[HISTORY: Adopted by the Town Board of the Town of Livonia.
Amendments noted where applicable.]
[Adopted 9-15-2022 by L.L. No. 2-2022]
This article shall be known as "A Local Law Establishing the
Residency Requirements for the Appointed Office of Deputy Superintendent
of Highways for the Town of Livonia."
The Town Board recognizes that NYS Public Officers Law § 3
and NYS Town Law § 23 generally require that elected and
appointed officers of the Town of Livonia must be residents and electors
of the Town of Livonia. In order to expand the field from which a
Deputy Superintendent of Highways may be selected and appointed by
the Superintendent of Highways, or such appointment by the Superintendent
of Highways does not occur within the time period set out in NYS Town
Law § 32, the appointment by the Town Board, it is the intent
of this Town Board, by this article, to supersede, and amend, those
sections of law so as to provide that the person appointed to and
holding the office of Deputy Superintendent of Highways of the Town
of Livonia need not be a resident or elector of the Town of Livonia.
It is further intended that because of the location of the Town of
Livonia, which borders the Towns of Richmond and Canadice in Ontario
County and the Towns of Avon, Conesus, Geneseo and Lima in Livingston
County, that such person appointed may be a resident of the Town of
Richmond or Canadice in Ontario County or the Town of Avon, Conesus,
Geneseo or Lima in Livingston County, State of New York.
This article is adopted pursuant to NYS Municipal Home Rule
Law §§ 10, Subdivision 1(i) and (ii)a(1), which grants
to local governments the authority to enact local laws pertaining
to the qualifications of local officers. Moreover, the Town Board
recognizes that the State Legislature has, on various occasions, for
various offices, including that of a town Deputy Superintendent of
Highways, in various municipalities, amended NYS Public Officers Law
§ 3 and NYS Town Law § 23 so as to create exceptions
to the general residency requirements as set forth in those statutes,
thereby rendering said statutes to be special laws, rather than general
laws, insofar as the office of a town Deputy Superintendent of Highways
is concerned. Accordingly, this Town Board may supersede, and amend,
NYS Public Officers Law § 3 and NYS Town Law § 23
as regards the residency requirements for the appointed office of
Deputy Superintendent of Highways of the Town of Livonia.
Hereafter, the person appointed to and holding the office of
Deputy Superintendent of Highways of the Town of Livonia need not
be a resident or elector of the Town of Livonia, provided that such
person is a resident of the Town of Richmond or Canadice in Ontario
County, or the Town of Avon, Conesus, Geneseo or Lima in Livingston
County, State of New York.
This article shall supersede the residency requirements set
forth in NYS Public Officers Law § 3 and NYS Town Law § 23
in regard to their application to the appointed office of Deputy Superintendent
of Highways of the Town of Livonia.
Should any clause, sentence, paragraph, word, section, or part
of this article 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 to the clause, sentence, paragraph, word, section
or part thereof directly involved in the controversy in which said
judgment shall have been rendered.
This article shall be effective immediately upon its filing
with the office of the Secretary of State.
