Resolutions

RESOLUTION NO. 140 of 2022

DATED: June 28, 2022

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW B (LOCAL LAW 2 OF 2022) - A LOCAL LAW EXPANDING RESIDENCEY REQUIREMENTS FOR ASSISTANT DISTRICT ATTORNEYS, SOCIAL SERVICES ATTORNEYS, ASSISTANT COUNTY ATTORNEYS AND ASSISTANT PUBLIC DEFENDERS (COUNTY LEGISLATURE)

Resolution by Legislator:

Headwell, Jr.

Seconded by:

Purtell

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law B (Local Law 2) of 2022 hereby is submitted to the Legislature of the County of Montgomery for consideration:

INTRODUCTORY LOCAL LAW B (LOCAL LAW 2 OF 2022) - LOCAL LAW EXPANDING RESIDENCEY REQUIREMENTS FOR ASSISTANT DISTRICT ATTORNEYS, SOCIAL SERVICES ATTORNEYS, ASSISTANT COUNTY ATTORNEYS AND PUBLIC DEFENDERS

BE IT ENACTED by the Legislature of the County of Montgomery as follows:

Section 1:

The purpose of this local law is to expand residency requirements for Assistant District Attorneys, Social Services Attorneys, Assistant County Attorneys and Assistant Public Defenders to anywhere in New York State. This provision does not apply to the position of 1^st Assistant District Attorney or 1^st Assistant Public Defender.

Section 2:

The purpose for expanding residency requirements is enhance recruiting.

Section 3:

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

Section 4:

To the extent that this local law is inconsistent with any other laws or regulations, including Public Officers Law § 3 , it shall supersede those laws.

Section 5:

This law shall be effective upon filing with the Secretary of State.

RESOLUTION VOTE, passed with Aye(7). Legislators Pepe and VACANT were absent. (6/28/2022)

Statement of Legislative and Financial Impact:

I. Nature of Request:

ADOPTING INTRODUCTORY LOCAL LAW B (LOCAL LAW 2 OF 2022) - A LOCAL LAW EXPANDING RESIDENCEY REQUIREMENTS FOR ASSISTANT DISTRICT ATTORNEYS, SOCIAL SERVICES ATTORNEYS, ASSISTANT COUNTY ATTORNEYS AND ASSISTANT PUBLIC DEFENDERS

II. Justification:

The Montgomery County Personnel Officer hereby finds that in order to assure an adequate pool of qualified applicants for Assistant District Attorney, Social Services Attorney, Assistant County Attorney and Assistant Public Defenders it is necessary and advisable that individuals holding said position within the County of Montgomery be permitted to reside either within the County of Montgomery or any other county in New York State.

III. Legislative Impact:

Authorized pursuant to Municipal Home Rule Law and Article 2 of the Montgomery County Charter.

IV. Financial Impact:

There is no financial impact.

cc:

County Clerk
County Treasurer

Voting Record
Kelly	(R)	Yes
Sweet	(R)	Yes
Dimond	(D)	Yes
Headwell, Jr.	(R)	Yes
Wilson	(R)	Yes
Duchessi	(D)	Yes
Pepe	(R)	Absent
VACANT	(D)	Absent
Purtell	(D)	Yes

STATE OF NEW YORK County of Montgomery ss.: This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 28th day of June, 2022, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof. IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 15th day of November, 2022
Totals:	Aye:	7
	Nay:	0
	Abstained:	0
	Absent:	2