N.Y. Village Law § 3-302: Official year, terms of office, extension or reduction of terms, biennial elections

§ 3-302 Official year, terms of office, extension or reduction of

terms, biennial elections. 1. An official year begins at noon on the

first Monday in the month following the date of the general village

election or the date such an election would have been held had elections

been held annually.

2. The term of office of each elective village officer shall commence

at the start of the official year following his election; the term of

office of each officer appointed at the annual meeting of the board of

trustees shall commence at the start of the official year in which he is

appointed; and the term of office of each officer appointed at any other

time shall commence at the time of his appointment.

3. Except as is otherwise provided herein or in this chapter, the term

of office of mayor, each trustee, treasurer and clerk shall be two

official years and the term of office of village justice shall be four

official years.

If the board of trustees of any village establishes a second office of

village justice pursuant to section 3-301 of this article or a third

office of the village justice pursuant to section 3-303 of this article

the resolution or local law therefor may provide for a single term of

one, two or three years for such second or third village justice who

shall serve a single term of one, two or three years, as provided in

such resolution or local law, commencing on the first day of the

official year following his election in order to provide that village

justices shall thereafter be elected every two years. The successor of

such justice shall thereafter be elected for a full four year term.

3-a. Notwithstanding the provisions of this chapter or any special or

local law to the contrary, the board of trustees of the village of

Spring Valley, instead of providing for the election of the successor of

the village justice in the village of Spring Valley whose term expires

at noon on the second day of April, nineteen hundred seventy-nine, may,

by resolution of said board, provide for a single term of eight months

for the office of village justice in said village, which term shall

commence at noon on the second day of April, nineteen hundred

seventy-nine, and shall expire at noon on the third day of December,

nineteen hundred seventy-nine. In such case, the mayor shall appoint a

village justice for such term, subject to approval of the board of

trustees. The successor of such justice shall thereafter be elected for

a full four year term.

3-b. Notwithstanding the provisions of this chapter or any special or

local law to the contrary, the board of trustees of the village of

Scotia, instead of providing for the election of the successor of the

village justice in the village of Scotia whose term expires at noon on

the fifth day of April, nineteen hundred eighty-two, may, by resolution

of said board, provide for a single term of eight months for the office

of village justice in said village, which term shall commence at noon on

the fifth day of April, nineteen hundred eighty-two, and shall expire at

noon on the sixth day of December, nineteen hundred eighty-two. In such

case, the mayor shall appoint a village justice for such term, subject

to approval of the board of trustees. The successor of such justice

shall thereafter be elected for a full four year term.

3-c. Notwithstanding the provisions of this chapter or any special or

local law to the contrary, the board of trustees of the village of

Gouverneur may appoint a village justice to serve from the date of such

appointment to December seventh, nineteen hundred eighty-seven. A

successor to such justice shall be elected at the general election to be

held in November of nineteen hundred eighty-seven, to hold office for a

term of four years to commence on December seventh, nineteen hundred

eighty-seven and to end on December second, nineteen hundred ninety-one.

Thereafter, the election of the village justice in the village of

Gouverneur shall be held at the general election to be held in November

of the year in which the term of office of such village justice shall

expire.

3-d. Notwithstanding the provisions of this chapter or any special or

local law to the contrary, the board of trustees of the village of

Potsdam may appoint a village justice to serve from the date of such

appointment to December fifth, nineteen hundred eighty-eight. A

successor to such justice shall be elected at the general election to be

held in November of nineteen hundred eighty-eight, to hold office for a

term of four years to commence on December fifth, nineteen hundred

eighty-eight and to end on December seventh, nineteen hundred

ninety-two. Thereafter, the election of the village justice in the

village of Potsdam shall be held at the general election to be held in

November of the year in which the term of office of such village justice

shall expire.

3-e. Notwithstanding the provisions of this chapter or any special or

local law to the contrary, the board of trustees of the village of East

Hills, Nassau county, may, by resolution of said board, provide for the

appointment to the office of village justice in said village, which term

shall commence at noon on the third day of April, nineteen hundred

eighty-nine, and shall expire at noon on the first Monday in April,

nineteen hundred ninety-one. In such case, the mayor shall appoint a

village justice for such term, subject to approval of the board of

trustees. Thereafter, the election of the village justice in the village

of East Hills, Nassau county, shall be held at the general election to

be held in March, nineteen hundred ninety-one and continuing thereafter,

the successor of such justice shall be elected for a four year term of

office.

3-f. a. Notwithstanding the provisions of this chapter or any special

or local law to the contrary, the board of trustees of the village of

Massena, St. Lawrence county, may, by resolution of said board, provide

for the appointment to the office of village justice in said village,

which term shall commence at noon on the third day of April, nineteen

hundred eighty-nine, and shall expire at noon on April second, nineteen

hundred ninety. In such case, the mayor shall appoint a village justice

for such term, subject to approval of the board of trustees. Thereafter,

the election of the village justice in the village of Massena, St.

Lawrence county, shall be held at the general election to be held in

March, nineteen hundred ninety, and continuing thereafter, the successor

of such justice shall be elected for a four year term of office.

b. Notwithstanding the provisions of this chapter or any special or

local law to the contrary, the board of trustees of the village of

Massena, St. Lawrence county, may, by resolution of said board, provide

for the extension of the current term of office of the village justice

of said village to expire at noon on December fifth, nineteen hundred

ninety-four. Thereafter, the election of the village justice in the

village of Massena, St. Lawrence county, shall be held at the general

election to be held in November, nineteen hundred ninety-four, and

continuing thereafter, the successor of such justice shall be elected

for a four year term of office.

3-g. Notwithstanding the provisions of this chapter or any special or

local law to the contrary, the board of trustees of the village of Mill

Neck, Nassau county, may, by resolution of said board, provide for the

election to the office of village justice in said village, which term

shall commence at noon on the first Monday of July, nineteen hundred

ninety-four, and shall expire at noon on the first Monday in July,

nineteen hundred ninety-seven. In such case, the election of the village

justice of the village of Mill Neck, Nassau county, for such term, shall

be held at the general election to be held on the third Tuesday of June,

nineteen hundred ninety-four. Thereafter, the election of the village

justice in the village of Mill Neck, Nassau county, shall be held at the

general election to be held on the third Tuesday of June, nineteen

hundred ninety-seven and continuing thereafter, the successor of such

justice shall be elected for a four year term of office.

3-h. Notwithstanding any provisions of this chapter or any other

general law, ordinance or special act, the village board of trustees of

the incorporated village of Greenport in the county of Suffolk may, by

resolution or local law subject to mandatory referendum, abolish the

office of village justice.

3-i. Notwithstanding the provisions of this chapter or any special or

local law to the contrary, the board of trustees of the village of

Canastota, Madison county, may, by resolution of said board, provide for

the election to the office of village justice of said village, which

term shall commence at noon on the first Monday of April, two thousand

nine, and shall expire at noon on the first Monday in April, two

thousand ten. Thereafter, the election of the village justice in the

village of Canastota, Madison county, shall be held at the general

election to be held on the third Tuesday of March, two thousand ten and

continuing thereafter, the successor of such justice shall be elected

for a four year term of office.

4. The terms of office of any other village officer for whom no other

term of office is provided in this chapter shall be one official year or

the remaining portion thereof; provided, however, that any officer

permanently appointed to an office classified in the competitive class

of the civil service shall hold such office for an indeterminate term

subject to the provisions of the civil service law.

5. Four year terms for mayor and trustees. a. The board of trustees,

by resolution or local law subject to permissive referendum, may extend

to four years the term of office of mayor, the terms of office for all

trustees, or the terms of office of mayor and all trustees. If such

resolution or local law shall become effective, the offices, the term or

terms of which have been extended, shall thereafter, except as is

otherwise provided in subdivision seven of this section, be filled for

terms of four years commencing at the beginning of the official year

following the next general village election at which such offices are to

be filled. No such resolution or local law, however, shall become

effective within thirty days prior to a general village election.

b. The board of trustees of any village which has adopted the four

year term of office for mayor, for all trustees, or for mayor and all

trustees, by resolution or local law and subject to permissive

referendum, may at any time thereafter reduce to two years the term of

office of mayor, the term of office of all trustees, or the terms of

office of mayor and all trustees. If such resolution or local law shall

become effective, the offices, the term or terms of which have been

reduced, shall thereafter, except as is otherwise provided in

subdivision seven of this section, be filled for terms of two years

commencing at the beginning of the official year following the next

general village election at which such offices are to be filled. No such

resolution or local law, however, shall become effective within thirty

days prior to a general village election.

6. Four year terms for treasurer and clerk. a. The board of trustees

of any village in which a resolution or local law has been adopted

pursuant to the provisions of this section extending the term of office

of the mayor and trustees to four years, by resolution or local law and

subject to permissive referendum, may extend to four years the term or

terms of office of the treasurer or clerk or both, except that the first

term shall be of the required number of years so that it shall expire at

the end of the term of office of the mayor then in office. If such

resolution or local law shall become effective, the offices, the term or

terms of which have been extended, shall thereafter be filled for terms

of four years, commencing at the expiration of the term of office of the

treasurer or clerk or both in office at the time the resolution or local

law is adopted.

b. The board of trustees of any village which has adopted the four

year term of office for treasurer or clerk or both, by resolution or

local law and subject to permissive referendum may at any time

thereafter reduce to two years the terms of office of the treasurer or

clerk or both except that the first term shall be of the required number

of years so that it shall expire at the end of the term of office of the

mayor then in office. If such resolution or local law shall become

effective, the offices, the term or terms of which have been reduced,

shall thereafter be filled for terms of two years, commencing at the

expiration of the term of office of the treasurer or clerk or both in

office at the time the resolution is adopted.

7. Biennial elections. a. The board of trustees of any village which

has provided that the terms of office of all trustees, or the terms of

office of mayor and all trustees shall be four years, may, subject to

permissive referendum, adopt a separate resolution or local law

providing that general village elections shall be held biennially in the

odd numbered years or in the even numbered years, as they shall

determine, or may include in any resolution or local law providing that

the terms of office of all trustees, or the terms of office of mayor and

all trustees shall be four years, a provision that general village

elections shall be held biennially in the odd numbered years or in the

even numbered years. No such resolution or local law, however, shall

become effective within thirty days prior to a general village election.

b. If such resolution or local law shall become effective between a

general village election in an even numbered year and thirty days prior

to a general village election in the next odd numbered year and shall

provide that general village elections shall be held in the even

numbered years, the successor to a police justice, mayor or trustee

whose term of office expires in an odd numbered year shall, at the

general village election preceding the expiration of such term of

office, be elected for a single three year term and their successors

shall thereafter be elected for terms of four years.

c. If such resolution or local law shall become effective between a

general village election in an even numbered year and thirty days prior

to a general village election in the next odd numbered year and shall

provide that general village elections shall be held in the odd numbered

years, the successor to a police justice, mayor or trustee whose term of

office expires in an even numbered year shall, at the general village

election preceding the expiration of such term of office, be elected for

a single five year term and their successors shall thereafter be elected

for terms of four years.

d. If such resolution or local law shall become effective between a

general village election in an odd numbered year and thirty days prior

to a general village election in the next even numbered year and shall

provide that general village elections shall be held in the odd numbered

year, the successor to a police justice, mayor or trustee whose term of

office expires in an even numbered year shall, at the general village

election preceding the expiration of such term of office, be elected for

a single three year term and their successors shall thereafter be

elected for terms of four years.

e. If such resolution or local law shall become effective between a

general village election in an odd numbered year and thirty days prior

to a general village election in the next even numbered year and shall

provide that general village elections shall be held in the even

numbered years, the successor to a police justice, mayor or trustee

whose term of office expires in an odd numbered year shall, at the

general village election preceding the expiration of such term of

office, be elected for a single five year term and their successors

shall thereafter be elected for terms of four years.

f. The board of trustees of any village which has provided that

general village elections shall be held biennially and shall

subsequently provide by resolution or local law adopted pursuant to

subdivision five of this section that the terms of office of all

trustees, or the terms of office of mayor and all trustees shall be two

years, shall also provide in said resolution or local law that general

village elections shall be held annually and shall further provide

therein that if the general village elections under the biennial

elections had been held in the odd numbered years, all trustees, or the

mayor and all trustees to be elected in the first odd numbered year

after the adoption of the resolution or local law shall be elected for a

single three year term and their successors shall thereafter be elected

for a term of two years and that all trustees, or the mayor and all

trustees to be elected in the second odd numbered year after the

adoption of the resolution or local law shall be elected for a two year

term and their successors shall also be elected for a term of two years.

g. The board of trustees of any village which has provided that

general village elections shall be held biennially and shall

subsequently provide by resolution or local law adopted pursuant to

subdivision five of this section that the terms of office of all

trustees, or the terms of office of mayor and all trustees shall be two

years shall provide in said resolution or local law that general village

elections shall be held annually and shall further provide therein that

if the general village elections under the biennial elections had been

held in the even numbered years, all trustees, or the mayor and all

trustees to be elected in the first even numbered year after adoption of

the resolution or local law shall be elected for a single three year

term and their successors shall thereafter be elected for a term of two

years and that all trustees, or the mayor and all trustees to be elected

in the second even numbered year after the adoption of the resolution or

local law shall be elected for a two year term and their successors

shall also be elected for a term of two years.