NY Vill L § 17-1703-A (2021)
2021 New York Laws VIL - Village Article 17 - Provisions Applicable to a Village Embracing the Entire Territory of a Town 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 councilmen 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,  councilmen  and  justices shall be for terms of office as follows:  (a) If such election is held in an odd-numbered year, then the term of office  for  supervisor shall be the term regularly provided by law; the terms of office for two councilmen shall be the terms regularly provided by law and the terms for the other two councilmen  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  councilmen  as  above provided,  the  terms for such offices shall be as regularly provided by law.  (b) If such election is held in an even-numbered year, then  the  term of  office  for  supervisor  shall  be one year; the terms of office for councilmen shall be one year for two councilmen and three years for  the other  two  councilmen 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.