Authorizes the town clerk of the town of Bethany, county of Genesee, to be nonresidents of such town.
Summary
This bill creates a local exception for the Town of Bethany in Genesee County allowing the person serving as town clerk to live outside the town. Under current law, town clerks generally must be electors and residents of the town they serve; this bill would exempt Bethany from those requirements so long as the clerk resides in an adjoining town or village within the same county.
The measure amends both the Town Law and the Public Officers Law to carve out Bethany from statewide residency rules that normally apply to town officers. It preserves the general rule for all other towns unless another act of the Legislature provides a different exception. The bill would take effect immediately upon enactment.
Impact
The bill would modify state law by adding two narrow, town-specific exceptions: one to the Town Law’s elector requirement for town clerks and one to the Public Officers Law’s residency requirement for local officeholders. Its practical effect is limited to the Town of Bethany, permitting the town to appoint or retain a town clerk who lives in a neighboring town or village in Genesee County rather than within Bethany itself. For all other towns, the existing residency and elector requirements remain in place unless separately changed by law.
Sentiment
There is little recorded public or legislative debate in the available materials, and no committee transcript or vote history is provided. Based on the bill’s narrow, local nature and its straightforward language, the measure appears to be administrative rather than controversial, aimed at addressing a specific staffing or eligibility issue in one town. The absence of recorded opposition or recorded votes suggests no documented controversy in the available record.
Contention
The main point of contention, if any, is the departure from the usual rule that local officers should live in the municipality they serve. Supporters would likely view the bill as a practical accommodation for Bethany, while any critics could argue that allowing a nonresident clerk weakens local accountability or the principle of local residency for public office. The bill resolves that issue only for Bethany and leaves the statewide rule intact for other towns.
Authorizes the town justice of the town of West Almond, county of Allegany, to be a nonresident of such town, so long as such person resides in Allegany county.
Authorizes the town justice of the town of West Almond, county of Allegany, to be a nonresident of such town, so long as such person resides in Allegany county.