Thursday April 8, 2021 – Public Hearing on Proposed Local Law #1 of 2021
A Public Hearing will be held in the Town of Brighton Town Hall ( 12 County Route 31, Jones Pond Road )
on Thursday April 8, 2021 beginning at 7 pm regarding:
Proposed Local Law Number One of the year 2021.
Deputy Highway Superintendent
Section 1. Title.
The title of this article is a local law to establish the residency requirements for the appointed office of Deputy Highway Superintendent.
Section 2. Authority.
This article is adopted pursuant to Municipal Home Rule Law ß 10[ii][a] 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 ß 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 Town officer [see cf N.Y. Op. Atty. Gen. (Inf.) No. 91-37].
Section 3. Supersession.
This article shall supersede Town Law ß 23(1) in its application to the office of Deputy Highway Superintendent for the Town of Brighton.
Section 4. Residency requirements for Deputy Highway Superintendent.
The person holding the office of Deputy Highway Superintendent in the Town of Brighton need not be a resident nor an elector of the Town of Brighton; provided, however, that such person shall reside in Franklin County or Essex County located within the State of New York.
Section 5. Inconsistency.
All other local laws and ordinances of the Town of Brighton that are inconsistent with the provisions of this local law are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency and in all other respects this local law shall be in addition to such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 6. Saving 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 judgment shall have been rendered.
Section 7. Effective Date.
This local law shall take effect immediately upon filing with the Office of the New York State Secretary of State.