NY Vill L § 3-302 (2021)
2021 New York Laws VIL - Village Article 3 - Officers and Elections 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.