Town Law appointing Public Works Commissioner Upheld

 The Town of Colonie appointed Cunningham who was not a resident of the town to a two year term as Commissioner of Public Works.  When challenged the Appellate Division, Third Department held that the existing local law did not supercede the State Public Officers Law sect 3 or Town Law sect. 23 which required the candidate be a town resident.  Thereafter, Colonie adopted Local Law 15 which provided that the Commissioner be only a resident of Albany County.  When Cunningham was appointed again another appeal followed with a different result.  The Court upheld local law 15 and the appointment.  Read about this New York Civil Service case here. 

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