[HISTORY: Adopted by the Town Board of the Town of Bergen 7-10-2018 by L.L. No. 2-2018. Amendments noted where applicable.]
GENERAL REFERENCES
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are inconsistent with the provision of this chapter are hereby repealed;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.
