[HISTORY: Adopted by the Town Board of the Town of Bergen 7-10-2018 by L.L. No. 2-2018. Amendments noted where applicable.]
Terms of office — See Ch. 160.
"A local law to establish the residency requirements for the appointed offices of Deputy Highway Superintendent, Deputy Town Clerk, Assessor, Code Enforcement Officer and Historian."
This chapter 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. This chapter recognizes that the State Legislature previously amended Public Officers Law, Article 2, § 3, expanding the residency requirements for any appointed public office, thereby rendering Public Officers Law a special law with respect to any appointed Town officer [see cf N.Y. Op. Atty. Gen. (Inf.) No. 2000-5].
This chapter shall supersede Town Law, § 23(1) in its application to the offices of Deputy Highway Superintendent, Deputy Town Clerk, Assessor, Code Enforcement Officer and Historian for the Town of Bergen.
The persons holding the offices of Deputy Highway Superintendent, Deputy Town Clerk, Assessor, Code Enforcement Officer and Historian in the Town of Bergen need not be a resident nor an elector of the Town of Bergen; 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.
All other local laws and ordinances of the Town of Bergen that are inconsistent with the provision of this chapter are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and in all other respects this chapter shall be in addition to such other local laws or ordinances regulating and governing the subject matter covered by this chapter.
If any clause, sentence, paragraph, word, section or part of this chapter 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 chapter shall take effect upon filing in the office of the New York Secretary of State in accordance with § 27 of the Municipal Home Rule Law.