Authorizes the town attorney of the town of Islip to be a nonresident of such town

2025 Regular Session Introduced by Doug Smith

Allows Islip's town attorney to be a nonresident of Islip as long as they live in the same Suffolk County.

REFERRED TO LOCAL GOVERNMENTS

Jurisdiction: Town of Islip, Suffolk County

Purpose and Intent

This bill amends town and public officers law to allow the town attorney for the Town of Islip to be a nonresident of Islip. Currently, town attorney residency requirements may apply to other towns or offices, and this bill creates a specific exception for Islip while maintaining residency requirements for town attorneys in other towns.

Key Provisions

Amendment to Town Law (Section 23, new subdivision 38)

In the Town of Islip, Suffolk County, the person performing the function of town attorney is not required to be an elector (resident) of Islip.
The provision clarifies that, although Islip’s town attorney need not be an Islip elector, the town attorney for any other town must be an elector of that town, unless otherwise provided by state law.

Amendment to Public Officers Law (Section 3, new subdivision 77)

In the Town of Islip, Suffolk County, the residency requirements that generally apply to public officers (i.e., being a resident of the political subdivision or municipal corporation where appointed/where duties are exercised) do not prevent someone from holding the office of town attorney in Islip, provided that the individual resides in the same county (Suffolk County).
This preserves the county residency requirement but allows nonresidency within the town itself for the Islip town attorney.
For town attorneys in other towns, the law continues to require residency in their respective towns unless otherwise provided by law.

Effective Date

The act takes effect immediately upon enactment.

Who Is Affected

Primary: The Town Attorney of the Town of Islip (Suffolk County) may be a nonresident of Islip, as long as they reside within Suffolk County.

Secondary/Contextual: Town attorneys in other New York towns remain subject to residency requirements (must be electors of their own towns).

Procedural and Timeline Considerations

Introduction and Referral: Introduced April 24, 2026, and referred to the Committee on Local Governments.

Status: As of the provided text, awaiting committee action; no enacted status or effective date beyond immediate effect once enacted.

Potential Impact and Considerations

Administrative Flexibility: Allows Islip to recruit or appoint qualified town attorneys who live elsewhere in Suffolk County, potentially widening the candidate pool and addressing recruiting challenges.

Local Governance Implications: Residency flexibility could influence potential conflicts of interest, oversight, and accountability structures. The bill restricts nonresidency to the same county, preserving a geographic proximity standard.

Consistency with Other Towns: Maintains strict residency requirements for town attorneys in other towns, ensuring uniformity elsewhere.

Bottom Line

Bill A 11113 creates a targeted exception in Islip to permit the town attorney to be a nonresident of Islip (but still within Suffolk County), while preserving residency requirements for Islip’s attorney in relation to county residence and maintaining town residency rules for other municipalities. The measure takes effect immediately upon enactment.

Bill