Judges: JAMES D. COLE, Assistant Attorney General
Filed Date: 3/10/1997
Status: Precedential
Modified Date: 7/5/2016
Timothy J. Lawliss, Esq. Informal Opinion Town Attorney No. 97-11 Town of Beekmantown 162 Margaret Street Plattsburgh, N Y 12901-1838
Dear Mr. Lawliss:
You have asked whether a town may pass a local law requiring that the town attorney be a resident of the county, rather than a resident of the town.
In responding to your inquiry, we start with Town Law provisions which provide that the town board of any town may establish the office of town attorney. Town Law §
You have informed us that there are resident attorneys in the Town of Beekmantown. Therefore, Town Law §
We next note that section
You have indicated that your town has established the office of town attorney and your inquiry is whether the town board may enact a local law broadening the required residency for this office from the town to the county in which the town is located. In our view, your town may enact such a local law. 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. N Y Const, Art
For home rule purposes, a "general law" 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 §
Under home rule authority, since section 3 no longer is a general law with respect to the residency of appointed town officers, any other town may enact a local law inconsistent with its provisions establishing a residency for an appointed town office at least as broad as the residency established for appointed officers of the Town of Greenburgh.
Therefore, your town may enact a local law establishing the county in which the town is located as the required residency for the town attorney. We have applied this reasoning in several prior opinions of this office. Op Atty Gen (Inf) Nos. 91-37; 89-14; 88-27; 87-32. In adopting a local law changing or superseding any State statute, the local legislative body should keep in mind that it is required to specify the provision it intends to change or supersede. Municipal Home Rule Law §
We note that section
We conclude that a town by local law may broaden the required residency for the town attorney to the county in which the town is located.
The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office.
Very truly yours,
JAMES D. COLE
Assistant Attorney General in Charge of Opinions