NOTICE THAT COUNTY OF STEUBEN
LOCAL LAW NO. ONE FOR THE YEAR 2026
(PRESENTED AS LOCAL LAW
TENTATIVELY NO. FIVE FOR THE YEAR 2025)
IS EFFECTIVE UPON FILING WITH THE
NEW YORK STATE SECRETARY OF STATE
NOTICE IS HEREBY GIVEN that County of Steuben Local Law No. One for the Year 2026, Waiving the Residency Requirement for the Part-Time Senior Assistant County Attorney, was finally adopted by the County Legislature of the County of Steuben on the 15th day of December, 2025, after the holding of a Public Hearing on the 15th day of December, 2025, and is effective upon filing with the Secretary of State.
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."
THIS NOTICE OF THE EFFECTIVE DATE OF THE ABOVE COUNTY OF STEUBEN LOCAL LAW NO. ONE FOR THE YEAR 2026, in accordance with the applicable provisions of the Law, is hereby published in pursuance of Section 214 of the County Law of the State of New York.
BY ORDER OF THE COUNTY LEGISLATURE
OF THE COUNTY OF STEUBEN
Dated: January 2, 2026
Village of Bath, New York
ROCHELLE L. CASSELBURY
CLERK OF THE LEGISLATURE
STEUBEN COUNTY
January 7 2026
LNYS0433664