Waives the residency requirement for the information services director for Herkimer county by allowing a person holding such office to reside in a county adjoining Herkimer county.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10133
SPONSOR: Smullen
 
TITLE OF BILL:
An act to amend the public officers law, in relation to waiving the
residency requirement for the information services director for Herkimer
county
 
PURPOSE:
To waive the residency requirement for the information services director
for Herkimer County
 
SUMMARY OF PROVISIONS:
Section 1. Section 3 of the public officers law is amended by adding a
new subdivision 72 to read as follows: 72. In the county of Herkimer,
the provisions of this section requiring a person to be a resident of
the political subdivision or 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 information services director for the county of
Herkimer, provided that such person resides in a county adjoining
Herkimer county within the state of New York; provided, however that any
person performing such functions or holding the office of the informa-
tion services director in any other county shall be a resident of such
county unless otherwise provided by law.
 
JUSTIFICATION:
The County of Herkimer currently has limited flexibility to fill the
position of Information Services Director due to a residency require-
ment.
A Resolution was adopted at the county level asking the state to act on
waiving this requirement providing that the candidate reside in a neigh-
boring county.
This is particularly important for Herkimer County at a time when hiring
and maintaining staff remain a challenge across all industries through-
out our nation in both the private and public sector. This legislation
would enable the Herkimer County to draw from a larger pool for this
very important position, while staying within the region.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
None noted.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
10133
IN ASSEMBLY
April 29, 2022
___________
Introduced by M. of A. SMULLEN -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the public officers law, in relation to waiving the
residency requirement for the information services director for
Herkimer county
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3 of the public officers law is amended by adding a
2 new subdivision 72 to read as follows:
3 72. In the county of Herkimer, the provisions of this section requir-
4 ing a person to be a resident of the political subdivision or
5 municipal corporation of the state for which he or she shall be chosen
6 or within which his or her official functions are required to be
7 exercised, shall not prevent a person from holding the office of infor-
8 mation services director for the county of Herkimer, provided that
9 such person resides in a county adjoining Herkimer county within the
10 state of New York; provided, however that any person performing such
11 functions or holding the office of the information services director in
12 any other county shall be a resident of such county unless otherwise
13 provided by law.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15395-01-2