N.Y. Town Law § 60-a: Removal of town justices from town board

§ 60-a. Removal of town justices from town board. 1. Notwithstanding

any provision of this chapter or any other law to the contrary, in any

town in which a town justice serves as a member of the town board, a

vacancy shall be created and is hereby created on the town board upon

the expiration of the term of office of such justice and the membership

of such town board shall consist of a town supervisor and town council

members and the vacancy on such town board created by the expiration of

the term of the town justice shall be filled at the general election

preceding the expiration of the term of such justice by the election of

a town council member, unless the office of town council member does not

exist in such town. In the event the town board determines that council

members should be elected biennially and in order to so provide, it is

necessary that such council member be elected for a single one year term

or a single three year term, such town board may, by resolution provide

that the town council member elected to fill the vacancy created by the

expiration of the term of town justice as town board member, shall be

first elected for a single one or three year term as provided in such

resolution and their successors shall thereafter be elected for four

year terms.

Notwithstanding the provisions of this section, or any other law to

the contrary, which provides that a town justice shall not constitute a

member of the town board, such office of town justice shall continue and

such town justice shall have all the powers and duties of a town justice

as defined by the uniform justice court act and as otherwise provided by

law. Such town justices shall continue to be elected as town justices

except that such town justices shall not constitute members of the town

board.

2. In the event the town board determines that it will be in the best

interests of the town, such town board may, by the adoption of a

resolution, subject to permissive referendum, reduce the number of

council members or town justices and provide that the term of such town

council member first elected shall be for a single two or four year term

in order to provide for biennial town elections and their successor

shall thereafter be elected for four year terms. In no event shall any

town board constitute less than two town council members and the

supervisor. The town board of any town in which the number of council

members or justices has been reduced pursuant to this subdivision, may

adopt a resolution, subject to permissive referendum, restoring one or

two of the offices of council members or town justices previously

reduced, provided, however, that the total number of town justices for

such town including the restored offices, shall not exceed the number

provided in subdivision one of section twenty of this chapter. Such

resolution shall provide for a two or four year term for the restored

office of council member in order to provide for biennial town

elections, and their successor shall thereafter be elected for four year

terms. The election of a council member or town justice to the restored

office shall take place at the biennial town election next succeeding

the effective date of such resolution, for a term of office commencing

January first following the election.