LL #09-1991Local Law Filin NEW YORK STATE DEPARTMENT OF STATE
g 162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
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Townof .....W.app.i.nger........................................................................................
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Local Law No..........9......................................... of the year 19 ..92..
A local law ..... zt.emptllAg... ir e. Residency Requirement for Position of
(Insert Title)
Deputy Court Clerk in Town of Wappinger Justice Court.
Beit enacted by the ....Takia ... lastax.d.........................................................................................................of the
(Name of Legislative Body)
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F.RX of ....➢!Ise iI� er
Town8H g.........................................................................................................................as follows:
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Section 1. Legislative Intent.
The Town Board acknowledges that Section 23(1) of the Town
Law of the State of New York 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. Additionally, Section 3(8) of the
Public Officers Law provides that those persons appointed to non -
judicial positions in town justice courts shall be a resident of
such town. However, by recent amendment to Section 3 of the Public
Officers Law, the State Legislature has exempted the residency
requirement for any position within the office of court clerk in
the Town of Bedford, and specifically exempting a deputy court
clerk.from the residency requirements thereof.
Section 10 of the Municipal Home Rule Law of the State of
New York authorize a town to adopt by a 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. Town Law Section 20 also authorizes the Town Board
to appoint a clerk of the court upon the "advise and consent" of the
town justices.
Recently, the Town Board has received a request from the
Town Justices seeking to appoint a person who is a non-resident
to the Town of Wappinger to the position of Deputy Court Clerk.
The Town Justices have noted that they know this person to be a
skilled and qualified person having served in a similar capacity
in another municipality in Dutchess County, New York.
The purpose and intent of this Local Law is to enable the
Town Board to appoint a non-resident of the Town of Wappinger to
the position of Deputy Court Clerk.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(l)
Section 2. Exemption of Residency Requirement for
Deputy Court Clerk.
In accordance with the legislative intent noted above, the
person or persons appointed to the position of Deputy Court Clerk
of the Justice Court of the Town of Wappinger shall not be required
to be a resident or elector of the Town of Wappinger in order to
hold and serve such position.
Section 3. Severability.
In the event any portion of this Local Law is'declared to be
unenforceable by a court of competent jurisdiction, all of the
Vftw remaining portions shall continue in full force and effect.
Section 4. Supersession.
This Local Law is intended to supersede any contrary provisions
contained in Town Law Sections 20 and 23, or Public Officers Law
Section 3 (8) .
Section 5. 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.
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