State Codes and Statutes

Statutes > New-york > Pbo > Article-3 > 30

§ 30. Creation  of vacancies. 1. Every office shall be vacant upon the  happening of one of the following events before the  expiration  of  the  term thereof:    a. The death of the incumbent;    b. His resignation;    c. His removal from office;    d.  His  ceasing to be an inhabitant of the state, or if he be a local  officer, of the political subdivision, or municipal corporation of which  he is required to be a resident when chosen;    e. His conviction of a felony, or a crime involving a violation of his  oath of office, provided, however, that a non-elected official may apply  for reinstatement to the  appointing  authority  upon  reversal  or  the  vacating  of  such conviction where the conviction is the sole basis for  the vacancy. After receipt of such application, the appointing authority  shall afford such applicant a hearing to determine whether reinstatement  is warranted. The record of the hearing shall include the final judgment  of the court which reversed or vacated  such  conviction  and  may  also  include  the  entire  employment  history of the applicant and any other  submissions which  may  form  the  basis  of  the  grant  or  denial  of  reinstatement   notwithstanding   the   reversal  or  vacating  of  such  conviction. Notwithstanding any law to the  contrary,  after  review  of  such  record, the appointing authority may, in its discretion, reappoint  such non-elected official to his former office, or a similar  office  if  his  former  office  is  no  longer  available.  In  the  event  of such  reinstatement, the appointing authority may, in  its  discretion,  award  salary  or  compensation in full or in part for the period from the date  such office became vacant to the  date  of  reinstatement  or  any  part  thereof;    f.  The  entry  of  a  judgment  or  order  of  a  court  of competent  jurisdiction declaring him to be incompetent;    g.  The  judgment  of  a  court,  declaring  void  his   election   or  appointment, or that his office is forfeited or vacant;    h. His refusal or neglect to file his official oath or undertaking, if  one  is required, before or within thirty days after the commencement of  the term of office for which he is chosen, if an elective office, or  if  an   appointive   office,   within  thirty  days  after  notice  of  his  appointment, or within thirty days after the commencement of such  term;  or  to file a renewal undertaking within the time required by law, or if  no time be so specified, within thirty  days  after  notice  to  him  in  pursuance of law, that such renewal undertaking is required. The neglect  or failure of any state or local officer to execute and file his oath of  office and official undertaking within the time limited therefor by law,  shall  not  create a vacancy in the office if such officer was on active  duty in the armed forces of the United States and absent from the county  of his residence at the time of his election or appointment,  and  shall  take  his  oath  of  office  and execute his official undertaking within  thirty days after receipt of notice of his election or appointment,  and  provided  such  oath  of office and official undertaking be filed within  ninety days following the date it has been  taken  and  subscribed,  any  inconsistent  provision  of  law,  general,  special,  or  local  to the  contrary, notwithstanding.    2. When a new or an additional office shall be  created,  such  office  shall for the purposes of an appointment or election, be vacant from the  date  of  its  creation,  until  it  shall  be  filled  by  election  or  appointment.    3. When any member of a board,  commission,  committee  or  authority,  holding  office  by  appointment  of the governor, fails to attend three  consecutive regular meetings of such  board,  commission,  committee  orauthority,  unless  such absence is for good cause and is excused by the  chairman or other presiding officer thereof, or, in  the  case  of  such  chairman  or other presiding officer, by the governor, the office may be  deemed  vacant  for  purposes  of  the  nomination  and appointment of a  successor.    4. Neither the provisions of this section, nor of any general, special  or local law, charter, code, ordinance, resolution, rule or  regulation,  creating  a  vacancy  in  a  local  office of a political subdivision or  municipal corporation if the incumbent thereof ceases to be  a  resident  of  such  political subdivision or municipal corporation, shall apply in  the case of a person who  is  a  member  of  the  police  force  of  any  political  subdivision  or  municipal  corporation  of the state and who  while a member of such force resides (a) in the  county  in  which  such  political  subdivision  or municipal corporation is located; or (b) in a  county within the state contiguous to the county in which such political  subdivision or municipal corporation is located;  or  (c)  in  a  county  within  the  state contiguous to such political subdivision or municipal  corporation; or (d) in a county within the state contiguous to a  county  described in item (c) hereof where the former is less than fifteen miles  from  such political subdivision or municipal corporation, measured from  their respective nearest boundary lines; or (e) in a county  within  the  state  contiguous  to  a  county  described in item (d) hereof where the  former is less than thirty miles  from  such  political  subdivision  or  municipal  corporation,  measured from their respective nearest boundary  lines:    (1) If such person was appointed as a  member  of  such  police  force  prior  to  July  first,  nineteen hundred sixty-one, shall reside in any  such county on such date and shall continue to reside in any such county  after such date, or    (2) If the police force of which  he  is  a  member  consists  of  two  hundred or more full-time members or shall have consisted of two hundred  or  more  full-time  members  when, as a member of such police force, he  shall have resided in such county and shall continue to  reside  in  any  such county thereafter, or    (3)  If the police force of which he is a member consists of less than  two  hundred  full-time  members;  provided,  however,  that  the  local  legislative  body of such political subdivision or municipal corporation  having such police force shall have power to adopt and amend local laws,  ordinances or resolutions of general application  requiring  members  of  such  police force, other than those members covered by paragraph one or  paragraph  two  of  this  subdivision,  to  reside  in  such   political  subdivision  or  municipal  corporation, or permitting them to reside in  specified areas of such counties or within specified distances from  the  political  subdivision  or  municipal  corporation  provided  such local  legislative body shall determine that a policeman may respond  therefrom  promptly  and  be  available  to render active service in such political  subdivision or municipal corporation.    4-a. Neither the provisions of  this  section,  nor  of  any  general,  special  or  local  law,  charter,  code, ordinance, resolution, rule or  regulation, creating  a  vacancy  in  a  local  office  of  a  political  subdivision  or municipal corporation if the incumbent thereof ceases to  be a resident of such political subdivision  or  municipal  corporation,  shall  apply  in the case of a member of the department of sanitation of  any municipality who resides in a county within the state contiguous  to  such municipality.    4-b. Except as otherwise provided in subdivision five of this section,  neither  the  provisions of this section, nor of any general, special or  local law, charter, code, ordinance,  resolution,  rule  or  regulation,creating  a  vacancy  in  a  local  office of a political subdivision or  municipal corporation of the state if the incumbent thereof ceases to be  a resident of such political subdivision or municipal corporation  shall  apply  to  the  appointment  or  continuance in office or position of an  officer or member of a paid fire department in any political subdivision  or municipal corporation of the state, if such  person  resides  in  the  county,  or  one of the counties, in which such political subdivision or  municipal corporation is located.    5. Neither the provisions of this section, nor of any general, special  or local law, charter, code, ordinance, resolution, rule or  regulation,  creating  a  vacancy  in  a  local  office of a political subdivision or  municipal corporation if the incumbent thereof ceases to be  a  resident  of  such  political subdivision or municipal corporation, shall apply in  the case of a paid  member  of  the  uniformed  force  of  a  paid  fire  department,  who,  for  purposes  of  this section shall include persons  employed as fire alarm dispatchers, or in the case of a person  employed  in  a  department  of  correction  in  the  correction  service  of  the  classified civil service, or in the case of a member of  the  department  of  sanitation of any political subdivision or municipal corporation who  has five or more years of service,  or  in  the  case  of  officers  and  inspectors  employed  in  a  department  of health of a city of over one  million population who resides (a) in the county in which said  city  is  located; or (b) in a county within the state contiguous to the county in  which  said  city  is  located;  or  (c)  in  a  county within the state  contiguous to such city; or (d) in a county within the  state  which  is  not  more  than  fifteen miles from said city; or (e) in a county within  the state contiguous to a county described in item (d) hereof where  the  former  is  less  than  thirty  miles from such political subdivision or  municipal corporation, measured from their respective  nearest  boundary  lines.    5-a.  Any  person  who  resides  in  this  state  and who is currently  employed as a member of the police force, a paid member of the uniformed  force of a paid fire department, or department  of  corrections  in  the  correctional  service classification of the classified civil service, of  a city of  over  one  million  population,  shall  be  exempt  from  the  provisions of paragraph (d) of subdivision one and subdivisions four and  five  of  this  section  upon compliance with the procedure set forth in  this subdivision. Any person  seeking  to  benefit  from  the  exemption  created  by  this  subdivision  shall  notify his respective employer in  writing of said intention within thirty days from the effective date  of  this  subdivision  and shall specify his then current residence address.  The exemption created by this subdivision shall be  applicable  only  to  said  actual  designated  residence  and  not  to any residence that any  subject currently employed member may  thereafter  establish;  provided,  however,  that  any  such  currently employed member who resides outside  this state  shall  have  one  year  from  the  effective  date  of  this  subdivision  within which to establish residence as required pursuant to  paragraph (d) of subdivision one, and subdivisions four and five of this  section and comply with the notice  requirements  of  this  subdivision.  Said  residence  shall  constitute  a  lawful residence for all purposes  notwithstanding any provision to the contrary of any general, special or  local law, charter, code, ordinance, resolution, rule or regulation.    6. Neither the provisions of this section, nor of any general, special  or local law, charter, code, ordinance, resolution, rule or  regulation,  creating  a  vacancy  in  a  local  office of a political subdivision or  municipal corporation if the incumbent thereof ceases to be  a  resident  of  such  political subdivision or municipal corporation, shall apply inthe case of appointed public officers in the city of  Troy,  except  the  city manager of such city, who reside in the county of Rensselaer.    7. Neither the provisions of this section, nor of any general, special  or  local law, charter, code, ordinance, resolution, rule or regulation,  creating a vacancy in a local  office  of  a  political  subdivision  or  municipal corporation of the state if the incumbent thereof ceases to be  a resident of such political subdivision or municipal corporation, shall  apply  in  the  case  of  the  city  court  judge in the city of Hudson,  provided that such person resides in the county in which  such  city  is  located.    8. Neither the provisions of this section, nor of any general, special  or  local law, charter, code, ordinance, resolution, rule or regulation,  creating a vacancy in a local  office  of  a  political  subdivision  or  municipal corporation of the state if the incumbent thereof ceases to be  a resident of such political subdivision or municipal corporation, shall  apply  in  the  case of a person holding the office of deputy sheriff in  the county of Nassau, provided that such person resides in Nassau county  or any adjoining county within New York state.

State Codes and Statutes

Statutes > New-york > Pbo > Article-3 > 30

§ 30. Creation  of vacancies. 1. Every office shall be vacant upon the  happening of one of the following events before the  expiration  of  the  term thereof:    a. The death of the incumbent;    b. His resignation;    c. His removal from office;    d.  His  ceasing to be an inhabitant of the state, or if he be a local  officer, of the political subdivision, or municipal corporation of which  he is required to be a resident when chosen;    e. His conviction of a felony, or a crime involving a violation of his  oath of office, provided, however, that a non-elected official may apply  for reinstatement to the  appointing  authority  upon  reversal  or  the  vacating  of  such conviction where the conviction is the sole basis for  the vacancy. After receipt of such application, the appointing authority  shall afford such applicant a hearing to determine whether reinstatement  is warranted. The record of the hearing shall include the final judgment  of the court which reversed or vacated  such  conviction  and  may  also  include  the  entire  employment  history of the applicant and any other  submissions which  may  form  the  basis  of  the  grant  or  denial  of  reinstatement   notwithstanding   the   reversal  or  vacating  of  such  conviction. Notwithstanding any law to the  contrary,  after  review  of  such  record, the appointing authority may, in its discretion, reappoint  such non-elected official to his former office, or a similar  office  if  his  former  office  is  no  longer  available.  In  the  event  of such  reinstatement, the appointing authority may, in  its  discretion,  award  salary  or  compensation in full or in part for the period from the date  such office became vacant to the  date  of  reinstatement  or  any  part  thereof;    f.  The  entry  of  a  judgment  or  order  of  a  court  of competent  jurisdiction declaring him to be incompetent;    g.  The  judgment  of  a  court,  declaring  void  his   election   or  appointment, or that his office is forfeited or vacant;    h. His refusal or neglect to file his official oath or undertaking, if  one  is required, before or within thirty days after the commencement of  the term of office for which he is chosen, if an elective office, or  if  an   appointive   office,   within  thirty  days  after  notice  of  his  appointment, or within thirty days after the commencement of such  term;  or  to file a renewal undertaking within the time required by law, or if  no time be so specified, within thirty  days  after  notice  to  him  in  pursuance of law, that such renewal undertaking is required. The neglect  or failure of any state or local officer to execute and file his oath of  office and official undertaking within the time limited therefor by law,  shall  not  create a vacancy in the office if such officer was on active  duty in the armed forces of the United States and absent from the county  of his residence at the time of his election or appointment,  and  shall  take  his  oath  of  office  and execute his official undertaking within  thirty days after receipt of notice of his election or appointment,  and  provided  such  oath  of office and official undertaking be filed within  ninety days following the date it has been  taken  and  subscribed,  any  inconsistent  provision  of  law,  general,  special,  or  local  to the  contrary, notwithstanding.    2. When a new or an additional office shall be  created,  such  office  shall for the purposes of an appointment or election, be vacant from the  date  of  its  creation,  until  it  shall  be  filled  by  election  or  appointment.    3. When any member of a board,  commission,  committee  or  authority,  holding  office  by  appointment  of the governor, fails to attend three  consecutive regular meetings of such  board,  commission,  committee  orauthority,  unless  such absence is for good cause and is excused by the  chairman or other presiding officer thereof, or, in  the  case  of  such  chairman  or other presiding officer, by the governor, the office may be  deemed  vacant  for  purposes  of  the  nomination  and appointment of a  successor.    4. Neither the provisions of this section, nor of any general, special  or local law, charter, code, ordinance, resolution, rule or  regulation,  creating  a  vacancy  in  a  local  office of a political subdivision or  municipal corporation if the incumbent thereof ceases to be  a  resident  of  such  political subdivision or municipal corporation, shall apply in  the case of a person who  is  a  member  of  the  police  force  of  any  political  subdivision  or  municipal  corporation  of the state and who  while a member of such force resides (a) in the  county  in  which  such  political  subdivision  or municipal corporation is located; or (b) in a  county within the state contiguous to the county in which such political  subdivision or municipal corporation is located;  or  (c)  in  a  county  within  the  state contiguous to such political subdivision or municipal  corporation; or (d) in a county within the state contiguous to a  county  described in item (c) hereof where the former is less than fifteen miles  from  such political subdivision or municipal corporation, measured from  their respective nearest boundary lines; or (e) in a county  within  the  state  contiguous  to  a  county  described in item (d) hereof where the  former is less than thirty miles  from  such  political  subdivision  or  municipal  corporation,  measured from their respective nearest boundary  lines:    (1) If such person was appointed as a  member  of  such  police  force  prior  to  July  first,  nineteen hundred sixty-one, shall reside in any  such county on such date and shall continue to reside in any such county  after such date, or    (2) If the police force of which  he  is  a  member  consists  of  two  hundred or more full-time members or shall have consisted of two hundred  or  more  full-time  members  when, as a member of such police force, he  shall have resided in such county and shall continue to  reside  in  any  such county thereafter, or    (3)  If the police force of which he is a member consists of less than  two  hundred  full-time  members;  provided,  however,  that  the  local  legislative  body of such political subdivision or municipal corporation  having such police force shall have power to adopt and amend local laws,  ordinances or resolutions of general application  requiring  members  of  such  police force, other than those members covered by paragraph one or  paragraph  two  of  this  subdivision,  to  reside  in  such   political  subdivision  or  municipal  corporation, or permitting them to reside in  specified areas of such counties or within specified distances from  the  political  subdivision  or  municipal  corporation  provided  such local  legislative body shall determine that a policeman may respond  therefrom  promptly  and  be  available  to render active service in such political  subdivision or municipal corporation.    4-a. Neither the provisions of  this  section,  nor  of  any  general,  special  or  local  law,  charter,  code, ordinance, resolution, rule or  regulation, creating  a  vacancy  in  a  local  office  of  a  political  subdivision  or municipal corporation if the incumbent thereof ceases to  be a resident of such political subdivision  or  municipal  corporation,  shall  apply  in the case of a member of the department of sanitation of  any municipality who resides in a county within the state contiguous  to  such municipality.    4-b. Except as otherwise provided in subdivision five of this section,  neither  the  provisions of this section, nor of any general, special or  local law, charter, code, ordinance,  resolution,  rule  or  regulation,creating  a  vacancy  in  a  local  office of a political subdivision or  municipal corporation of the state if the incumbent thereof ceases to be  a resident of such political subdivision or municipal corporation  shall  apply  to  the  appointment  or  continuance in office or position of an  officer or member of a paid fire department in any political subdivision  or municipal corporation of the state, if such  person  resides  in  the  county,  or  one of the counties, in which such political subdivision or  municipal corporation is located.    5. Neither the provisions of this section, nor of any general, special  or local law, charter, code, ordinance, resolution, rule or  regulation,  creating  a  vacancy  in  a  local  office of a political subdivision or  municipal corporation if the incumbent thereof ceases to be  a  resident  of  such  political subdivision or municipal corporation, shall apply in  the case of a paid  member  of  the  uniformed  force  of  a  paid  fire  department,  who,  for  purposes  of  this section shall include persons  employed as fire alarm dispatchers, or in the case of a person  employed  in  a  department  of  correction  in  the  correction  service  of  the  classified civil service, or in the case of a member of  the  department  of  sanitation of any political subdivision or municipal corporation who  has five or more years of service,  or  in  the  case  of  officers  and  inspectors  employed  in  a  department  of health of a city of over one  million population who resides (a) in the county in which said  city  is  located; or (b) in a county within the state contiguous to the county in  which  said  city  is  located;  or  (c)  in  a  county within the state  contiguous to such city; or (d) in a county within the  state  which  is  not  more  than  fifteen miles from said city; or (e) in a county within  the state contiguous to a county described in item (d) hereof where  the  former  is  less  than  thirty  miles from such political subdivision or  municipal corporation, measured from their respective  nearest  boundary  lines.    5-a.  Any  person  who  resides  in  this  state  and who is currently  employed as a member of the police force, a paid member of the uniformed  force of a paid fire department, or department  of  corrections  in  the  correctional  service classification of the classified civil service, of  a city of  over  one  million  population,  shall  be  exempt  from  the  provisions of paragraph (d) of subdivision one and subdivisions four and  five  of  this  section  upon compliance with the procedure set forth in  this subdivision. Any person  seeking  to  benefit  from  the  exemption  created  by  this  subdivision  shall  notify his respective employer in  writing of said intention within thirty days from the effective date  of  this  subdivision  and shall specify his then current residence address.  The exemption created by this subdivision shall be  applicable  only  to  said  actual  designated  residence  and  not  to any residence that any  subject currently employed member may  thereafter  establish;  provided,  however,  that  any  such  currently employed member who resides outside  this state  shall  have  one  year  from  the  effective  date  of  this  subdivision  within which to establish residence as required pursuant to  paragraph (d) of subdivision one, and subdivisions four and five of this  section and comply with the notice  requirements  of  this  subdivision.  Said  residence  shall  constitute  a  lawful residence for all purposes  notwithstanding any provision to the contrary of any general, special or  local law, charter, code, ordinance, resolution, rule or regulation.    6. Neither the provisions of this section, nor of any general, special  or local law, charter, code, ordinance, resolution, rule or  regulation,  creating  a  vacancy  in  a  local  office of a political subdivision or  municipal corporation if the incumbent thereof ceases to be  a  resident  of  such  political subdivision or municipal corporation, shall apply inthe case of appointed public officers in the city of  Troy,  except  the  city manager of such city, who reside in the county of Rensselaer.    7. Neither the provisions of this section, nor of any general, special  or  local law, charter, code, ordinance, resolution, rule or regulation,  creating a vacancy in a local  office  of  a  political  subdivision  or  municipal corporation of the state if the incumbent thereof ceases to be  a resident of such political subdivision or municipal corporation, shall  apply  in  the  case  of  the  city  court  judge in the city of Hudson,  provided that such person resides in the county in which  such  city  is  located.    8. Neither the provisions of this section, nor of any general, special  or  local law, charter, code, ordinance, resolution, rule or regulation,  creating a vacancy in a local  office  of  a  political  subdivision  or  municipal corporation of the state if the incumbent thereof ceases to be  a resident of such political subdivision or municipal corporation, shall  apply  in  the  case of a person holding the office of deputy sheriff in  the county of Nassau, provided that such person resides in Nassau county  or any adjoining county within New York state.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbo > Article-3 > 30

§ 30. Creation  of vacancies. 1. Every office shall be vacant upon the  happening of one of the following events before the  expiration  of  the  term thereof:    a. The death of the incumbent;    b. His resignation;    c. His removal from office;    d.  His  ceasing to be an inhabitant of the state, or if he be a local  officer, of the political subdivision, or municipal corporation of which  he is required to be a resident when chosen;    e. His conviction of a felony, or a crime involving a violation of his  oath of office, provided, however, that a non-elected official may apply  for reinstatement to the  appointing  authority  upon  reversal  or  the  vacating  of  such conviction where the conviction is the sole basis for  the vacancy. After receipt of such application, the appointing authority  shall afford such applicant a hearing to determine whether reinstatement  is warranted. The record of the hearing shall include the final judgment  of the court which reversed or vacated  such  conviction  and  may  also  include  the  entire  employment  history of the applicant and any other  submissions which  may  form  the  basis  of  the  grant  or  denial  of  reinstatement   notwithstanding   the   reversal  or  vacating  of  such  conviction. Notwithstanding any law to the  contrary,  after  review  of  such  record, the appointing authority may, in its discretion, reappoint  such non-elected official to his former office, or a similar  office  if  his  former  office  is  no  longer  available.  In  the  event  of such  reinstatement, the appointing authority may, in  its  discretion,  award  salary  or  compensation in full or in part for the period from the date  such office became vacant to the  date  of  reinstatement  or  any  part  thereof;    f.  The  entry  of  a  judgment  or  order  of  a  court  of competent  jurisdiction declaring him to be incompetent;    g.  The  judgment  of  a  court,  declaring  void  his   election   or  appointment, or that his office is forfeited or vacant;    h. His refusal or neglect to file his official oath or undertaking, if  one  is required, before or within thirty days after the commencement of  the term of office for which he is chosen, if an elective office, or  if  an   appointive   office,   within  thirty  days  after  notice  of  his  appointment, or within thirty days after the commencement of such  term;  or  to file a renewal undertaking within the time required by law, or if  no time be so specified, within thirty  days  after  notice  to  him  in  pursuance of law, that such renewal undertaking is required. The neglect  or failure of any state or local officer to execute and file his oath of  office and official undertaking within the time limited therefor by law,  shall  not  create a vacancy in the office if such officer was on active  duty in the armed forces of the United States and absent from the county  of his residence at the time of his election or appointment,  and  shall  take  his  oath  of  office  and execute his official undertaking within  thirty days after receipt of notice of his election or appointment,  and  provided  such  oath  of office and official undertaking be filed within  ninety days following the date it has been  taken  and  subscribed,  any  inconsistent  provision  of  law,  general,  special,  or  local  to the  contrary, notwithstanding.    2. When a new or an additional office shall be  created,  such  office  shall for the purposes of an appointment or election, be vacant from the  date  of  its  creation,  until  it  shall  be  filled  by  election  or  appointment.    3. When any member of a board,  commission,  committee  or  authority,  holding  office  by  appointment  of the governor, fails to attend three  consecutive regular meetings of such  board,  commission,  committee  orauthority,  unless  such absence is for good cause and is excused by the  chairman or other presiding officer thereof, or, in  the  case  of  such  chairman  or other presiding officer, by the governor, the office may be  deemed  vacant  for  purposes  of  the  nomination  and appointment of a  successor.    4. Neither the provisions of this section, nor of any general, special  or local law, charter, code, ordinance, resolution, rule or  regulation,  creating  a  vacancy  in  a  local  office of a political subdivision or  municipal corporation if the incumbent thereof ceases to be  a  resident  of  such  political subdivision or municipal corporation, shall apply in  the case of a person who  is  a  member  of  the  police  force  of  any  political  subdivision  or  municipal  corporation  of the state and who  while a member of such force resides (a) in the  county  in  which  such  political  subdivision  or municipal corporation is located; or (b) in a  county within the state contiguous to the county in which such political  subdivision or municipal corporation is located;  or  (c)  in  a  county  within  the  state contiguous to such political subdivision or municipal  corporation; or (d) in a county within the state contiguous to a  county  described in item (c) hereof where the former is less than fifteen miles  from  such political subdivision or municipal corporation, measured from  their respective nearest boundary lines; or (e) in a county  within  the  state  contiguous  to  a  county  described in item (d) hereof where the  former is less than thirty miles  from  such  political  subdivision  or  municipal  corporation,  measured from their respective nearest boundary  lines:    (1) If such person was appointed as a  member  of  such  police  force  prior  to  July  first,  nineteen hundred sixty-one, shall reside in any  such county on such date and shall continue to reside in any such county  after such date, or    (2) If the police force of which  he  is  a  member  consists  of  two  hundred or more full-time members or shall have consisted of two hundred  or  more  full-time  members  when, as a member of such police force, he  shall have resided in such county and shall continue to  reside  in  any  such county thereafter, or    (3)  If the police force of which he is a member consists of less than  two  hundred  full-time  members;  provided,  however,  that  the  local  legislative  body of such political subdivision or municipal corporation  having such police force shall have power to adopt and amend local laws,  ordinances or resolutions of general application  requiring  members  of  such  police force, other than those members covered by paragraph one or  paragraph  two  of  this  subdivision,  to  reside  in  such   political  subdivision  or  municipal  corporation, or permitting them to reside in  specified areas of such counties or within specified distances from  the  political  subdivision  or  municipal  corporation  provided  such local  legislative body shall determine that a policeman may respond  therefrom  promptly  and  be  available  to render active service in such political  subdivision or municipal corporation.    4-a. Neither the provisions of  this  section,  nor  of  any  general,  special  or  local  law,  charter,  code, ordinance, resolution, rule or  regulation, creating  a  vacancy  in  a  local  office  of  a  political  subdivision  or municipal corporation if the incumbent thereof ceases to  be a resident of such political subdivision  or  municipal  corporation,  shall  apply  in the case of a member of the department of sanitation of  any municipality who resides in a county within the state contiguous  to  such municipality.    4-b. Except as otherwise provided in subdivision five of this section,  neither  the  provisions of this section, nor of any general, special or  local law, charter, code, ordinance,  resolution,  rule  or  regulation,creating  a  vacancy  in  a  local  office of a political subdivision or  municipal corporation of the state if the incumbent thereof ceases to be  a resident of such political subdivision or municipal corporation  shall  apply  to  the  appointment  or  continuance in office or position of an  officer or member of a paid fire department in any political subdivision  or municipal corporation of the state, if such  person  resides  in  the  county,  or  one of the counties, in which such political subdivision or  municipal corporation is located.    5. Neither the provisions of this section, nor of any general, special  or local law, charter, code, ordinance, resolution, rule or  regulation,  creating  a  vacancy  in  a  local  office of a political subdivision or  municipal corporation if the incumbent thereof ceases to be  a  resident  of  such  political subdivision or municipal corporation, shall apply in  the case of a paid  member  of  the  uniformed  force  of  a  paid  fire  department,  who,  for  purposes  of  this section shall include persons  employed as fire alarm dispatchers, or in the case of a person  employed  in  a  department  of  correction  in  the  correction  service  of  the  classified civil service, or in the case of a member of  the  department  of  sanitation of any political subdivision or municipal corporation who  has five or more years of service,  or  in  the  case  of  officers  and  inspectors  employed  in  a  department  of health of a city of over one  million population who resides (a) in the county in which said  city  is  located; or (b) in a county within the state contiguous to the county in  which  said  city  is  located;  or  (c)  in  a  county within the state  contiguous to such city; or (d) in a county within the  state  which  is  not  more  than  fifteen miles from said city; or (e) in a county within  the state contiguous to a county described in item (d) hereof where  the  former  is  less  than  thirty  miles from such political subdivision or  municipal corporation, measured from their respective  nearest  boundary  lines.    5-a.  Any  person  who  resides  in  this  state  and who is currently  employed as a member of the police force, a paid member of the uniformed  force of a paid fire department, or department  of  corrections  in  the  correctional  service classification of the classified civil service, of  a city of  over  one  million  population,  shall  be  exempt  from  the  provisions of paragraph (d) of subdivision one and subdivisions four and  five  of  this  section  upon compliance with the procedure set forth in  this subdivision. Any person  seeking  to  benefit  from  the  exemption  created  by  this  subdivision  shall  notify his respective employer in  writing of said intention within thirty days from the effective date  of  this  subdivision  and shall specify his then current residence address.  The exemption created by this subdivision shall be  applicable  only  to  said  actual  designated  residence  and  not  to any residence that any  subject currently employed member may  thereafter  establish;  provided,  however,  that  any  such  currently employed member who resides outside  this state  shall  have  one  year  from  the  effective  date  of  this  subdivision  within which to establish residence as required pursuant to  paragraph (d) of subdivision one, and subdivisions four and five of this  section and comply with the notice  requirements  of  this  subdivision.  Said  residence  shall  constitute  a  lawful residence for all purposes  notwithstanding any provision to the contrary of any general, special or  local law, charter, code, ordinance, resolution, rule or regulation.    6. Neither the provisions of this section, nor of any general, special  or local law, charter, code, ordinance, resolution, rule or  regulation,  creating  a  vacancy  in  a  local  office of a political subdivision or  municipal corporation if the incumbent thereof ceases to be  a  resident  of  such  political subdivision or municipal corporation, shall apply inthe case of appointed public officers in the city of  Troy,  except  the  city manager of such city, who reside in the county of Rensselaer.    7. Neither the provisions of this section, nor of any general, special  or  local law, charter, code, ordinance, resolution, rule or regulation,  creating a vacancy in a local  office  of  a  political  subdivision  or  municipal corporation of the state if the incumbent thereof ceases to be  a resident of such political subdivision or municipal corporation, shall  apply  in  the  case  of  the  city  court  judge in the city of Hudson,  provided that such person resides in the county in which  such  city  is  located.    8. Neither the provisions of this section, nor of any general, special  or  local law, charter, code, ordinance, resolution, rule or regulation,  creating a vacancy in a local  office  of  a  political  subdivision  or  municipal corporation of the state if the incumbent thereof ceases to be  a resident of such political subdivision or municipal corporation, shall  apply  in  the  case of a person holding the office of deputy sheriff in  the county of Nassau, provided that such person resides in Nassau county  or any adjoining county within New York state.