NYCL AGO 95-5.

• Case Date: February 02, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-5. February 2, 1995Informal Opinion No. 95-5Wayne A. Gavioli, Esq. Town Attorney Town of Orangetown Town Hall Orangeburg, NY 10 962NY CONST, ART IX, § 2(c)(1); MUNICIPAL HOME RULE LAW §§ 2(5), 10(1)(ii)(a)(1), 22(1); PUBLIC OFFICERS LAW §§ 3(1), 3(24), 30(1)(d).A town by local law may establish the State of New York as the residency required for an appointive town officer.Dear Mr. Gavioli: You have indicated that the director of the town's Office of Building, Zoning, Planning, Administration and Enforcement has resigned and you would like the flexibility to appoint a replacement who lives outside of the town, anywhere in the State of New York. Under section 3(1) of the Public Officers Law, to be eligible to hold a local public office a person must reside in the political subdivision or municipal corporation of the State for which he or she is to be chosen, or within which the electors electing him or her reside, or within which his or her official functions are required to be exercised. An appointed officer of a town must reside within the town at the time of his or her appointment and during his or her tenure in office. Public Officers Law §§ 3(1), 30(1)(d). We believe, however, that a town may enact a local law establishing the State of New York as the residency required for any appointive town office. Local governments are authorized to adopt and amend local laws, consistent with the Constitution and general State laws, in relation to the qualifications of their officers and employees. NY Const, Art IX, § 2(c)(1); Municipal Home Rule Law § 10(1)(ii)(a)(1). Residency requirements are "qualifications" within the meaning of these provisions. 1983 Op Atty Gen (Inf) 116. A "general law", for home rule purposes, is a State statute which in terms and in effect applies alike to all counties, all counties other than those wholly included within a city, all cities, all towns or all villages. Municipal Home Rule Law § 2(5). The Legislature has amended section 3...