§ 23 — Eligibility of town officers

New York § 23

• Jurisdiction: New York
• Law TWN: Town
• Art. 3: Town Officers, Powers, Duties and Compensation

Text

§ 23. Eligibility of town officers. 1. Every elective officer of the\ntown at the time of his election and throughout his term of office,\nshall be an elector of the town. Every other officer of the town at the\ntime of his appointment and throughout his term of office shall be an\nelector of the town except that: (a) in towns having no resident\nattorney, the town attorney and such counsel as may be employed need not\nbe electors; and\n (b) in towns having no resident engineer and in the towns of Mount\nPleasant, Westchester county, North Castle, Westchester county,\nLewisboro, Westchester county, Somers, Westchester county, Carmel,\nPutnam county, and Ithaca, Tompkins county, the town engineer and such\nconsultant engineers as may be employed need not be electors; and\n (c) in the towns of North Castle, Westchester county, North Salem,\nLewisboro and Pound Ridge, Westchester county, the town building\ninspector and such deputy building inspectors as may be employed need\nnot be electors; and\n (d) in the town of Lewisboro, Westchester county, the town wetlands\ninspector need not be an elector; and\n (e) in the towns of Carmel and Patterson, Putnam county, the town\nwetlands inspector need not be an elector; and\n (f) in the town of Hamlin, Monroe county, the court clerk need not be\nan elector; and\n (g) in towns participating in a shared town justice agreement pursuant\nto section one hundred six-b of the uniform justice court act, a town\njustice may be an elector of any town participating in such an\nagreement.\n No county treasurer, district superintendent of schools, or trustee of\na school district shall be eligible to the office of supervisor.\n 2. Notwithstanding the provisions of subdivision one of this section,\nin the town of New Castle, Westchester county, and in the town of\nBolivar, Allegany county, the person performing the functions of town\nsuperintendent of highways need not be an elector of such town.\nProvided, further, that in the town of Pound Ridge, Westchester county,\nthe person performing the functions of town superintendent of highways\nand such deputies as may be employed need not be electors of such town.\n 3. Notwithstanding the provisions of subdivision one of this section,\nin the town of Mount Pleasant, Westchester county, the persons\nperforming the functions of comptroller and building inspector need not\nbe electors of such town.\n 4. Notwithstanding the provisions of subdivision one of this section,\nin the town of Sweden, Monroe county, the person performing the\nfunctions of court clerk need not be an elector of such town.\n 5. Notwithstanding the provisions of subdivision one of this section,\nin the town of Ogden, Monroe county, the person performing the functions\nof court clerk need not be an elector of such town.\n 6. Notwithstanding the provisions of subdivision one of this section,\nin the town of North East, Dutchess county, the person performing the\nfunctions of the town engineer need not be an elector of such town.\n 7. Notwithstanding the provisions of subdivision one of this section,\nin the town of Independence, Allegany county, the person performing the\nfunctions of town justice need not be an elector of such town. Provided,\nhowever, the person performing the functions of town justice in any\nother town shall be an elector of such town, unless otherwise provided\nby an act of the state legislature.\n 8. Notwithstanding the provisions of subdivision one of this section,\nin the town of Grove, Allegany county, the person performing the\nfunctions of town justice need not be an elector of such town. Provided,\nhowever, the person performing the functions of town justice in any\nother town shall be an elector of such town unless otherwise provided by\nan act of the state legislature.\n * 9. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Birdsall, Allegany county, the person performing\nthe functions of town justice need not be an elector of such town.\nProvided, however, the person performing the functions of town justice\nin any other town shall be an elector of such town unless otherwise\nprovided by an act of the state legislature.\n * NB There are 2 sub 9's\n * 9. Notwithstanding the provisions of subdivision one of this\nsection, in the town of West Union, Steuben county, the person\nperforming the functions of town justice need not be an elector of such\ntown. Provided, however, the person performing the functions of town\njustice in any other town shall be an elector of such town, unless\notherwise provided by an act of the state legislature.\n * NB There are 2 sub 9's\n * 10. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Granger, Allegany county, the person performing\nthe functions of town justice need not be an elector of such town.\nProvided, however, the person performing the functions of town justice\nin any other town shall be an elector of such town unless otherwise\nprovided by an act of the state legislature.\n * NB There are 3 sub 10's\n * 10. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Somers, Westchester county, the person\nperforming the functions of the town building inspector need not be an\nelector of such town. Provided, however, the person performing the\nfunctions of town building inspector in any other town shall be an\nelector of such town, unless otherwise provided by an act of the state\nlegislature.\n * NB There are 3 sub 10's\n * 10. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Pound Ridge, Westchester county, the person\nperforming the functions of town superintendent of highways need not be\nan elector of such town. Provided, however, the person performing the\nfunctions of town superintendent of highways in any other town shall be\nan elector of such town, unless otherwise provided by an act of the\nstate legislature.\n * NB There are 3 sub 10's\n * 11. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Somers, Westchester county, the person\nperforming the functions of the court clerk need not be an elector of\nsuch town. Provided, however, the person performing the functions of\ncourt clerk in any other town shall be an elector of such town, unless\notherwise provided by an act of the state legislature.\n * NB There are 2 sub 11's\n * 11. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Pound Ridge, Westchester county, the person\nperforming the functions of town building inspector need not be an\nelector of such town. Provided, however, the person performing the\nfunctions of town building inspector in any other town shall be an\nelector of such town, unless otherwise provided by an act of the state\nlegislature.\n * NB There are 2 sub 11's\n 12. Notwithstanding the provisions of subdivision one of this section,\nin the town of Pound Ridge, Westchester county, the person performing\nthe functions of deputy building inspector need not be an elector of\nsuch town. Provided, however, the person performing the functions of\ndeputy building inspector in any other town shall be an elector of such\ntown, unless otherwise provided by an act of the state legislature.\n 13. Notwithstanding the provisions of subdivision one of this section,\nin the town of Ogden, Monroe county, the person performing the functions\nof town building inspection and code enforcement officer need not be an\nelector of such town. Provided, however, the person performing the\nfunctions of building inspection and code enforcement officer in any\nother town shall be an elector of such town, unless otherwise provided\nby law.\n * 14. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Hamlin, Monroe county, the person performing the\nfunctions of town building inspector/code enforcement officer need not\nbe an elector of such town. Provided, however, the person performing the\nfunctions of town building inspector/code enforcement officer in any\nother town shall be an elector of such town, unless otherwise provided\nby an act of the state legislature.\n * NB There are 2 sub 14's\n * 14. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Clarkson, in the county of Monroe, the person\nperforming the functions of building inspector need not be an elector of\nsuch town. Provided, however, the person performing the functions of\nbuilding inspector in any other town shall be an elector of such town,\nunless otherwise provided by law.\n * NB There are 2 sub 14's\n * 15. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Hamlin, Monroe county, the person performing the\nfunctions of town fire marshall need not be an elector of such town.\nProvided, however, the person performing the functions of town fire\nmarshall in any other town shall be an elector of such town, unless\notherwise provided by an act of the state legislature.\n * NB There are 2 sub 15's\n * 15. Notwithstanding the provisions of subdivision one of the\nsection, in the town of Clarkson, in the county of Monroe, the person\nperforming the functions of code enforcement officer need not be an\nelector of such town. Provided, however, the person performing the\nfunctions of code enforcement officer in any other town shall be an\nelector of such town, unless otherwise provided by law.\n * NB There are 2 sub 15's\n 16. Notwithstanding the provisions of subdivision one of this section,\nin the town of Andover, in the county of Allegany, the person performing\nthe functions of town justice need not be an elector of such town.\nProvided, however, the person performing the functions of town justice\nin any other town shall be an elector of such town unless otherwise\nprovided by law.\n 17. Notwithstanding the provisions of subdivision one of this section,\nin the town of Colesville, in the county of Broome, the person\nperforming the functions of court clerk need not be an elector of such\ntown. Provided, however, the person performing the functions of court\nclerk in any other town shall be an elector of such town unless\notherwise provided by law.\n * 18. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Copake, in the county of Columbia, the persons\nperforming the functions of court clerk and deputy court clerk need not\nbe electors of such town. Provided, however, the persons performing the\nfunctions of court clerk and deputy court clerk in any other town shall\nbe an elector of such town unless otherwise provided by law.\n * NB There are 4 sub 18's\n * 18. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Barker, in the county of Broome, the person\nperforming the functions of court clerk need not be an elector of such\ntown. Provided, however, the person performing the functions of court\nclerk in any other town shall be an elector of such town unless\notherwise provided by law.\n * NB There are 4 sub 18's\n * 18. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Maine, in the county of Broome, the person\nperforming the functions of building inspector/code enforcement officer\nneed not be an elector of such town. Provided, however, the person\nperforming the functions of building inspector/code enforcement in any\nother town shall be an elector of such town unless otherwise provided by\nlaw.\n * NB There are 4 sub 18's\n * 18. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Nanticoke, in the county of Broome, the person\nperforming the functions of court clerk need not be an elector of such\ntown. Provided, however, the person performing the functions of court\nclerk in any other town shall be an elector of such town unless\notherwise provided by law.\n * NB There are 4 sub 18's\n * 19. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Kirkwood, in the county of Broome, the person\nperforming the functions of court clerk need not be an elector of such\ntown. Provided, however, the person performing the functions of court\nclerk in any other town shall be an elector of such town unless\notherwise provided by law.\n * NB There are 2 sub 19's\n * 19. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Big Flats, in the county of Chemung, persons\nperforming the functions of assessor, town attorney and director of\nbuilding inspection/code enforcement office need not be an elector of\nsuch town. Provided, however, persons performing such functions or\nholding such offices in any other town shall be electors of such town\nunless otherwise provided by law.\n * NB There are 2 sub 19's\n 20. Notwithstanding the provisions of subdivision one of this section,\nin the town of Maine, in the county of Broome, the person performing the\nfunctions of court clerk need not be an elector of such town. Provided,\nhowever, the person performing the functions of court clerk in any other\ntown shall be an elector of such town unless otherwise provided by law.\n 21. Notwithstanding the provisions of subdivision one of this section,\nin the town of Wellsville, in the county of Allegany, the persons\nperforming the functions of town justice need not be electors of such\ntown. Provided, however, the persons performing the functions of town\njustice in any other town shall be electors of such town unless\notherwise provided by law.\n 22. Notwithstanding the provisions of subdivision one of this section,\nin the town of Gerry, in the county of Chautauqua, the person performing\nthe functions of court clerk need not be an elector of such town.\nProvided, however, the person performing the functions of court clerk in\nany other town shall be an elector of such town, unless otherwise\nprovided by law.\n * 23. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Willing, in the county of Allegany, the persons\nperforming the functions of town justice need not be electors of such\ntown. Provided, however, the persons performing the functions of town\njustice in any other town shall be electors of such town unless\notherwise provided by law.\n * NB There are 3 sub 23's\n * 23. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Windsor, in the county of Broome, the person\nholding the position of clerk to justice need not be an elector of such\ntown. Provided, however, the person holding the position of clerk to\njustice in any other town shall be an elector of such town, unless\notherwise provided by law.\n * NB There are 3 sub 23's\n * 23. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Windsor, in the county of Broome, the person\nperforming the functions of the town building inspector and code\nenforcement officer need not be an elector of such town. Provided,\nhowever, the person performing the functions of town building inspector\nin any other town shall be an elector of such town, unless otherwise\nprovided by an act of the state legislature.\n * NB There are 3 sub 23's\n * 24. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Benson, in the county of Hamilton, the persons\nperforming the functions of town justice need not be electors of such\ntown. Provided, however, the persons performing the functions of town\njustice in any other town shall be electors of such town unless\notherwise provided by law.\n * NB There are 2 sub 24's\n * 24. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Genesee, in the county of Allegany, the persons\nperforming the functions of town justice need not be electors of such\ntown. Provided, however, the persons performing the functions of town\njustice in any other town shall be electors of such town unless\notherwise provided by law.\n * NB There are 2 sub 24's\n * 25. Notwithstanding subdivision one of this section, in the town of\nFishkill, Dutchess county, the person performing the function of\ncomptroller need not be an elector of such town. Provided, however, the\nperson performing the functions of comptroller in any other town shall\nbe an elector of such town, unless otherwise provided by an act of the\nstate legislature.\n * NB There are 2 sb 25's\n * 25. Notwithstanding subdivision one of this section, in the town of\nCambria, Niagara county, the person performing the functions of building\ninspector need not be an elector of such town. Provided, however, the\nperson performing the functions of building inspector in any other town\nshall be an elector of such town, unless otherwise provided by an act of\nthe state legislature.\n * NB There are 2 sb 25's\n * 26. Notwithstanding the provisions of subdivision one of this\nsection, the town of Kirkwood, in the county of Broome, the person\nperforming the functions of town code enforcement officer/building\ninspector need not be an elector of such town. Provided, however, the\npersons performing the functions of town code enforcement\nofficer/building inspector in any other town shall be electors of such\ntown unless otherwise provided by law.\n * NB There are 3 sb 26's\n * 26. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Piercefield, in the county of St. Lawrence, the\npersons performing the functions of town justice need not be electors of\nsuch town. Provided, however, the persons performing the functions of\ntown justice in any other town shall be electors of such town unless\notherwise provided by law.\n * NB There are 3 sb 26's\n * 26. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Lyndon, in the county of Cattaraugus, the\npersons performing the functions of town justice need not be electors of\nsuch town. Provided, however, the persons performing the functions of\ntown justice in any other town shall be electors of such town unless\notherwise provided by law.\n * NB There are 3 sb 26's\n 27. Notwithstanding the provisions of subdivision one of this section,\nthe town of Kirkwood, in the county of Broome, the person performing the\nfunctions of code officer need not be an elector of such town. Provided,\nhowever, the persons performing the functions of code officer in any\nother town shall be electors of such town unless otherwise provided by\nlaw.\n * 28. Notwithstanding subdivision one of this section, in the town of\nWheatfield, Niagara county, the person performing the functions of\nbuilding inspector need not be an elector of such town. Provided,\nhowever, the person performing the functions of building inspector in\nany other town shall be an elector of such town, unless otherwise\nprovided by an act of the state legislature.\n * NB There are 3 sb 28's\n * 28. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Conklin, in the county of Broome, the person\nperforming the functions of town building inspector and code enforcement\nofficer need not be an elector of such town. Provided, however, the\nperson performing the functions of building inspector and code\nenforcement officer in any other town shall be an elector of such town,\nunless otherwise provided by law.\n * NB There are 3 sb 28's\n * 28. Notwithstanding subdivision one of this section, in the town of\nWallkill, Orange county, the person performing the function of\ncomptroller need not be an elector of such town. Provided, however, the\nperson performing the functions of comptroller in any other town shall\nbe an elector of such town, unless otherwise provided by an act of the\nstate legislature.\n * NB There are 3 sb 28's\n 29. Notwithstanding the provisions of subdivision one of this section,\nin the town of Lewis, Lewis county, the person performing the function\nof town justice, need not be an elector of such town. Provided, however,\nthe person performing the function of town justice in any other town\nshall be an elector of such town, unless otherwise provided by an act of\nthe state legislature.\n * 30. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Allen, in the county of Allegany, the person\nperforming the function of town justice, need not be an elector of such\ntown. Provided, however, the person performing the function of town\njustice in any other town shall be an elector of such town, unless\notherwise provided by an act of the state legislature.\n * NB There are 2 sb 30's\n * 30. Notwithstanding the provisions of subdivision one of this\nsection, in the town of LaGrange, in the county of Dutchess, the person\nperforming the functions of the building inspector, comptroller and\nadministrator of public works need not be an elector of such town.\nProvided, however, the person performing the functions of the building\ninspector, comptroller and administrator of public works in any other\ntown shall be an elector of such town, unless otherwise provided by an\nact of the state legislature.\n * NB There are 2 sb 30's\n * 31. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Wallkill, in the county of Orange, the persons\nperforming the functions of town building inspector and code enforcement\nofficer need not be electors of such town. Provided, however, the\npersons performing the functions of building inspector and code\nenforcement officer in any other town shall be electors of such town,\nunless otherwise provided by law.\n * NB There are 3 sb 31's\n * 31. Notwithstanding subdivision one of this section, in the town of\nBoylston, Oswego county, the person performing the function of town\njustice need not be an elector of such town. Provided, however, the\nperson performing the function of town justice in any other town shall\nbe an elector of such town, unless otherwise provided by an act of the\nstate legislature.\n * NB There are 3 sb 31's\n * 31. Notwithstanding subdivision one of this section, in the town of\nSomers, in the county of Westchester, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the office of\nassistant court clerk of the town of Somers, provided that such person\nresides in the county in which such town is located or Putnam county.\nProvided, however, the person performing the functions of assistant\ncourt clerk in any other town shall be a resident of such town, unless\notherwise provided by an act of the state legislature.\n * NB There are 3 sb 31's\n * 32. Notwithstanding subdivision one of this section, in the town of\nWilson, Niagara county, the person performing the function of building\ninspector need not be an elector of such town. Provided, however, the\nperson performing the function of building inspector in any other town\nshall be an elector of such town, unless otherwise provided by an act of\nthe state legislature.\n * NB There are 3 sb 32's\n * 32. Notwithstanding subdivision one of this section, in the town of\nSodus, Wayne County, the person performing the functions of court clerk\nneed not be an elector of such town. Provided, however, the person\nperforming the functions of court clerk in any other town shall be an\nelector of such town, unless otherwise provided by an act of the state\nlegislature.\n * NB There are 3 sb 32's\n * 32. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Putnam Valley, Putnam County, the persons\nperforming the functions of the building inspector/code enforcement\nofficer and assistant/deputy building inspector/code enforcement officer\nneed not be electors of such town. Provided, however, the persons\nperforming the functions of the building inspector/code enforcement\nofficer and assistant/deputy building inspector/code enforcement officer\nin any other town shall be electors of such town, unless otherwise\nprovided by an act of the state legislature.\n * NB There are 3 sb 32's\n * 33. Notwithstanding subdivision one of this section, in the town of\nSomers, in the county of Westchester, the provisions of this section\nrequiring a person to be a resident of the political subdivision or\nmunicipal corporation of the state for which he or she shall be chosen\nor within which his or her official functions are required to be\nexercised, shall not prevent a person from holding the position of court\nattendant for the town of Somers, provided that such person resides in\nthe county in which such town is located. Provided, however, the person\nperforming the functions of court attendant in any other town shall be a\nresident of such town, unless otherwise provided by an act of the state\nlegislature.\n * NB There are 2 sb 33's\n * 33. Notwithstanding subdivision one of this section, in the town of\nPavilion, Genesee county, the person performing the function of town\nsuperintendent of highways or town engineer need not be an elector of\nsuch town, provided that such person is an elector in an adjoining town\nor village within an adjoining town within the state. Provided, however,\nthe person performing the function of town superintendent of highways or\ntown engineer in any other town shall be an elector of such town, unless\notherwise provided by an act of the state legislature.\n * NB There are 2 sb 33's\n 34. Notwithstanding the provisions of subdivision one of this section,\nin the town of Angelica, in the county of Allegany, the person\nperforming the function of town justice, need not be an elector of such\ntown. Provided, however, the person performing the function of town\njustice in any other town shall be an elector of such town, unless\notherwise provided by an act of the state legislature.\n 35. Notwithstanding the provisions of subdivision one of this section,\nin the town of Van Etten, in the county of Chemung, the person\nperforming the function of town justice, need not be an elector of such\ntown. Provided, however, the person performing the function of town\njustice in any other town shall be an elector of such town, unless\notherwise provided by an act of the state legislature.\n 36. Notwithstanding the provisions of subdivision one of this section,\nin the town of Chester, Orange county, the person performing the\nfunction of comptroller or building inspector need not be an elector of\nsuch town, provided that such person resides in the county in which such\ntown is located. Provided, however, the person performing the function\nof comptroller or building inspector in any other town shall be an\nelector of such town, unless otherwise provided by an act of the state\nlegislature.\n * 37. Notwithstanding subdivision one of this section, in the town of\nPendleton, Niagara county, the person performing the function of\nbuilding inspector need not be an elector of such town. Provided,\nhowever, the person performing the function of building inspector in any\nother town shall be an elector of such town, unless otherwise provided\nby an act of the state legislature.\n * NB There are 3 sb 37's\n * 37. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Harrison, in the county of Westchester, the\nperson performing the function of assistant court clerk or fire marshal,\nneed not be an elector of such town. Provided, however, the person\nperforming the function of assistant court clerk or fire marshal in any\nother town shall be an elector of such town, unless otherwise provided\nby an act of the state legislature.\n * NB There are 3 sb 37's\n * 37. Notwithstanding the provisions of subdivision one of this\nsection, in the town of Montour, in the county of Schuyler, the person\nperforming the function of town justice, need not be an elector of such\ntown. Provided, however, the person performing the function of town\njustice in any other town shall be an elector of such town, unless\notherwise provided by an act of the state legislature.\n * NB There are 3 sb 37's\n