N.Y. Town Law § 41: Additional supervisors in certain towns

§ 41. Additional supervisors in certain towns. 1. Resolution of town

board. Any town having a population of more than one-half the total

population of the county in which such town is located, according to the

latest federal or state census or enumeration, shall have one additional

supervisor. No such additional supervisor, however, shall be elected or

appointed in any such town which has but one supervisor at the time this

chapter takes effect, until the town board of such town shall by

resolution adopted by a majority vote determine to provide for the

election of an additional supervisor.

2. Election of supervisors in such town. At a town election held in

November following the adoption of the resolution provided for in the

preceding section, the electors of such town shall elect one additional

supervisor who shall hold office until January first following the next

biennial town election, at which time, and at each biennial town

election thereafter, two supervisors shall be elected under the general

and special laws relating to the election of supervisors applicable to

such town, except that one of such supervisors shall be elected as

presiding supervisor of such town.

3. Powers and duties of presiding supervisor. The presiding supervisor

shall exercise all the powers and be charged with all the duties imposed

upon or required of town supervisors, except as herein otherwise

provided.

4. Powers and duties of additional supervisor. Such additional

supervisor shall be a member of the town board and shall have one vote

therein. Whenever by reason of sickness or absence from the state the

presiding supervisor shall be prevented from attending to the duties of

his office, and whenever a vacancy occurs in the office of presiding

supervisor, the town board may by resolution authorize such additional

supervisor to act as presiding supervisor during such disability,

absence from the state or vacancy, as the case may be, and during such

time said supervisor shall possess all the rights and powers of the

presiding supervisor. No such additional supervisor shall perform any

act as presiding supervisor until he has qualified by the filing of

bonds and otherwise as required by law in the case of the presiding

supervisor. Such additional supervisor shall exercise such other powers

and perform such other duties not inconsistent with law as may from time

to time be authorized or required by the town board.

5. Temporary appointment; vacancies. At the meeting of the town board

immediately following the adoption of a resolution providing for the

election of an additional supervisor, the town board may appoint the

additional supervisor to which such town is entitled who shall be a

resident tax payer of such town and who shall hold office until his

successor is elected at the election first held thereafter as herein

provided. From and after the appointment by the town board of such

additional supervisor and until the election of a presiding supervisor,

the supervisor in office at the time of such appointment of an

additional supervisor shall be the presiding supervisor. Upon the death,

disability or removal of either supervisor of such town, his successor

shall be elected or appointed as provided by law in the case of a town

supervisor.

6. Salary of additional supervisor. Such additional supervisor shall

receive from the town a salary to be fixed by the town board.

7. Powers and duties of supervisors as members of the board of

supervisors. Each supervisor from such town shall be a member of the

board of supervisors of the county in which such town is located and as

a member of such board he shall have powers and duties co-ordinate with

the powers and duties of the supervisors of other towns in the county,

and he shall receive from the county for all services in any official

capacity the same salary and expenses as now or hereafter provided by

law for supervisors of other towns in such county.

If the supervisor from such a town be entitled to more than one vote,

the total number of votes to which such town is entitled, without any

limitation which would apply to a single supervisor of such town and

whether such number of votes be more or less than one-half of the total

number of such votes of such board, shall be divided equally between

such supervisors of such town.