NOTICE OF PUBLIC HEARING
COUNTY OF STEUBEN
LOCAL LAW TENTATIVELY NO. FIVE FOR THE YEAR 2025
NOTICE IS HEREBY GIVEN, that the Steuben County Legislature will hold a Public Hearing at the Steuben County Legislative Chambers, 3rd Floor, Annex Building, Bath, New York on the 15th day of December, 2025, at 10:00 a.m. upon County of Steuben Local Law Tentatively No. Five for the Year 2025, Waiving the Residency Requirement for the Part-Time Senior Assistant County Attorney.
The Legislative Chambers is accessible to persons with disabilities. If special accommodations are needed for persons with disabilities, those with hearing impairments, or those in need of translation from English, those individuals should contact the Clerk of the Legislature's Office at 607-664-2247 at least one week in advance of the hearing date to allow for necessary arrangements.
Said Local Law is fully set forth as follows:
SECTION 1: LEGISLATIVE INTENT
It is the intent of this Local Law to waive the residency requirement for the Steuben County Part-time Senior Assistant County Attorney to allow said individuals to reside in either Steuben County or a county contiguous to Steuben County.
SECTION 2: AUTHORITY
This local law is adopted pursuant to Municipal Home Rule Law §10(1)(i) and §10(1)(ii)(a)(1) which grants to local governments the authority to enact local laws pertaining to the qualifications of local officers. Moreover, the Legislature recognizes that the State Legislature has, on various occasions, for various offices, and in some cases, for all municipal offices, in various municipalities, has amended Public Officers Law §3 so as to create exceptions to the general residency requirements as set forth in that statute, thereby rendering the statute to be a special law, rather than a general law, insofar as these offices are concerned. Accordingly, this Board may supersede, and amend, Public Officers Law §3 as regards the residency requirements for the appointed offices of Assistant County Attorney. (See N.Y. Opn. Atty. Gen. (Inf.) No. 95-5 and Public Officers Law §3(28) amending the law for County employees to be residents of the State of New York).
SECTION 3: RESIDENCY REQUIREMENT
Steuben County Assistant County Attorney. The provisions of Section 3(1) of the New York State Public Officers Law requiring a person to be a resident of the political subdivision of municipal corporation of the state for which he or she shall be chosen, or within which his or her official functions are required to be exercised, shall not prevent a person from holding the office of Assistant County Attorney, provided that such person resides in Steuben County or a geographically adjoining county within the State of New York.
SECTION 4: SEVERABILITY
If any clause, sentence, paragraph or section of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder hereof but shall be confined in its operation to the clause, sentence, paragraph or section directly involved in the controversy in which judgment shall have been rendered.
SECTION 5: EFFECTIVE DATE
This local law shall take effect immediately upon filing with the Secretary of State in accordance with Article 3, §27 of the Municipal Home Rule Law."
ALL PERSONS ARE INVITED TO ATTEND AND BE HEARD
"BY ORDER OF THE STEUBEN COUNTY LEGISLATURE"
PLEASE TAKE NOTICE, that a copy of the full text of Local Law Tentatively No. Five for the Year 2025 is available in the Clerk of the Legislature's Office and via the internet at www.steubencountyny.gov.
Dated: December 1, 2025
Village of Bath, New York
ROCHELLE CASSELBURY
DEPUTY CLERK OF THE LEGISLATURE
STEUBEN COUNTY
December 5 2025
LNYS0416810