N.Y. Alternative County Government Law § 58: Choice between election and appointment of officials

§ 58. Choice between election and appointment of officials. 1. The

office of comptroller, in a county where the office would otherwise be

elective, or any elective county office that is being continued except

that of a supervisor or a judicial officer, may be made appointive by

provision therefor in the petition or resolution by which an alternative

form of county government or a change in such a form is initiated and by

vote of the people as provided in article fourteen. This option shall

apply to elective officers provided for in the constitution as well as

to others. By like action the office of county commissioner of public

welfare, in a county where the office would otherwise be appointive, or

any formerly elective office that has been made appointive pursuant to

this section, may be made elective. Whenever one of the options provided

for in this section is submitted to the people, it shall be submitted as

a separate question. Its adoption may, however, be made contingent on

the adoption of another question submitted at the same time if the

petition or resolution by which it is initiated so provides.

2. Except as otherwise expressly provided in this chapter, every

elective official of a county shall remain elective after the adoption

of an alternative form of government and shall continue to perform the

functions pertaining to his office.

3. When an office which could be made appointive remains or becomes

elective under an alternative form of county government, the term of

such office shall be four years from and including the first day of

January after each election to the office, except that the term of the

first official elected to such office after the alternative form takes

effect shall be three years if the term begins in an odd-numbered year.

Elections shall take place at the general elections in the last year of

each term. When an appointive office is made elective, the first

election to the office shall take place at the next general election.

4. When an elective office is made appointive, the appointment shall

be made as provided in section two hundred two for a term coterminous

with the term of the county executive or board of supervisors making the

appointment, except that it may be shortened as provided in subdivision

three if the office is made elective and that the person so appointed

shall continue to serve until his successor is chosen and has qualified.

If a vacancy occurs in such an office, it shall be filled similarly by

appointment for the balance of the term.