[Adopted 9-12-1989 by L.L. No. 3-1989]
The Town Attorney may be compensated for his/her services to the Town
by way of a fixed amount for certain specified services and paid an additional
hourly rate for the performance of certain specified services in excess thereof.
The services performed and amount of time spent on said excess services must
be properly documented, and where possible, payment should be made pursuant
to the payroll method to permit more efficient accounting for the various
deductions from gross compensation which may be required.
A.Â
Legislative authority. This section is adopted pursuant
to the provisions of § 10 of the Municipal Home Rule Law of the
State of New York, which grants to local governments the authority to enact
local laws that are not inconsistent with the Constitution and general state
laws. This section recognizes that the State Legislature amended § 3
of the Public Officers Law of the State of New York by adding a new Subdivision
24 exempting any appointed public officer in the Town of Greenburgh, Westchester
County, from the required residency requirements and allowing any such appointed
public officers to reside anywhere in the State of New York. This amendment
by the State Legislature, therefore, has rendered § 3 of the Public
Officers Law, in its coverage of appointive Town officers, a special, rather
than a general, law, since in establishing residency requirements for appointive
Town officers it did not, in terms and in effect, apply alike to all towns
of the state.
B.Â
This section shall supersede § 3 of the Public
Officers Law of the State of New York and § 23, Subdivision 1, of
the Town Law of the State of New York in their application to the Town of
Pawling for the position of Town Attorney.
C.Â
The Town Attorney is not required to be a resident of
the Town of Pawling, provided that such person resides in the County of Dutchess
or an adjoining county within the State of New York.
D.Â
This section shall take effect immediately upon filing
with the Secretary of State of the State of New York.
