§ 3-300 — Eligibility for election or appointment to, and continuance in office

New York § 3-300

• Jurisdiction: New York
• Law VIL: Village
• Art. 3: Officers and Elections

Text

§ 3-300 Eligibility for election or appointment to, and continuance in\noffice. 1. In addition to any other legal requirements or prohibitions,\nno person shall be eligible to be elected or appointed as mayor, trustee\nor member of any board or commission, and, no person, if elected or\nappointed to such office, shall be eligible to continue to serve\ntherein, who is not a citizen of the United States of America, at least\neighteen years of age, and a resident of the village.\n 2. No person shall be eligible to be appointed to or to hold any other\nvillage office who: is not a citizen of the United States; is not at\nleast eighteen years of age; except as may otherwise be provided by law,\nis not a village resident; and, if eligibility to or holding of such\noffice is subject to regulation under the civil service law or any other\nlaw, does not meet the requirements of such law or laws. Notwithstanding\nany other provisions of law to the contrary; (a) the board of trustees\nof a village may provide, in lieu of any other residency requirement\nimposed by law, that any appointed village officer may reside within a\ncounty in which the village is wholly or partially situated, (b) the\nboard of trustees of a village with a population of less than three\nthousand may provide, in lieu of any other residency requirement imposed\nby law, that the village justice may reside within a county in which the\nvillage is wholly or partially situate.\n 3. No person shall simultaneously hold an elective and an appointive\nvillage office except that: not more than two members of the board of\ntrustees may be members of each board and commission; members of the\nboard of trustees may be single commissioners in charge of village\ndepartments except as provided in the zoning article in this chapter.\n 4. Except as is otherwise provided by law, no person shall be\ndisqualified from holding a village office by reason of holding any\npublic office unless such public officer could not fully discharge the\nduties and obligations of the village office while carrying out the\nduties and obligations of any such other office.\n * 5. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Croton-on-Hudson, Westchester\ncounty, may, by resolution, provide that the village clerk of the\nvillage of Croton-on-Hudson, Westchester county, need not be a resident\nof said village but must be a resident of New York state.\n * NB (Expired first Monday of the month following general village\nelection, 1980)\n 6. Notwithstanding any provisions of this chapter or any other general\nlaw, local law, ordinance or special act, the village board of trustees\nof the incorporated village of New Square, Rockland county, may, by\nresolution, provide that the village justice of the village of New\nSquare, Rockland county, need not be a resident of said village but must\nbe a resident of New York state.\n 7. Notwithstanding any provisions of this chapter or any other general\nlaw, local law, ordinance or special act, the village board of trustees\nof the incorporated village of Russell Gardens, Nassau county, may, by\nresolution, provide that the village clerk and deputy clerk of the\nvillage of Russell Gardens, Nassau county, need not be a resident of\nsaid village, but must be a resident of New York state.\n 8. Notwithstanding any provisions of this chapter or any other general\nlaw, local law, ordinance or special act, the village board of trustees\nof the incorporated village of New Paltz, Ulster county, may, by\nresolution, provide that the village clerk-treasurer and deputy\nclerk-treasurer of the village of New Paltz, Ulster county, need not be\na resident of said village, but must be a resident of New York state.\n 9. Notwithstanding any provisions of this chapter or any other general\nlaw, local law, ordinance or special act, the village board of trustees\nof the incorporated village of West Haverstraw, Rockland county, may, by\nresolution, provide that the village clerk, village justice and the\nvillage treasurer of such village, need not be residents of said\nvillage, but must be residents of New York state.\n 10. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Saltaire, Suffolk county, may,\nby resolution, provide that any appointed village officer of the village\nof Saltaire, Suffolk county, need not be a resident of said village, but\nmust be a resident of New York state.\n 11. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Penn Yan, Yates county, may, by\nresolution, provide that the office of justice court clerk of such\nvillage may be held by a person who is not a resident of such village,\nprovided that such person resides in the county of Yates or a county\nwhich adjoins the county of Yates.\n 12. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Arkport, Steuben county, may, by\nresolution, provide that the office of clerk/treasurer of such village\nmay be held by a person who is not a resident of such village, provided\nthat such person resides in the county of Steuben or a county which\nadjoins the county of Steuben.\n 13. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Goshen, Orange county, may, by\nresolution, provide that the office of treasurer of such village may be\nheld by a person who is not a resident of such village, provided that\nsuch person resides within the county in which such village is located\nor in an adjoining county within the state of New York.\n 14. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Aurora, Cayuga county, may, by\nresolution, provide that the office of treasurer of such village may be\nheld by a person who is not a resident of such village, provided that\nsuch person resides within the county in which such village is located\nor in an adjoining county within the state of New York and may, by\nresolution, provide that the office of clerk of such village may be held\nby a person who is not a resident of such village, provided that such\nperson resides within the county in which such village is located or in\nan adjoining county within the state of New York. Provided, however, the\nperson performing the functions of village clerk in any other village\nshall be an elector of such village, unless otherwise provided by an act\nof the state legislature.\n 15. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Islandia, Suffolk county, may,\nby resolution, provide that the office of village justice of such\nvillage may be held by a person who is not a resident of such village,\nprovided that such person resides within the county in which such\nvillage is located or in an adjoining county within the state of New\nYork.\n 16. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Trumansburg, Tompkins county,\nmay, by resolution, provide that the village clerk-treasurer and deputy\nclerk of the village of Trumansburg, Tompkins county, need not be a\nresident of said village, but must be a resident of New York state,\nprovided that such person resides in the county of Tompkins or in a\ncounty which adjoins the county of Tompkins.\n * 17. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Honeoye Falls, Monroe county,\nmay, by resolution, provide that the code enforcement officer and\nbuilding inspector of the village of Honeoye Falls, Monroe county, need\nnot be a resident of such village, but must be a resident of New York\nstate, provided that such person resides in the county of Monroe or in a\ncounty which adjoins the county of Monroe.\n * NB There are 2 sb 17's\n * 17. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Deposit, Broome and Delaware\ncounties, may, by resolution, provide that the village clerk-treasurer,\ndeputy clerk-treasurer and court clerk of the village of Deposit, Broome\nand Delaware counties, need not be a resident of said village, but must\nbe a resident of one of the counties in which such village is located or\nin an adjoining county within the state of New York.\n * NB There are 2 sb 17's\n 18. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Wellsville, Allegany county,\nmay, by resolution, provide that the office of village justice of such\nvillage may be held by a person who is not a resident of such village,\nprovided that such person resides in the town of Wellsville.\n 19. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance, or special act, the village board of\ntrustees of the incorporated village of Sag Harbor, Suffolk county, may,\nby resolution, provide that the office of village justice of such\nvillage may be held by a person who is not a resident of such village,\nprovided that such person resides within either the town of East Hampton\nor the town of Southampton within Suffolk county.\n 20. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Haverstraw, Rockland county, may\nby resolution, provide that the office of assessor of such village may\nbe held by a person who is not a resident of such village, provided that\nsuch person resides in the counties of Rockland, Westchester, Orange, or\nPutnam.\n 21. Notwithstanding the provisions of this chapter or any other\ngeneral law, local law, ordinance, or special act, the village board of\ntrustees of the incorporated village of West Hampton Dunes, Suffolk\ncounty, may, by resolution, provide that a constable of the incorporated\nvillage of West Hampton Dunes, Suffolk county, need not be a resident of\nsuch village, but must be a resident of the county of Suffolk, state of\nNew York.\n * 22. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the village of Macedon, Wayne county, may, by resolution,\nprovide that the clerk/treasurer of the village of Macedon, Wayne\ncounty, need not be a resident of such village, but must be a resident\nof New York state.\n * NB There are 2 sb 22's\n * 22. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Penn Yan, county of Yates, may,\nby resolution, provide that the office of village clerk-treasurer of\nsuch village may be held by a person who is not a resident of such\nvillage, provided that such person resides in the county of Yates or in\nan adjoining county within the state of New York.\n * NB There are 2 sb 22's\n 23. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the village of Macedon, Wayne county, may, by resolution,\nprovide that the deputy clerk/treasurer of the village of Macedon, Wayne\ncounty, need not be a resident of such village, but must be a resident\nof New York state.\n 24. Notwithstanding the provisions of this chapter or any other\ngeneral law, local law, ordinance, or special act, the village board of\ntrustees of the incorporated village of Victory, Saratoga county, may,\nby resolution, provide that the village clerk-treasurer of the village\nof Victory, Saratoga county, need not be a resident of such village, but\nmust be a resident of the county of Saratoga, state of New York, or of a\ncounty which adjoins the county of Saratoga.\n 25. Notwithstanding the provisions of this chapter or any other\ngeneral law, local law, ordinance, or special act, the village board of\ntrustees of the incorporated village of Victory, Saratoga county, may,\nby resolution, provide that the deputy clerk-treasurer of the village of\nVictory, Saratoga county, need not be a resident of such village, but\nmust be a resident of the county of Saratoga, state of New York, or of a\ncounty which adjoins the county of Saratoga.\n 26. Notwithstanding the provisions of this chapter or any other\ngeneral law, local law, ordinance, or special act, the village board of\ntrustees of the incorporated village of Aurora, Cayuga county, may, by\nresolution, provide that the code enforcement officer of the village of\nAurora, Cayuga county, need not be a resident of such village, but must\nbe a resident of the county of Cayuga, state of New York, or of a county\nwhich adjoins the county of Cayuga.\n * 27. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Fair Haven, Cayuga county, may,\nby resolution, provide that the office of village clerk-treasurer or\ndeputy clerk of such village may be held by a person who is not a\nresident of such village, provided that such person resides in the\ncounty of Cayuga or in an adjoining county within the state of New York.\n * NB There are 2 sb 27's\n * 27. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Mannsville, Jefferson county,\nmay, by resolution, provide that the village clerk of the village of\nMannsville, Jefferson county, need not be a resident of said village,\nbut must be a resident of the county in which such village is located or\nan adjoining county within the state of New York.\n * NB There are 2 sb 27's\n * 28. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance, or special act, the village board of\ntrustees of the incorporated village of Spring Valley, Rockland county,\nmay, by resolution, provide that the office of village justice of such\nvillage may be held by a person who is not a resident of such village,\nprovided that such person resides within either the town of Ramapo or\nthe town of Clarkstown within Rockland county.\n * NB There are 3 sb 28's\n * 28. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Mount Morris, Livingston county,\nmay, by resolution, provide that the office of court clerk and deputy\nclerk/treasurer of such village need not be a resident of such village,\nprovided that such person resides in the county of Livingston or in an\nadjoining county within the state of New York.\n * NB There are 3 sb 28's\n * 28. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of St. Johnsville, Montgomery\ncounty, may, by resolution, provide that the village clerk/treasurer and\ncode enforcement officer of the village of St. Johnsville, Montgomery\ncounty, need not be a resident of said village, but must be a resident\nof the county in which such village is located or an adjoining county\nwithin the state of New York.\n * NB There are 3 sb 28's\n 29. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance, or special act, the village board of\ntrustees of the incorporated village of Airmont, Rockland county, may,\nby resolution, provide that the office of building inspector, fire\ninspector and code enforcement officers of such village may be held by a\nperson who is not a resident of such village, provided that such person\nresides within Rockland county or an adjoining county within the state\nof New York.\n 30. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance, or special act, the village board of\ntrustees of the incorporated village of Riverside, Steuben county, may,\nby resolution, provide that the village clerk/treasurer and code\nenforcement officer of the village of Riverside, Steuben county, need\nnot be a resident of such village, but must be a resident of the county\nin which such village is located or an adjoining county within the state\nof New York.\n * 31. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance, or special act, the village board of\ntrustees of the incorporated village of Buchanan, Westchester county,\nmay, by resolution, provide that the office of building inspector, fire\ninspector and code enforcement officers of such village, may be held by\na person who is not a resident of such village, provided that such\nperson resides within Westchester county or an adjoining county within\nthe state of New York.\n * NB There are 2 sb 31's\n * 31. Notwithstanding any provisions of this chapter or any other\nchapter, general law, local law, ordinance, or special act, the village\nboard of trustees of the incorporated village of Northville, Fulton\ncounty, may, by resolution, provide that the office of treasurer,\nvillage clerk, and code enforcement officer of such village may be held\nby a person who is not a resident of such village, provided that such\nperson resides within Fulton county or an adjoining county within the\nstate of New York.\n * NB There are 2 sb 31's\n * 32. Notwithstanding any provisions of this chapter or any other\nchapter, general law, local law, ordinance, or special act, the village\nboard of trustees of the village of Scarsdale, Westchester county, may,\nby resolution, provide that the office of court clerk, building\ninspector, assistant building inspector, village clerk, assistant\nvillage clerk, village treasurer, assistant village treasurer, assessor,\nvillage engineer, or village planner of such village may be held by a\nperson who is not a resident of such village, provided that such person\nresides within Westchester county or an adjoining county within the\nstate of New York, except that the village treasurer may also reside\nwithin Dutchess county.\n * NB There are 3 sb 32's\n * 32. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Voorheesville, Albany county,\nmay, by resolution, provide that the office of clerk, treasurer,\nclerk-treasurer, deputy clerk, deputy clerk treasurer, and building\ninspector of the village of Voorheesville, Albany county, need not be a\nresident of such village, but must be a resident of the county in which\nsuch village is located or an adjoining county within the state of New\nYork.\n * NB There are 3 sb 32's\n * 32. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Chestnut Ridge, Rockland county,\nmay, by resolution, provide that the village justice of the village of\nChestnut Ridge, Rockland county, may be held by a person who is not a\nresident of such village, provided that such person resides within\nRockland county.\n * NB There are 3 sb 32's\n * 33. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance, or special act, the village board of\ntrustees of the incorporated village of Maybrook, Orange county, may, by\nresolution, provide that the office of village justice of such village\nmay be held by a person who is not a resident of such village, provided\nthat such person resides within either the town of Montgomery or the\ntown of Hamptonburgh within Orange county.\n * NB There are 4 sb 33's\n * 33. Notwithstanding any provisions of this chapter or other general\nlaw, local law, ordinance, or special act, the village board of trustees\nof the incorporated village of Laurel Hollow, in the county of Nassau,\nmay, by resolution, provide that the office of village justice and/or\nassociate justice of such village may be held by a person who is not a\nresident of such village, provided that such person resides within the\ncounty of Nassau or the town of Huntington, in the county of Suffolk.\n * NB There are 4 sb 33's\n * 33. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance, or special act, the village board of\ntrustees of the incorporated village of Cold Spring, county of Putnam,\nmay, by resolution, provide that the village clerk/treasurer and the\ndeputy clerk of the village of Cold Spring, Putnam county, need not be\nresidents of such village, but shall be residents in the county in which\nsuch village is located or an adjoining county within the state of New\nYork. Provided, however, the person performing the functions of village\nclerk/treasurer in any other village shall be a resident of such\nvillage, unless otherwise provided by an act of the state legislature.\n * NB There are 4 sb 33's\n * 33. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance, or special act, the village board of\ntrustees of the incorporated village of Otisville, Orange county, may,\nby resolution, provide that the village clerk/treasurer and deputy\nvillage clerk/treasurer of the village of Otisville, Orange county, need\nnot be residents of such village, but must be residents in the county in\nwhich such village is located or an adjoining county within the state of\nNew York. Provided, however, the person performing the functions of\nvillage clerk/treasurer and deputy village clerk/treasurer in any other\nvillage shall be a resident of such village, unless otherwise provided\nby an act of the state legislature.\n * NB There are 4 sb 33's\n 34. Notwithstanding any provisions of this chapter or other general\nlaw, local law, ordinance, or special act, the village board of trustees\nof the incorporated village of Cayuga Heights, in the county of\nTompkins, may, by resolution, provide that the office of village justice\nand/or associate justice of such village may be held by a person who is\nnot a resident of such village, provided that such person resides within\nthe county of Tompkins.\n 35. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance, or special act, the village board of\ntrustees of the incorporated village of Portville, Cattaraugus county,\nmay, by resolution, provide that the village clerk/treasurer of the\nvillage of Portville, Cattaraugus county, need not be residents of such\nvillage, but must be residents in the county in which such village is\nlocated or an adjoining county within the state of New York. Provided,\nhowever, the person performing the functions of village clerk/treasurer\nin any other village shall be a resident of such village, unless\notherwise provided by an act of the state legislature.\n * 36. Notwithstanding any provisions of this chapter or any other\nchapter, general law, local law, ordinance, or special act, the village\nboard of trustees of the village of Croton-on-Hudson, Westchester\ncounty, may, by resolution, provide that the office of assistant village\nengineer of such village may be held by a person who is not a resident\nof such village, provided that such person resides within Westchester\ncounty, an adjoining county within the state of New York, or within\nDutchess county.\n * NB There are 2 sb 36's\n * 36. Notwithstanding any provisions of this chapter or any other\ngeneral law, local law, ordinance or special act, the village board of\ntrustees of the incorporated village of Baxter Estates, Nassau county,\nmay, by resolution, provide that the office of village clerk-treasurer\nor deputy clerk of such village may be held by a person who is not a\nresident of such village, provided that such person resides in the\ncounty of Nassau or in an adjoining county within the state of New York.\n * NB There are 2 sb 36's\n