This chapter sets forth and codifies the separate minimum general qualifications
and residency requirements for the several categories of elective and appointive
office and other positions of employment of the village. It is the intention
of the Board of Trustees that the provisions of this chapter continue to reflect
the statutory scheme of the Village Law and other applicable statutes, except
with respect to residency requirements pertaining to certain appointive offices,
which are modified by and under this chapter, as permitted by statute, in
order to address local circumstances, needs and conditions as determined by
such Board. Accordingly, to the extent that the provisions of this chapter
shall conflict with the residency requirements for certain appointive offices
as set forth generally in § 3-300 of the Village Law, then, pursuant
to the permissive provisions of § 3-300, Subdivision 2, of that
law, the provisions of this chapter shall be deemed as superseding and controlling
within the Village of New Hyde Park.
As and when the same are used in this chapter, the following words and
phrases shall have the meanings ascribed under this section:
Any person appointed to serve as an advisory, nonvoting member of
a board or commission. An advisory member may not vote or otherwise decide
or determine any matter, issue or other business properly before such body;
may not preside over official meetings or hearings or be counted as a member
for quorum other similar requirements; and may not otherwise exercise or discharge
the official powers, authority, duties or discretions reserved by law, local
law, ordinance, rule or regulation to regular members of such board or commission.
Any person appointed to serve, pursuant to statute, local law or
ordinance, as a regular, voting member of a board or commission, on an ad
hoc basis only. An alternate regular member may exercise and discharge the
official powers, authority, duties and discretions reserved or imposed by
law, local law, ordinance, rule or regulation to regular members of such body
only upon the call of the Chairman or Acting Chairman of such body and only
in those instances where a regular member's temporary absence or disability
might deprive such body of a necessary quorum for the conduct of scheduled
meetings, hearings or other proceedings, or, despite the presence or availability
of such regular member, such regular member is prevented from hearing or deciding
a particular matter or case due to a conflict of interest.
Refers to any person hired or retained for, appointed or designated
to or otherwise holding and discharging any position of employment with or
on behalf of the village, its several boards, commissions, departments, agencies,
offices or bureaus, other than an elective or appointive office (defined or
described as a public office in any statute, law, local law, ordinance, order
or resolution, including the provisions of this chapter), whether on a part-time,
full-time, per diem, temporary, seasonal, permanent or other durational or
timely basis, and whether or not such person renders or may render any services
in connection with such position as an uncompensated volunteer or other gratuitous
basis, or receives or is entitled to receive any payment, remuneration or
other compensation or consideration of any kind, in return for such services.
Refers to any person elected or appointed to or otherwise lawfully
holding or retaining any public position with or on behalf of the village
which is defined, designated, described or classified, with respect to the
title, powers or duties of such position, as an elective or appointive public
office under the provisions of any law or statute, local law, ordinance, order
or resolution establishing, authorizing or creating such position.
Any person appointed to serve as a regular, voting member of a board
or commission, on a continuous and unrestricted basis. A regular member, during
the entire tenure of office, is imbued with and may freely exercise and discharge
all of the official powers, authority, duties, privileges and discretion conferred,
reserved or imposed by law or other legal enactment upon or with respect to
such office.
A person having his/her principal home and residence and maintaining
his domicile within the geographical boundaries of the village, county or
other jurisdiction prescribed or required under the provisions of this chapter.
