N.Y. Village Law § 17-1703-a: Filling of town offices; election of officers

§ 17-1703-a Filling of town offices; election of officers. 1. In any

village as to which a town is created to be coterminous with such

village, and in any village which after July first, two thousand twelve

annexes territory to embrace the entire territory of a town, there shall

be submitted to the voters in such village at the November general

election next preceding the effective date of the creation of such town

or annexation of such territory, a proposition as follows: "Shall the

local government of operate PRINCIPALLY AS A VILLAGE or

PRINCIPALLY AS A TOWN?" Such proposition shall be presented so that the

choice to be indicated by the voter shall be either "VILLAGE" or "TOWN".

In any village which annexed territory prior to July first, two thousand

twelve to embrace the entire area of a town, the board of trustees may,

upon its own motion, submit such a proposition to the voters of such

village at the next succeeding November general election.

2. Upon the effective date of the creation of the town coterminous

with a village, the mayor and the board of trustees of such village

shall constitute respectively the interim supervisor and town board of

such town for all purposes until their successors shall have been

elected and commenced their terms of office as hereinbelow provided for.

All other elected and appointed village officers shall constitute

respectively and corresponding interim officers of such town until their

respective successors shall have been elected or appointed, as the case

may be, and commenced their terms of office as hereinbelow provided for

or as otherwise regularly provided by law.

3. In any case in which the proposition provided for in subdivision

one of this section shall have resulted in favor of the local government

operating principally as a village, the holders of village offices

shall, from and after the effective date of the creation of the town or

annexation of such territory, by virtue thereof also hold town offices,

as follows:

(a) The mayor and the board of trustees shall constitute respectively

the supervisor and the town board.

(b) The assessor, clerk and treasurer of the village shall be,

respectively, the assessor, clerk and receiver of taxes of the town,

each for a term of office corresponding to the term of the village

office, and the office of superintendent of highways of such town shall

be held by such officer or employee of the village as the village board

shall designate by resolution.

(c) Each village justice shall be apppointed to fill a vacancy in the

office of town justice, and if there shall have been only one village

justice in such village, then the village board shall appoint a second

town justice to serve for the remainder of the then current calendar

year and the office of acting village justice in such village, if any,

shall be thereupon abolished. The term of any then incumbent village

justice who shall become a town justice hereunder shall terminate at the

end of the then current calendar year, notwithstanding that such justice

may originally have been appointed or elected as a village justice for

some longer term. Town justices shall be elected at the next ensuing

village election for the remainder of the unexpired terms and thereafter

at village elections for the terms of office regularly provided by law,

and each town justice shall enter upon and commence his term of office

at the January first next following his election. All elections of

officers thereafter to be held shall be village elections, to be held in

the same manner and at the same times as otherwise provided by law for

the election of village officers, and there shall be no separate

election of any town officers, except as provided above herein with

respect to town justices.

4. In any case in which the proposition provided for in subdivision

one of this section shall have resulted in favor of the local government

operating principally as a town, then, at the regular village election

next ensuing, all offices to be filled thereat shall be filled for terms

to end at the conclusion of the then current calendar year. The term of

office of each other elected village office shall also end at the

conclusion of said then current calendar year, notwithstanding that any

such term of office originally extended beyond such date. The offices of

supervisor, four town council members and two town justices shall be

filled by election as hereinafter provided at the November general

election next following the effective date of the creation of such town

or annexation of such territory; all other town offices shall be

appointive. The election of the supervisor, council members and justices

shall be for terms of office as follows:

(a) If such election is held in an even-numbered year, then the term

of office for supervisor shall be the term regularly provided by law;

the terms of office for two council members shall be the terms regularly

provided by law and the terms for the other two council members shall be

two years each; the term for each justice shall be the term regularly

provided by law. Upon the expiration of the two year term for council

members as above provided, the terms for such offices shall be as

regularly provided by law.

(b) If such election is held in an odd-numbered year, then the term of

office for supervisor shall be one year; the terms of office for council

members shall be one year for two council members and three years for

the other two council members and the terms of office for each justice

shall be for the remainder of the then unexpired terms. Thereafter, each

office shall be filled for the term regularly provided by law.

5. In any case in which the proposition provided for in subdivision

one of this section shall have resulted in favor of the local government

operating principally as a town, then each town officer elected or

appointed as provided in subdivision four shall constitute also the

corresponding village officer, and no separate election of village

officers shall thereafter be held. All elections of town officers shall

be held in the manner and at the times regularly provided by law for the

election of town officers.

6. Nothing contained in this section shall diminish the power of the

board of trustees pursuant to section 3-302 of this chapter or any other

provision of law.