LL #02-1999LOCAL LAW #_ 2 OF THE YEAR 1999
EXEMPTING THE POSITION OF COMPTROLLER
OF THE TOWN OF WAPPINGER FROM RESIDENCY REQUIREMENTS
IMPOSED BY NEW YORK STATE TOWN LAW SECTION 23
A Local Law entitled "Local Law Exempting the Position of Comptroller of the Town of
Wappinger from Residency Requirements Imposed by New York State Town Law Section 23".
BE IT ENACTED by the Town Board of the 'Town of Wappinger as follows:
Section I: Title: Local Law Exempting the Position of Comptroller of the Town of
Wayyinger from Residency Requirements Imposed by New York State Town Law Section 23.
This Local Law shall be known and cited as Town of Wappinger Local Law No.
of 1999, entitled "Local Law Exempting the Position of Comptroller of the Town of Wappinger
from Residency Requirements Imposed by New York State Town Law Section 23".
Section II: Legislative Intent:
The Town Board acknowledges that Section 23 (1) of the New York State Town Law
requires every officer of the town at the time of his appointment and throughout his term of office to
be an elector of the town. However, by recent amendment of Section 23 (3) of the Town Law the
State Legislature has exempted the residency requirement of the Comptroller of the Town of Mount
Pleasant.
Section 10 of the Municipal Home Rule Law of the State of New York authorizes a town to
adopt by local law for its own purposes, any statutory provision, amendment or exemption which
has been expressly authorized by the State Legislature for any other named town, thereby
superseding general statutory provisions to the contrary.
Moreover the Town Board recognizes that the Town of Wappinger benefits from the
residence of its officers within the Town including, but not limited to, benefits realized by fostering
an increased sense of connnunity. However, the Town Board has determined that the position of
Comptroller- is one that requires special skills and training. Moreover, in light of these requirements
for special skills and training, it is the determination of the Town Board that any benefits that accrue
from the residency within the Town of its Comptroller are outweighed by the importance of filling
the position of Comptroller with the best qualified candidate. Accordingly, the Town Board has
decided to enact a local law exempting the position of Comptroller from the residency requirements
imposed by New York State Town Law Section 23.
Section Ili• Exemption of the Residency Requirement for the Comptroller.
In accordance with the Legislative Intent noted above, the person appointed to the position
of Comptroller in the Town of Wappinger shall not be required to be an elector or resident of the
Town of Wappinger in order to hold and serve such position.
Section IV: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not
affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of
this Local Law or their application to other persons or circumstances. It is hereby declared to be the
legislative intent that this Local Law would have been adopted if such illegal, invalid or
unconstitutional provision, clause, sentence, subsection, word or part had not been included therein,
and if such person or circumstance to which the Local Law or part thereof is held inapplicable had
been specifically exempt therefrom.
2
Section V: Supersession.
Pursuant to Municipal Home Rule Law Section 22, the provisions of this Local Law are
intended to supersede any inconsistent or contrary provisions contained in the New York State
Constitution or in Town Law Sections 20 and 23, or Public Officers Law Section 3.
Section VI: Effective Date.
This Local Law shall take effect immediately upon adoption and filing with the Secretary of
State as provided by the Municipal Home Rule Law.
C