HomeMy WebLinkAboutLL#1 of 2022 Residency of Deputy Public Officers
TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK
LOCAL LAW NUMBER 1 OF 2022
A LOCAL LAW TO ESTABLISH THE RESIDENCY REQUIREMENTS OF CERTAIN
APPOINTED PUBLIC OFFICERS FOR THE TOWN OF LANSING.
Be it enacted by the town board of the Town of Lansing, in the County of Tompkins, as follows:
SECTION 1. TITLE: A local law to establish the residency requirements for the appointed offices of
Deputy Town Clerks, Deputy Highway Superintendent, and Code Officer (Code Officer, as a term
used herein, shall also mean the code enforcement officer and building inspector, including as such
terms are used in the Executive Law and Town Law § 138).
SECTION II. AUTHORITY: This local law is adopted pursuant to Municipal Home §10[1][ii][a][1]
that grants to local governments the authority to enact local laws regarding the qualifications of local
officers. Furthermore, this local law recognizes that the State Legislature amended Public Officers Law,
§3 adding a new subdivision (24) expanding the residency requirements for any appointed public office
in the Town of Greenburgh, Westchester County, thereby rendering Public Officers Law a special law
with respect to any appointed officer (Cf., N.Y. Op. Atty. Gen. (Inf.) No. 91-37).
SECTION III. SUPERSESSION: This local law shall supersede Town Law § 23(1) in its application to
the offices of Deputy Town Clerks, Deputy Highway Superintendent, and the Code Officer for the
Town of Lansing. This local law shall further supersede such provisions of appointment, vacancy, re-
appointment, and the holding of a public office as are set forth in Public Officers Law § 3 et seq., but
only to the minimum extent necessary to give effect to this local law, including so as to not displace
existing employees of the town. Any current public officer who holds office but, due to residency or
relocation is or was not qualified to hold such office, be and hereby is reappointed, and any such
affected officer shall promptly re-take the oath of office. All employees and officers of the Town of
Lansing are authorized to give and take oaths of office, and to take such other actions, and prepare,
certify, and file such other documents, as are or may hereafter be convenient or necessary to carry into
effect the intent, terms, and provisions of this local law.
SECTION IV. RESIDENCY REQUIREMENTS FOR THE POSITIONS OF DEPUTY CLERKS,
DEPUTY HIGHWAY SUPERINTENDENT, AND CODE OFFICER FOR THE TOWN OF
LANSING: The persons holding the offices of Deputy Clerks, Deputy Highway Superintendents, or
Code Officers in the Town of Lansing need not be a resident nor an elector of the Town of Lansing,
provided, however, that each such person shall reside in Tompkins County, or within any adjoining
county within the State of New York.
SECTION V. INCONSISTENCY: All other local laws and ordinances of the Town of Lansing that are
inconsistent with the provisions of this local law are hereby repealed; provided however, that such
repeal shall only be to the extent of such inconsistency, and in all other respects this local law shall be
in addition to such other local laws or ordinances regulating and governing the subject matter covered
by this local law.
SECTION VI. SAVINGS CLAUSE: If any clause, sentence, paragraph, word, section, or part of this
local law shall 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 of the clause, sentence, paragraph, worked section or part thereof directly
involved in the controversy in which such judgement shall have been rendered.
SECTION VII. EFFECTIVE DATE: This local law shall take effect immediately upon adoption.