
Municipal Home Rule powers pursuant to Municipal Home Rule Law §§ 10,
Subdivisions 1(ii)d(3) and 1(ii)a(14), and 22 to supersede any inconsistent
authority. In particular, this chapter supersedes any inconsistent
provisions of Town Law § 23, Subdivision 1, which provides
that every officer of the Town at the time of his election or appointment
and throughout his term of office must be an elector of the Town.
This chapter further supersedes any inconsistent provisions of Public
Officers Law § 3, Subdivision 1, which sets forth the qualification
for holding public office and provides that to qualify a person must,
at the time chosen, be at least 18 years of age, a citizen of the
United States, a resident of the state and, in the case of a local
office, a resident of the political subdivision for which he or she
is appointed or within which the electors choosing him reside. It
is the intent of this chapter to amend § 23, Subdivision
1 of the Town Law and § 3, Subdivision 1, of the Public
Officers Law to the extent herein provided.
