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S10726Senate2025-2026 Session

Relax Clerk Residency Rules

Official title

“Relates to residency requirements for clerk in the village of Alden, county of Erie”

Sponsor Patrick M. GallivanSD-60Affects Legal
Status
In Senate Committee
Rules
Impact
3/10
Low
Passage
13%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill allows the village clerk of Alden, Erie County, to live outside the village if residing in Erie or a neighboring county.

Why it matters

  1. Expands the hiring pool for the village clerk position in Alden to include all residents of Erie County and its neighboring counties, potentially making it easier for the village to find qualified candidates.

  2. Could impact local job seekers and current residents by allowing an important administrative role to be filled by someone who does not live in the village, which may shift local perspectives on government representation and community ties.

  3. Sets a specific exception for Alden while maintaining stricter residency requirements for village clerks elsewhere in New York, highlighting a targeted change rather than a statewide policy shift.

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Who cares

  • Village of Alden Board of Trustees

    They would gain flexibility in hiring for the village clerk position, as they could appoint qualified candidates who live outside the village but within Erie County or an adjoining county.

  • Potential Village Clerk Candidates

    Individuals who live in Erie County or neighboring counties but outside the village of Alden would now be eligible to apply for and hold the clerk position, expanding the pool of applicants.

  • Likely concerns

    Current and Future Residents of Alden

    Community members may be concerned with how the change affects local representation, administrative effectiveness, and the connection between public officials and the village.

  • Municipal Administrators and HR Professionals

    Those involved in recruiting or managing municipal employees may care about the precedent this bill sets for residency requirements in small New York municipalities.

Headline styles

Relax Clerk Residency Rules

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 60

No co-sponsors yet.

History

  1. Referred to rules

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

10726

IN SENATE

October 26, 2026

Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the village law and the public officers law, in relation to residency requirements for clerk in the village of Alden, county of Erie

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 3-300 of the village law is amended by adding a new subdivision 38 to read as follows:

38. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Alden, Erie county, may, by resolution, provide that the office of village clerk of such village may be held by a person who is not a resident of such village, provided that such person resides in the county of Erie or in an adjoining county within the state of New York.

§ 2. Section 3 of the public officers law is amended by adding a new subdivision 78 to read as follows:

78. In the village of Alden, in the county of Erie, the provisions of this section requiring a person to be a resident of the political subdivision or municipal corporation of the state for which such person shall be chosen or within which such person's official functions are required to be exercised, shall not prevent such person from holding the office of village clerk of the village of Alden, provided that such person resides in Erie county or an adjoining county within the state of New York; provided, however, any person performing such functions of village clerk in any other village shall be a resident of such village, unless otherwise provided by law.

§ 3. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD16423-02-6

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the village law and the public officers law, in relation to residency requirements for clerk in the village of Alden, county of Erie

Purpose of bill

This legislation authorizes the Village of Alden, Erie County, by resol- ution to provide that the office of the village clerk be held by a person who is not a resident of such village, provided that such person is a resident of Erie County or an adjoining county within the State of New York.

Summary of provisions

Section one. Amends the Village law by establishing a new section 3-300 to authorize the Village of Alden, by resolution, to provide that the village clerk of such village be held by a person who is not a resident of such village, so long as such person resides in the County of Erie or in an adjoining county.

§ 2. Makes corresponding amendments to the Public Officers law.

§ 3. Sets forth the effective date.

Justification

The Village of Alden has requested this home rule legislation that would authorize its village clerk to reside anywhere in Erie County or an adjoining county, due to the person currently employed as the village clerk having to vacate her residence within such village, through no fault of her own.

Prior legislative history

New bill.

Fiscal implications

None to State.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.