N.Y. Town Law § 20: Town officers

§ 20. Town officers. 1. (a) Every town of the first class shall have a

supervisor, four town council members, unless the number of council

members shall have been increased to six or decreased to two as provided

by this chapter, a town clerk, two town justices, a town superintendent

of highways, one assessor, a receiver of taxes and assessments, as many

town police officers and such other employees as the town board may

determine necessary for the proper conduct of the affairs of the town.

The supervisor, town counsel members, town clerk, town justices, town

superintendent of highways and receiver of taxes and assessments in

every such town shall be elective. All other officers and employees in

such a town shall be appointed by the town board, except as otherwise

provided by law. In any town in which a town police department has been

established pursuant to law, or which town is a part of a county police

district, the town board may appoint not more than four civil officers

who shall possess all the powers and duties of constables in civil

actions and proceedings only, and shall be paid no salary by the town

board but shall be entitled to collect the statutory fees allowed by law

in such civil actions and proceedings. The clerk of the court of a town

shall be employed and discharged from employment only upon the advice

and consent of the town justice or justices.

(b) Except as otherwise provided by law, every town of the second

class shall have a supervisor, two justices of the peace, two town

council members, a town clerk, a town superintendent of highways, three

assessors, a collector, and, if there be no town police department, as

many constables as the town board may determine necessary. In any such

town in which a town police department has been established pursuant to

law, the town board may appoint not more than four civil officers who

shall possess all the powers and duties of constables in civil actions

and proceedings only, except that the town board of the town of

Southold, county of Suffolk, may appoint four additional constables, who

shall possess all the powers and duties of constables in civil and

criminal actions and proceedings, solely for the benefit of Fishers

Island located in such town; provided, however, that nothing in this

paragraph shall be deemed to authorize such constables to carry, repair

or dispose of a firearm unless the appropriate license therefore has

been issued pursuant to section 400.00 of the penal law; and shall be

paid no salary by the town board but shall be entitled to collect the

statutory fees allowed by law in such civil actions and proceedings.

Every town of the second class may have in addition such other employees

as the town board may determine necessary for the proper conduct of the

affairs of the town. The supervisor, justices of the peace, town council

members, town clerk, town superintendent of highways, assessors and

collector in every such town shall be elected. All other town officers

and employees in such a town shall be appointed by the town board,

except as otherwise provided by law. Provided, however, that in a town

having less than three hundred inhabitants according to the latest

federal census and having a taxable property valuation of less than one

hundred thousand dollars according to the latest assessment roll, there

shall be elected one justice of the peace for a term of four years and

one assessor for a term of two years, but no town council member.

Successors to such officers shall be elected for like terms at the

biennial town election prior to the expiration of their terms of office.

The clerk of the court of a town shall be employed and discharged from

employment only upon the advice and consent of the town justice or

justices.

(c) Notwithstanding the provisions of this section or the provisions

of any other general or special law, in the town of Smithtown in the

county of Suffolk, a proposition calling for the abolition of the office

of justice of the peace within such town, as authorized by chapter two

hundred seventy-eight of the laws of nineteen hundred fifty-eight, as

amended by chapter eight hundred eleven of the laws of nineteen hundred

sixty-two, constituting the Suffolk county charter, having been

submitted to the electors of such town at the general election held in

nineteen hundred sixty-two and having at such election received a

majority of affirmative votes, the justices of the peace holding office

in such town at the time of such vote shall continue in office until the

end of the respective terms for which they were elected. At the general

election immediately preceding the expiration of the term of the justice

of the peace in such town whose term shall first expire an additional

town council member shall be elected, and at the general election

preceding the expiration of the term of the justice of the peace in such

town whose term shall be the second such term to expire another

additional town council member shall be elected, so that thereafter such

town shall have four town council members. Each town council member so

elected shall be elected for a term of four years and shall hold office

during such term.

(d) Notwithstanding the provisions of this chapter or of any other

general or special law, any town, which by the latest federal census or

special census has a population of more than fifty thousand inhabitants,

may, by a resolution, submit to a referendum a proposition calling for

the establishment of the office of a third town justice and a town with

a population of more than seventy-five thousand may, by a resolution,

submit to a referendum a proposition calling for the establishment of

the offices of a third, of a fourth or of a third and fourth town

justice. Such referendum must be submitted to the voters at least one

hundred twenty days prior to the next biennial town election. At the

next biennial town election immediately succeeding the approval of the

proposition hereinabove provided for, said town justices shall be

elected for a term of four years and shall hold office during such term.

Provided, however, such justice so elected shall not serve as a member

of the town board but shall exercise all other powers and duties

necessary or incident to such office. Successors to such office shall be

elected for like terms and shall exercise like powers and duties.

(e) Notwithstanding the provisions of any general, special or local

law to the contrary, the town board of the town of Southampton, county

of Suffolk, may adopt a resolution, subject to a permissive referendum

as provided by article seven of this chapter, at least one hundred fifty

days prior to any biennial town election determining that such town

shall have four town justices. If the town board of such town shall have

adopted such a resolution and no petition shall have been filed within

the time specified for a referendum thereon, or if a majority of the

votes cast on any such proposition submitted to vote of the electors be

in the affirmative, the electors of such town shall elect at the

succeeding biennial election, and quadrennially thereafter, such

additional town justice for a term of four years beginning on the first

day of January next succeeding such biennial town election.

(f) Notwithstanding the provisions of paragraph (b) of this

subdivision, every town of the second class which has not exercised the

option to retain elective assessors in the manner provided by former

section fifteen hundred fifty-six of the real property tax law shall

have one assessor to be appointed in the manner and for the term

prescribed by section three hundred ten of the real property tax law.

(g) Notwithstanding the provisions of any general, special or local

law to the contrary, the town board of the town of Clarkstown, county of

Rockland, may adopt a resolution at least one hundred fifty days prior

to any biennial town election determining that such town shall have four

town justices. If the town board of such town shall have adopted such a

resolution, the electors of such town shall elect at the succeeding

biennial election, and quadrennially thereafter, such additional town

justice for a term of four years beginning on the first day of January

next succeeding such biennial town election.

(h) Notwithstanding the provisions of any general, special or local

law to the contrary, the town board of the town of Henrietta, county of

Monroe may adopt a resolution, subject to a permissive referendum as

provided by article seven hereof, at least sixty days prior to any

regular or special election determining that such town shall have three

town justices. If the town board of such town shall have adopted such a

resolution and no petition shall have been filed within the time

specified for a referendum thereon, or if a majority of the votes cast

on any such proposition submitted to the vote of the electors be in the

affirmative, the electors of such town shall elect at the succeeding

general election a town justice who shall take office for a term of four

years beginning on the first day of January next succeeding such

biennial town election.

(i) Notwithstanding the provisions of any general, special or local

law to the contrary, the town board of the town of Orangetown, county of

Rockland may adopt a resolution, subject to a permissive referendum as

provided by article seven hereof, at least sixty days prior to any

regular or special election determining that such town shall have three

town justices. If the town board of such town shall have adopted such a

resolution and no petition shall have been filed within the time

specified for a referendum thereon, or if a majority of the votes cast

on any such proposition submitted to the vote of the electors be in the

affirmative, the electors of such town shall elect at the succeeding

general election a town justice who shall take office for a term of four

years beginning on the first day of January next succeeding such

biennial town election.

(j) Notwithstanding the provisions of any general, special or local

law to the contrary, the town board of the town of Champlain, county of

Clinton may adopt a resolution, subject to a permissive referendum as

provided by article seven of this chapter, at least sixty days prior to

any regular or special election determining that such town shall have

three town justices. If the town board of such town shall have adopted

such a resolution and no petition shall have been filed within the time

specified for a referendum thereon, or if a majority of the votes cast

on any such proposition submitted to the vote of the electors be in the

affirmative, the electors of such town shall elect at the succeeding

general election a town justice who shall take office for a term of four

years beginning on the first day of January next succeeding such

biennial town election.

* (k) Notwithstanding the provisions of any general, special or local

law to the contrary, the town board of the town of Unadilla, county of

Otsego may adopt a resolution, subject to a permissive referendum as

provided by article seven hereof, at least sixty days prior to any

regular or special election determining that such town shall have three

town justices. If the town board of such town shall have adopted such a

resolution and no petition shall have been filed within the time

specified for a referendum thereon, or if a majority of the votes cast

on any such proposition submitted to the vote of the electors be in the

affirmative, the electors of such town shall elect at the succeeding

general election a town justice who shall take office for a term of four

years beginning on the first day of January next succeeding such

biennial town election.

* NB There are 3 par (k)'s

* (k) Notwithstanding the provisions of any general, special or local

law to the contrary, the town board of the town of Sennett, county of

Cayuga may adopt a resolution, subject to a permissive referendum as

provided by article seven hereof, at least sixty days prior to any

regular or special election determining that such town shall have three

town justices. If the town board of such town shall have adopted such a

resolution and no petition shall have been filed within the time

specified for a referendum thereon, or if a majority of the votes cast

on any such proposition submitted to the vote of the electors be in the

affirmative, the electors of such town shall elect at the succeeding

general election a town justice who shall take office for a term of four

years beginning on the first day of January next succeeding such

biennial town election.

* NB There are 3 par (k)'s

* (k) Notwithstanding the provisions of any general, special or local

law to the contrary, every town which has a contract in force and effect

with another municipality for the municipality to provide highway, road

and street maintenance and repair for a period of not less than five

years may adopt a local law, subject to permissive referendum as

provided by article seven of this chapter, not later than July fifteenth

of the year prior to which the term of office of the current elected

town superintendent of highways shall expire, that the office of the

town superintendent of highways shall be abolished. A town which

thereafter terminates such a contract shall re-establish the position of

town superintendent of highways by local law as an appointive office.

* NB There are 3 par (k)'s

(l) Notwithstanding the provisions of any general, special or local

law to the contrary, the town board of the town of East Bloomfield,

county of Ontario may adopt a resolution, subject to a permissive

referendum as provided by article seven hereof, at least sixty days

prior to any regular or special election determining that such town

shall have three town justices. If the town board of such town shall

have adopted such a resolution and no petition shall have been filed

within the time specified for a referendum thereon, or if a majority of

the votes cast on any such proposition submitted to the vote of the

electors be in the affirmative, the electors of such town shall elect at

the succeeding general election a town justice who shall take office for

a term of four years beginning on the first day of January next

succeeding such biennial town election. Upon the election of a third

town justice, the town board shall adopt a resolution to abolish one of

the offices of town justice for the purpose of staggering the elections

of its town justices.

(m) Notwithstanding the provisions of any general, special or local

law to the contrary, the town board of the town of Guilderland, county

of Albany may adopt a resolution, subject to a permissive referendum as

provided by article seven of this chapter, at least sixty days prior to

any regular or special election determining that such town shall have

three town justices. If the town board of such town shall have adopted

such a resolution and no petition shall have been filed within the time

specified for a referendum thereon, or if a majority of the votes cast

on any such proposition submitted to the vote of the electors be in the

affirmative, the electors of such town shall elect at the succeeding

general election a town justice who shall take office for a term of four

years beginning on the first day of January next succeeding such

biennial town election.

(n) Notwithstanding the provisions of any general, special or local

law to the contrary, the town board of the town of Sodus, county of

Wayne may adopt a resolution, subject to a permissive referendum as

provided by article seven hereof, at least sixty days prior to any

regular or special election determining that such town shall have three

town justices. If the town board of such town shall have adopted such a

resolution and no petition shall have been filed within the time

specified for a referendum thereon, or if a majority of the votes cast

on any such proposition submitted to the vote of the electors be in the

affirmative, the electors of such town shall elect at the succeeding

general election a town justice who shall take office for a term of four

years beginning on the first day of January next succeeding such

biennial town election. Upon the election of a third town justice, the

town board shall adopt a resolution to abolish one of the offices of

town justice for the purpose of staggering the elections of its town

justices.

(o) In the event the village court of the village of Ossining, county

of Westchester, is abolished effective January first, two thousand

twelve, the town court of the town of Ossining, county of Westchester,

shall thereupon have three town justices. The third town justice

established by this paragraph shall first be filled by election at the

regular election held immediately prior to the date of abolition of the

village court of the village of Ossining as provided by the election law

and the public officers law.

(p) Notwithstanding the provisions of any general, special or local

law to the contrary, the town board of the town of Wallkill, county of

Orange may adopt a resolution, subject to a permissive referendum as

provided by article seven of this chapter, at least sixty days prior to

any regular or special election determining that such town shall have

three town justices. If the town board of such town shall have adopted

such a resolution and no petition shall have been filed within the time

specified for a referendum thereon, or if a majority of the votes cast

on any such proposition submitted to the vote of the electors be in the

affirmative, the electors of such town shall elect at the succeeding

general election a town justice who shall take office for a term of four

years beginning on the first day of January next succeeding such

biennial town election.

(q) In the event the village court of the village of Port Chester,

county of Westchester, is abolished effective May fifteenth, two

thousand twenty-one, the town court of the town of Rye, county of

Westchester, shall thereupon have four town justices. The third and

fourth town justices established pursuant to this paragraph shall be

filled by election at the regular election held immediately after the

date of abolition of the village court of the village of Port Chester as

provided by the election law and the public officers law.

(r) Notwithstanding the provisions of any general, special or local

law to the contrary, the town board of the town of Rotterdam, county of

Schenectady may adopt a resolution, subject to a permissive referendum

as provided by article seven of this chapter, at least one hundred fifty

days prior to any biennial election determining that such town shall

have three town justices. If the town board of such town shall have

adopted such a resolution and no petition shall have been filed within

the time specified for a referendum thereon, or if a majority of the

votes cast on any such proposition submitted to vote of the electors be

in the affirmative, the electors of such town shall elect at the

succeeding biennial election, and quadrennially thereafter, such

additional town justice for a term of four years beginning on the first

day of January next succeeding such biennial town election.

2. (a) The town board of every town may establish the office of town

attorney or town engineer, or both. If the town board shall so establish

the office of town attorney or town engineer, or both, it shall fix the

salary of such officer or officers. In addition, the town board of any

such town may employ counsel to the town attorney in respect to any

particular subject matter, proceeding or litigation, or it may employ

such expert engineering service in respect to any particular subject

matter, improvement or proceeding, as it may necessarily require. A town

of the first class shall have the authority to appoint such deputies in

the offices of the town attorney and town engineer as may be provided by

resolution of such board and fix the salaries therefor. A town of the

second class having a population of over seventy-five thousand according

to the latest federal census or state enumeration shall have the

authority to appoint such deputies in the office of the town attorney as

may be provided by resolution of such board and fix the salaries

therefor. The terms of such offices shall be indefinite and the

appointees thereto shall be removable at the pleasure of the town board.

(b) The town board of any town which shall not have established the

office of town attorney may employ an attorney to give it such

professional service and advice as it may require, and the town board of

any town which shall not have established the office of town engineer

may employ an engineer to give it such professional service and advice

as it may require.

3. (b) The town board of any town of the first class, or any town of

the second class having a population of over forty thousand according to

the latest federal census or state enumeration, may adopt a resolution

establishing the office of town comptroller and appoint a town

comptroller who shall hold office until the first day of January next

succeeding the first biennial town election held after the time of his

appointment. On the first day of January next succeeding the first

biennial town election held after the time of the establishment of such

office, and biennially thereafter, the town board shall appoint a

comptroller who shall hold office for a term of two years. The town

board of any town in which the office of town comptroller shall have

been established may adopt a resolution abolishing such office and upon

the expiration of the term of office of the incumbent such office shall

be abolished and no successor shall be appointed.

(c) The town board of any town of the first class may establish the

office of deputy receiver of taxes and assessments and fix the salary

therefor; and the town board of any such town in which such office shall

have been established may abolish such office. It shall be the duty of

the deputy receiver of taxes and assessments to assist the receiver of

taxes and assessments in the performance of his duties. The town board

of any such town wherein the office of deputy receiver of taxes and

assessments has been created may also establish one additional office of

deputy receiver of taxes and assessments and may fix the salary therefor

and prescribe his duties and where such additional office has been

established may abolish same.

(d) The town board of any town which has established the office of

town comptroller pursuant to the provisions of paragraph (b) of this

subdivision, may establish the office of deputy comptroller and fix the

salary therefor; and the town board of any such town in which such

office shall have been established may abolish such office. It shall be

the duty of the deputy comptroller to assist the comptroller in the

performance of his duties and if and when the comptroller is absent or

is unable to perform the duties of his office for any other reason, such

deputy shall have full power and authority to perform all the duties of

the comptroller so long as such officer is either absent or otherwise

incapable of performing his duties.

(e) The town board of any town may adopt a resolution establishing the

office of director of purchasing and appoint a director of purchasing

who shall hold office until the first day of January next succeeding the

first biennial town election held after the time of his appointment. On

the first day of January next succeeding the first biennial town

election held after the time of the establishment of such office, and

biennially thereafter, the town board shall appoint a director of

purchasing who shall hold office for a term of two years. If a town

board so determines, the duties of director of purchasing may be

combined with the duties of any other town officer, official or employee

except members of the town board or comptroller. The town board of any

town in which the office of director of purchasing shall have been

established may adopt a resolution abolishing such office and upon the

expiration of the term of office of the incumbent such office shall be

abolished and no successor shall be appointed.

4. No person shall be eligible to hold more than one elective town

office but the town board for the purpose of consolidating offices and

positions, may at any time by resolution enlarge, increase and impose

further and other duties than those prescribed by law upon any elective

or appointed officer or employee and fix a single compensation for the

performance of all such duties. No member of the town board shall,

however, be comptroller of such town.

5. The term "officer" and/or "officers" whenever used in this chapter

shall include the incumbents of the offices of supervisor, council

member, town clerk, justice of the peace, superintendent of highways,

assessor, receiver of taxes and assessments and collector, or any of

them.

5-a. The terms "council member" and "council members" whenever used in

this chapter shall include all persons eligible to hold such office.

6. (a) At least one hundred fifty days prior to any biennial town

election, the town board of any town in which the appointive office of

town clerk shall exist, may adopt a resolution, subject to a permissive

referendum, that the office of town clerk shall be an elective office in

such town. Every elector of the town shall be entitled to vote at any

referendum held thereon pursuant to the provisions of article seven of

this chapter. If the town board shall have adopted such a resolution and

no petition shall have been filed within the time specified in article

seven for a referendum thereon, or, if a majority of the votes cast on

any such proposition submitted pursuant to the provisions of article

seven be in the affirmative the office of town clerk shall thereafter be

an elective office in such town, and a town clerk shall be elected at

the succeeding biennial town election for the term provided by this

chapter, beginning on the first day of January next succeeding such

biennial town election and the term of office of the appointive town

clerk for whom such successor shall be elected shall expire on said

first day of January.

(b) At least one hundred fifty days prior to any biennial town

election the town board of any town in which the appointive office of

town superintendent of highways shall exist, may adopt a resolution,

subject to a permissive referendum that the office of town

superintendent of highways shall be an elective office in such town.

Every elector of the town shall be entitled to vote at any referendum

held thereon pursuant to the provisions of article seven of this

chapter. If the town board shall have adopted such a resolution and no

petition shall have been filed within the time specified in article

seven for a referendum thereon, or, if a majority of the votes cast on

any such proposition submitted pursuant to the provisions of article

seven be in the affirmative the office of town superintendent of

highways shall thereafter be an elective office in such town, and a town

superintendent of highways shall be elected at the succeeding biennial

town election for the term provided by this chapter, beginning on the

first day of January next succeeding such biennial town election and the

term of office of the appointive town superintendent of highways for

whom such successor shall be elected shall expire on said first day of

January.

(c) At least one hundred fifty days prior to any biennial town

election, the town board of any town of the first class in which the

appointive office of receiver of taxes and assessments shall exist, may

adopt a resolution, subject to a permissive referendum, that the office

of receiver of taxes and assessments shall be an elective office in such

town. Every elector of the town shall be entitled to vote at any

referendum held thereon pursuant to the provisions of article seven of

this chapter. If the town board shall have adopted such a resolution and

no petition shall have been filed within the time specified in article

seven for a referendum thereon, or, if a majority of the votes cast on

any such proposition submitted pursuant to the provisions of article

seven be in the affirmative the office of receiver of taxes and

assessments shall thereafter be an elective office in such town, and a

receiver of taxes and assessments shall be elected at the succeeding

biennial town election for the term provided by this chapter, beginning

on the first day of January next succeeding such biennial town election

and the term of office of the appointive receiver of taxes and

assessments for whom such successor shall be elected shall expire on

said first day of January.