N.Y. Village Law § 3-300 Eligibility For Election Or Appointment To, and Continuance In Office

LibraryNew York Statutes
Edition2023
CurrencyCurrent through 2023 NY Law Chapter 777
Year2023
CitationN.Y. Village Law § 3-300

1. In addition to any other legal requirements or prohibitions, no person shall be eligible to be elected or appointed as mayor, trustee or member of any board or commission, and, no person, if elected or appointed to such office, shall be eligible to continue to serve therein, who is not a citizen of the United States of America, at least eighteen years of age, and a resident of the village.

2. No person shall be eligible to be appointed to or to hold any other village office who: is not a citizen of the United States; is not at least eighteen years of age; except as may otherwise be provided by law, is not a village resident; and, if eligibility to or holding of such office is subject to regulation under the civil service law or any other law, does not meet the requirements of such law or laws. Notwithstanding any other provisions of law to the contrary; (a) the board of trustees of a village may provide, in lieu of any other residency requirement imposed by law, that any appointed village officer may reside within a county in which the village is wholly or partially situated, (b) the board of trustees of a village with a population of less than three thousand may provide, in lieu of any other residency requirement imposed by law, that the village justice may reside within a county in which the village is wholly or partially situate.

3. No person shall simultaneously hold an elective and an appointive village office except that: not more than two members of the board of trustees may be members of each board and commission; members of the board of trustees may be single commissioners in charge of village departments except as provided in the zoning article in this chapter.

4. Except as is otherwise provided by law, no person shall be disqualified from holding a village office by reason of holding any public office unless such public officer could not fully discharge the duties and obligations of the village office while carrying out the duties and obligations of any such other office.

6. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of New Square, Rockland county, may, by resolution, provide that the village justice of the village of New Square, Rockland county, need not be a resident of said village but must be a resident of New York state.

7. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Russell Gardens, Nassau county, may, by resolution, provide that the village clerk and deputy clerk of the village of Russell Gardens, Nassau county, need not be a resident of said village, but must be a resident of New York state.

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