NY Town L § 12 (2021)
2021 New York Laws TWN - Town Article 2 - Classification of Towns 12 - Optional Change of Classification.

§  12.  Optional  change  of classification. 1. Any town of the second class, including towns in Suffolk and Broome counties and  the  town  of Ulster in Ulster county, having a population of five thousand or more as shown by the latest federal census or in which the assessed valuation of the  taxable  real  property as shown by the latest completed assessment role exceeds ten million dollars or adjoining a city having a population of three hundred thousand or more as shown by the latest federal census, may become a town of  the  first  class,  by  either  of  the  following methods:  (a)  By  the  adoption  by  the  town  board of a resolution therefor, subject to a permissive referendum; or  (b) By the adoption of a proposition therefor, by the affirmative vote of a majority of the qualified electors of the town voting thereon at  a special  or  biennial  town  election,  pursuant to subdivision three of section eighty-one of this chapter.   2. (a) If any such  town  shall  determine,  pursuant  to  the  method specified in paragraph (a) of subdivision one of this section, to become a  town  of the first class, the town board shall cause certified copies of the resolution to be filed in the offices of the department of  state and the department of audit and control.   There  shall  also  be filed therewith the affidavit of the town clerk that no petition requiring the submission to the qualified  electors  of the  town of a proposition approving such resolution was filed with said town clerk, if such resolution was not so submitted.   If a proposition approving a resolution changing the classification of a town was submitted to the  electors,  pursuant  to  the  filing  of  a petition  therefor  or upon the motion of the town board, there shall be filed in the office of each of such  state  departments  copies  of  the certificate  of the election inspectors at such election, duly certified by the town clerk.  (b) If any such town shall determine, pursuant to the method specified in paragraph (b) of subdivision one of this section, to become a town of the first class, the town board shall cause copies of the certificate of the election inspectors or board of canvassers of the town  election  at which the proposition for the change of classification was adopted, duly certified  by  the town clerk or board of canvassers, to be filed in the offices of the department of state  and  the  department  of  audit  and control.   3.  (a) If a town shall determine, pursuant to the method specified in paragraph (a) of subdivision one of this section, to become  a  town  of the first class, such change of classification shall become effective on the  first  day  of  January  next  succeeding  the  first biennial town election held at least one hundred fifty days  after  the  date  of  the adoption   of  the  resolution  determining,  subject  to  a  permissive referendum, to become a town of the first class. On and after said first day of January, such town shall be a town of the first class.  (b) If a town shall determine, pursuant to  the  method  specified  in paragraph  (b)  of  subdivision one of this section, to become a town of the first class, such change of classification shall become effective on the first day  of  January  next  succeeding  the  first  biennial  town election  held  at  least  ninety days after the date of adoption of the proposition changing the classification of the town to that of a town of the first class, pursuant to article six of this chapter. On  and  after said first day of January, such town shall be a town of the first class.   4. (a) Any town which shall have determined, pursuant to either method specified  in  subdivision  one of this section, to become a town of the first class, shall elect, at  the  biennial  town  election  immediately preceding  the  effective  date  of  the  change  of classification, the  following town officers: a supervisor for a  term  of  two  years,  and, except   as   otherwise  provided  herein,  a  town  clerk  and  a  town superintendent of highways for terms of two years each and a receiver of taxes and assessments for a term of four years.  (b)  In addition to the officers specified in the preceding paragraph, there shall also be elected at such biennial town  election  in  a  town which  has  four or more justices of the peace but no town councilman on the first day of July immediately preceding such election:  one  justice of  the peace for a term of four years, two town councilmen for terms of four years each, and two town councilmen for terms of two years each.   Any such town which on the first day of July preceding  said  biennial town  election  has three justices of the peace and one town councilman, shall elect at said biennial town election one justice of the peace  for a  term  of four years, two town councilmen for terms of four years each and one town councilman for a term of two  years,  in  addition  to  the officers specified in paragraph (a) of this subdivision.   Any  such  town which on the first day of July preceding said biennial town election has two justices of the peace and two town councilmen  and the  term  of  one of such justices of the peace and of one of such town councilmen expires on December  thirty-first  following  such  election, shall elect at such election one justice of the peace for a term of four years,  two  town  councilmen  for terms of four years each and one town councilman for a  term  of  two  years,  in  addition  to  the  officers specified in paragraph (a) of this subdivision.   Any  such  town which on the first day of July preceding said biennial town election has two justices of the peace and two town councilmen  and the  term  of  office  of  both  such  justices  of the peace expires on December thirty-first following  such  election,  shall  elect  at  such election  two justices of the peace for terms of four years each and two town councilmen for terms  of  four  years  each,  in  addition  to  the officers specified in paragraph (a) of this subdivision.   Any  such  town which on the first day of July preceding said biennial town election has two justices of the peace and two town councilmen  and the  term  of  office  of  both such town councilmen expires on December thirty-first following such election, shall elect at such  election  two town councilmen for terms of four years each and two town councilmen for terms  of  two  years  each,  in  addition  to the officers specified in paragraph (a) of this subdivision.  (c) The term of office  of  each  of  the  officers  elected  at  said biennial  town  election  shall  begin  on the first day of January next succeeding said election.  (d) Party nominations for the offices to be filled  at  said  biennial town  election  shall be made and designating petitions may be filed and such officers shall be elected in the manner provided  by  law  for  the nomination, designation and election of town officers in such town.  (e)  This  section shall not be construed to require the election of a town clerk or a town superintendent of highways if such office shall  be an  appointive  office in such town on the effective date of such change of classification.  (f) Not less than  ninety  days  before  the  biennial  town  election immediately   preceding   the   effective   date   of   the   change  of classification, the town board may adopt  a  resolution,  subject  to  a permissive  referendum, determining that the office of receiver of taxes and assessments shall be  an  appointive  office  in  such  town.  Every elector  of  the  town  shall be entitled to vote at any referendum held thereon pursuant to the provisions of article seven of this chapter.  If the  town board shall have adopted such a resolution and no petition for a referendum thereon shall have been filed within the time specified  in  article seven of this chapter, or if the majority of the votes cast on a proposition  to  approve  such  a  resolution  submitted pursuant to the provisions of said article seven shall be in the affirmative, the office of  receiver  of taxes and assessments shall thereafter be an appointive office in such town and no receiver of taxes and  assessments  shall  be elected   at  the  biennial  town  election  immediately  preceding  the effective date of such change of classification, and on  and  after  the effective  date  of  such change of classification, the town board shall appoint a receiver of taxes and assessments  who  shall  take  and  hold office  for  the term provided by this chapter. In any town in which the office of receiver of taxes and assessments  shall  be  appointive,  the town  board  may  appoint the town clerk of said town as the receiver of taxes and assessments thereof.  (g) This section shall not be construed to require the election  of  a town superintendent of highways for a two year term in any town in which such term has been increased to four years pursuant to the provisions of section  twenty-four  of  this  chapter;  and  nothing contained in this section shall be construed to abridge the  term  of  office  of  a  town superintendent  of  highways  elected  for a term of four years prior to change of classification.   5. Nothing contained in this section shall be construed to abridge the term of office of a justice of the peace elected prior to  the  adoption of  the  resolution or proposition for the change of classification, but on and after the effective date of such change  of  classification,  any such  justice  of the peace shall exercise only such powers and shall be subject to only such duties, responsibilities and liabilities  as  shall be prescribed by law with respect to a justice of the peace in a town of the first class.   6.  Town  collectors and school district collectors. In any town which shall  have  determined,  pursuant  to  either   method   specified   in subdivision  one  of  this section, to become a town of the first class, the collector shall continue in office until the effective date of  such change  of  classification.  On  and  after  such  date,  the  office of collector and the office of school district collector shall be abolished in such town and no collector or  school  district  collector  shall  be chosen  at  any  time  to  succeed  the  incumbents  of  the  offices so abolished.   7. (a) Assessors. If on the first day of  July  immediately  preceding the  effective  date of the change of classification any such town shall have three elective assessors, no successors thereto shall be elected at the biennial town election immediately preceding the effective  date  of such  change  of  classification  and  the  terms  of office of all such elective assessors whose term would extend beyond the effective date  of such  change  of classification shall terminate on the effective date of such change of classification. On or after the effective  date  of  such change  of  classification, the town board of said town shall appoint an assessor in the manner and for the  term  prescribed  by  section  three hundred ten of the real property tax law.  (b)  If  on  the first day of July immediately preceding the effective date of the change of  classification  any  such  town  shall  have  one appointive  assessor who shall have been appointed in the manner and for the term prescribed by section three hundred ten of  the  real  property tax  law,  such assessor shall continue in office for the balance of his unexpired term, or for an indefinite term if the term of office of  such assessor  shall  have  been for an indefinite term immediately preceding the effective date of such change of classification.   8. Town board. On and after  the  effective  date  of  the  change  of classification  of  such  town,  the  supervisor and the town councilmen  shall constitute the town board thereof. Such town board shall have  all the powers and be subject to all the duties of a town board of a town of the first class.