NY Town L § 20 (2021)
2021 New York Laws TWN - Town Article 3 - Town Officers, Powers, Duties and Compensation 20 - Town Officers.

§ 20. Town officers. 1. (a) Every town of the first class shall have a supervisor,  four  town  council  members,  unless the number of council members shall have been increased to six or decreased to two as provided by this chapter, a town clerk, two town justices, a town  superintendent of  highways, one assessor, a receiver of taxes and assessments, as many town police officers and such other employees  as  the  town  board  may determine  necessary  for the proper conduct of the affairs of the town. The supervisor, town counsel members, town clerk,  town  justices,  town superintendent  of  highways  and  receiver  of taxes and assessments in every such town shall be elective. All other officers and  employees  in such  a  town  shall be appointed by the town board, except as otherwise provided by law. In any town in which a town police department has  been established  pursuant to law, or which town is a part of a county police district, the town board may appoint not more than four  civil  officers who  shall  possess  all  the  powers  and duties of constables in civil actions and proceedings only, and shall be paid no salary  by  the  town board but shall be entitled to collect the statutory fees allowed by law in  such civil actions and proceedings. The clerk of the court of a town shall be employed and discharged from employment only  upon  the  advice and consent of the town justice or justices.  (b)  Except  as  otherwise  provided  by law, every town of the second class shall have a supervisor, two  justices  of  the  peace,  two  town councilmen,  a  town  clerk,  a  town  superintendent of highways, three assessors, a collector, and, if there be no town police  department,  as many  constables  as the town board may determine necessary. In any such town in which a town police department has been established pursuant  to law,  the  town  board may appoint not more than four civil officers who shall possess all the powers and duties of constables in  civil  actions and  proceedings  only,  except  that  the  town  board  of  the town of Southold, county of Suffolk, may appoint four additional constables, who shall possess all the powers and  duties  of  constables  in  civil  and criminal  actions  and  proceedings,  solely  for the benefit of Fishers Island located in such town; provided, however,  that  nothing  in  this paragraph  shall be deemed to authorize such constables to carry, repair or dispose of a firearm unless the  appropriate  license  therefore  has been  issued  pursuant  to section 400.00 of the penal law; and shall be paid no salary by the town board but shall be entitled  to  collect  the statutory  fees  allowed  by  law in such civil actions and proceedings. Every town of the second class may have in addition such other employees as the town board may determine necessary for the proper conduct of  the affairs  of  the  town.  The  supervisor,  justices  of  the peace, town councilmen, town clerk, town superintendent of highways,  assessors  and collector  in  every such town shall be elected. All other town officers and employees in such a town shall  be  appointed  by  the  town  board, except  as  otherwise provided by law. Provided, however, that in a town having less than three  hundred  inhabitants  according  to  the  latest federal  census and having a taxable property valuation of less than one hundred thousand dollars according to the latest assessment roll,  there shall  be  elected one justice of the peace for a term of four years and one assessor for a term of two years, but no town councilman. Successors to such officers shall be elected for like terms at  the  biennial  town election  prior to the expiration of their terms of office. The clerk of the court of a town shall be employed  and  discharged  from  employment only upon the advice and consent of the town justice or justices.  (c)  Notwithstanding  the provisions of this section or the provisions of any other general or special law, in the town  of  Smithtown  in  the county of Suffolk, a proposition calling for the abolition of the office of  justice  of the peace within such town, as authorized by chapter two  hundred seventy-eight of the laws of nineteen  hundred  fifty-eight,  as amended  by chapter eight hundred eleven of the laws of nineteen hundred sixty-two,  constituting  the  Suffolk  county  charter,   having   been submitted  to  the electors of such town at the general election held in nineteen hundred sixty-two  and  having  at  such  election  received  a majority  of affirmative votes, the justices of the peace holding office in such town at the time of such vote shall continue in office until the end of the respective terms for which they were elected. At the  general election immediately preceding the expiration of the term of the justice of  the  peace  in such town whose term shall first expire an additional town councilman shall be elected, and at the general election  preceding the  expiration  of  the  term  of the justice of the peace in such town whose term shall be the second such term to  expire  another  additional town  councilman  shall  be  elected, so that thereafter such town shall have four town councilmen. Each town  councilman  so  elected  shall  be elected for a term of four years and shall hold office during such term.  (d)  Notwithstanding  the  provisions  of this chapter or of any other general or special law, any town, which by the latest federal census  or special census has a population of more than fifty thousand inhabitants, may,  by  a resolution, submit to a referendum a proposition calling for the establishment of the office of a third town justice and a town  with a  population  of  more than seventy-five thousand may, by a resolution, submit to a referendum a proposition calling for  the  establishment  of the  offices  of  a  third,  of  a  fourth or of a third and fourth town justice. Such referendum must be submitted to the voters  at  least  one hundred  twenty  days  prior  to the next biennial town election. At the next biennial town election immediately succeeding the approval  of  the proposition  hereinabove  provided  for,  said  town  justices  shall be elected for a term of four years and shall hold office during such term. Provided, however, such justice so elected shall not serve as  a  member of  the  town  board  but  shall  exercise  all  other powers and duties necessary or incident to such office. Successors to such office shall be elected for like terms and shall exercise like powers and duties.  (e) Notwithstanding the provisions of any general,  special  or  local law  to  the contrary, the town board of the town of Southampton, county of Suffolk, may adopt a resolution, subject to a  permissive  referendum as provided by article seven of this chapter, at least one hundred fifty days  prior  to  any  biennial  town election determining that such town shall have four town justices. If the town board of such town shall have adopted such a resolution and no petition shall have been  filed  within the  time  specified  for  a referendum thereon, or if a majority of the votes cast on any such proposition submitted to vote of the electors  be in  the  affirmative,  the  electors  of  such  town  shall elect at the succeeding  biennial  election,  and  quadrennially   thereafter,   such additional  town justice for a term of four years beginning on the first day of January next succeeding such biennial town election.  (f)  Notwithstanding  the  provisions  of  paragraph   (b)   of   this subdivision,  every town of the second class which has not exercised the option to retain elective assessors in the  manner  provided  by  former section  fifteen  hundred  fifty-six  of the real property tax law shall have one assessor to be  appointed  in  the  manner  and  for  the  term prescribed by section three hundred ten of the real property tax law.  (g)  Notwithstanding  the  provisions of any general, special or local law to the contrary, the town board of the town of Clarkstown, county of Rockland, may adopt a resolution at least one hundred fifty  days  prior to any biennial town election determining that such town shall have four town  justices. If the town board of such town shall have adopted such a resolution, the electors of such town  shall  elect  at  the  succeeding  biennial  election,  and  quadrennially thereafter, such additional town justice for a term of four years beginning on the first day  of  January next succeeding such biennial town election.  (h)  Notwithstanding  the  provisions of any general, special or local law to the contrary, the town board of the town of Henrietta, county  of Monroe  may  adopt  a  resolution, subject to a permissive referendum as provided by article seven hereof, at  least  sixty  days  prior  to  any regular  or special election determining that such town shall have three town justices. If the town board of such town shall have adopted such  a resolution  and  no  petition  shall  have  been  filed  within the time specified for a referendum thereon, or if a majority of the  votes  cast on  any such proposition submitted to the vote of the electors be in the affirmative, the electors of such town shall  elect  at  the  succeeding general election a town justice who shall take office for a term of four years  beginning  on  the  first  day  of  January  next succeeding such biennial town election.  (i) Notwithstanding the provisions of any general,  special  or  local law to the contrary, the town board of the town of Orangetown, county of Rockland  may  adopt a resolution, subject to a permissive referendum as provided by article seven hereof, at  least  sixty  days  prior  to  any regular  or special election determining that such town shall have three town justices. If the town board of such town shall have adopted such  a resolution  and  no  petition  shall  have  been  filed  within the time specified for a referendum thereon, or if a majority of the  votes  cast on  any such proposition submitted to the vote of the electors be in the affirmative, the electors of such town shall  elect  at  the  succeeding general election a town justice who shall take office for a term of four years  beginning  on  the  first  day  of  January  next succeeding such biennial town election.  (j) Notwithstanding the provisions of any general,  special  or  local law  to the contrary, the town board of the town of Champlain, county of Clinton may adopt a resolution, subject to a  permissive  referendum  as provided  by article seven of this chapter, at least sixty days prior to any regular or special election determining that such  town  shall  have three  town  justices. If the town board of such town shall have adopted such a resolution and no petition shall have been filed within the  time specified  for  a referendum thereon, or if a majority of the votes cast on any such proposition submitted to the vote of the electors be in  the affirmative,  the  electors  of  such town shall elect at the succeeding general election a town justice who shall take office for a term of four years beginning on  the  first  day  of  January  next  succeeding  such biennial town election.   * (k)  Notwithstanding the provisions of any general, special or local law to the contrary, the town board of the town of Unadilla,  county  of Otsego  may  adopt  a  resolution, subject to a permissive referendum as provided by article seven hereof, at  least  sixty  days  prior  to  any regular  or special election determining that such town shall have three town justices. If the town board of such town shall have adopted such  a resolution  and  no  petition  shall  have  been  filed  within the time specified for a referendum thereon, or if a majority of the  votes  cast on  any such proposition submitted to the vote of the electors be in the affirmative, the electors of such town shall  elect  at  the  succeeding general election a town justice who shall take office for a term of four years  beginning  on  the  first  day  of  January  next succeeding such biennial town election.   * NB There are 3 par (k)'s   * (k) Notwithstanding the provisions of any general, special or  local law  to  the  contrary, the town board of the town of Sennett, county of  Cayuga may adopt a resolution, subject to  a  permissive  referendum  as provided  by  article  seven  hereof,  at  least sixty days prior to any regular or special election determining that such town shall have  three town  justices. If the town board of such town shall have adopted such a resolution and no  petition  shall  have  been  filed  within  the  time specified  for  a referendum thereon, or if a majority of the votes cast on any such proposition submitted to the vote of the electors be in  the affirmative,  the  electors  of  such town shall elect at the succeeding general election a town justice who shall take office for a term of four years beginning on  the  first  day  of  January  next  succeeding  such biennial town election.   * NB There are 3 par (k)'s   * (k)  Notwithstanding the provisions of any general, special or local law to the contrary, every town which has a contract in force and effect with another municipality for the municipality to provide highway,  road and  street  maintenance  and  repair for a period of not less than five years may adopt  a  local  law,  subject  to  permissive  referendum  as provided by article seven of this chapter, not later than July fifteenth of  the  year  prior  to which the term of office of the current elected town superintendent of highways shall expire, that  the  office  of  the town  superintendent  of  highways  shall  be  abolished.  A  town which thereafter terminates such a contract shall re-establish the position of town superintendent of highways by local law as an appointive office.   * NB There are 3 par (k)'s  (l) Notwithstanding the provisions of any general,  special  or  local law  to  the  contrary,  the  town board of the town of East Bloomfield, county of Ontario may  adopt  a  resolution,  subject  to  a  permissive referendum  as  provided  by  article  seven hereof, at least sixty days prior to any regular or special  election  determining  that  such  town shall  have  three  town  justices. If the town board of such town shall have adopted such a resolution and no petition  shall  have  been  filed within  the time specified for a referendum thereon, or if a majority of the votes cast on any such proposition submitted  to  the  vote  of  the electors be in the affirmative, the electors of such town shall elect at the succeeding general election a town justice who shall take office for a  term  of  four  years  beginning  on  the  first  day of January next succeeding such biennial town election. Upon the  election  of  a  third town  justice, the town board shall adopt a resolution to abolish one of the offices of town justice for the purpose of staggering the  elections of its town justices.  (m)  Notwithstanding  the  provisions of any general, special or local law to the contrary, the town board of the town of  Guilderland,  county of  Albany may adopt a resolution, subject to a permissive referendum as provided by article seven of this chapter, at least sixty days prior  to any  regular  or  special election determining that such town shall have three town justices. If the town board of such town shall  have  adopted such  a resolution and no petition shall have been filed within the time specified for a referendum thereon, or if a majority of the  votes  cast on  any such proposition submitted to the vote of the electors be in the affirmative, the electors of such town shall  elect  at  the  succeeding general election a town justice who shall take office for a term of four years  beginning  on  the  first  day  of  January  next succeeding such biennial town election.  (n) Notwithstanding the provisions of any general,  special  or  local law  to  the  contrary,  the  town board of the town of Sodus, county of Wayne may adopt a resolution, subject  to  a  permissive  referendum  as provided  by  article  seven  hereof,  at  least sixty days prior to any regular or special election determining that such town shall have  three  town  justices. If the town board of such town shall have adopted such a resolution and no  petition  shall  have  been  filed  within  the  time specified  for  a referendum thereon, or if a majority of the votes cast on  any such proposition submitted to the vote of the electors be in the affirmative, the electors of such town shall  elect  at  the  succeeding general election a town justice who shall take office for a term of four years  beginning  on  the  first  day  of  January  next succeeding such biennial town election. Upon the election of a third town  justice,  the town  board  shall  adopt  a resolution to abolish one of the offices of town justice for the purpose of staggering the  elections  of  its  town justices.  (o)  In the event the village court of the village of Ossining, county of Westchester, is  abolished  effective  January  first,  two  thousand twelve,  the  town court of the town of Ossining, county of Westchester, shall thereupon  have  three  town  justices.  The  third  town  justice established  by  this paragraph shall first be filled by election at the regular election held immediately prior to the date of abolition of  the village court of the village of Ossining as provided by the election law and the public officers law.  (p)  Notwithstanding  the  provisions of any general, special or local law to the contrary, the town board of the town of Wallkill,  county  of Orange  may  adopt  a  resolution, subject to a permissive referendum as provided by article seven of this chapter, at least sixty days prior  to any  regular  or  special election determining that such town shall have three town justices. If the town board of such town shall  have  adopted such  a resolution and no petition shall have been filed within the time specified for a referendum thereon, or if a majority of the  votes  cast on  any such proposition submitted to the vote of the electors be in the affirmative, the electors of such town shall  elect  at  the  succeeding general election a town justice who shall take office for a term of four years  beginning  on  the  first  day  of  January  next succeeding such biennial town election.  (q) In the event the village court of the  village  of  Port  Chester, county  of  Westchester,  is  abolished  effective  May  fifteenth,  two thousand twenty-one, the town court  of  the  town  of  Rye,  county  of Westchester,  shall  thereupon  have  four  town justices. The third and fourth town justices established pursuant to  this  paragraph  shall  be filled  by  election  at the regular election held immediately after the date of abolition of the village court of the village of Port Chester as provided by the election law and the public officers law.  (r) Notwithstanding the provisions of any general,  special  or  local law  to the contrary, the town board of the town of Rotterdam, county of Schenectady may adopt a resolution, subject to a  permissive  referendum as provided by article seven of this chapter, at least one hundred fifty days  prior  to  any  biennial election determining that such town shall have three town justices. If the town board  of  such  town  shall  have adopted  such  a resolution and no petition shall have been filed within the time specified for a referendum thereon, or if  a  majority  of  the votes  cast on any such proposition submitted to vote of the electors be in the affirmative, the  electors  of  such  town  shall  elect  at  the succeeding   biennial   election,  and  quadrennially  thereafter,  such additional town justice for a term of four years beginning on the  first day of January next succeeding such biennial town election.   2.  (a)  The town board of every town may establish the office of town attorney or town engineer, or both. If the town board shall so establish the office of town attorney or town engineer, or both, it shall fix  the salary  of  such officer or officers. In addition, the town board of any such town may employ counsel to the town  attorney  in  respect  to  any  particular  subject  matter,  proceeding or litigation, or it may employ such expert engineering service in respect  to  any  particular  subject matter, improvement or proceeding, as it may necessarily require. A town of  the first class shall have the authority to appoint such deputies in the offices of the town attorney and town engineer as may be provided by resolution of such board and fix the salaries therefor. A  town  of  the second class having a population of over seventy-five thousand according to  the  latest  federal  census  or  state  enumeration  shall have the authority to appoint such deputies in the office of the town attorney as may be provided by  resolution  of  such  board  and  fix  the  salaries therefor.  The  terms  of  such  offices  shall  be  indefinite  and the appointees thereto shall be removable at the pleasure of the town board.  (b) The town board of any town which shall not  have  established  the office  of  town  attorney  may  employ  an  attorney  to  give  it such professional service and advice as it may require, and the town board of any town which shall not have established the office  of  town  engineer may  employ  an engineer to give it such professional service and advice as it may require.   3. (b) The town board of any town of the first class, or any  town  of the second class having a population of over forty thousand according to the  latest  federal census or state enumeration, may adopt a resolution establishing  the  office  of  town  comptroller  and  appoint  a   town comptroller  who  shall  hold office until the first day of January next succeeding the first biennial town election held after the time  of  his appointment.  On  the  first  day  of  January next succeeding the first biennial town election held after the time of the establishment of  such office,  and  biennially  thereafter,  the  town  board  shall appoint a comptroller who shall hold office for a term  of  two  years.  The  town board  of  any  town  in which the office of town comptroller shall have been established may adopt a resolution abolishing such office and  upon the  expiration of the term of office of the incumbent such office shall be abolished and no successor shall be appointed.  (c) The town board of any town of the first class  may  establish  the office  of  deputy  receiver of taxes and assessments and fix the salary therefor; and the town board of any such town in which such office shall have been established may abolish such office. It shall be the  duty  of the  deputy  receiver of taxes and assessments to assist the receiver of taxes and assessments in the performance of his duties. The  town  board of  any  such  town  wherein  the office of deputy receiver of taxes and assessments has been created may also establish one additional office of deputy receiver of taxes and assessments and may fix the salary therefor and prescribe his duties and  where  such  additional  office  has  been established may abolish same.  (d)  The  town  board  of any town which has established the office of town comptroller pursuant to the provisions of  paragraph  (b)  of  this subdivision,  may establish the office of deputy comptroller and fix the salary therefor; and the town board of  any  such  town  in  which  such office  shall have been established may abolish such office. It shall be the duty of the deputy comptroller to  assist  the  comptroller  in  the performance  of  his duties and if and when the comptroller is absent or is unable to perform the duties of his office for any other reason, such deputy shall have full power and authority to perform all the duties  of the  comptroller  so  long as such officer is either absent or otherwise incapable of performing his duties.  (e) The town board of any town may adopt a resolution establishing the office of director of purchasing and appoint a  director  of  purchasing who shall hold office until the first day of January next succeeding the first  biennial town election held after the time of his appointment. On  the first day  of  January  next  succeeding  the  first  biennial  town election  held  after  the time of the establishment of such office, and biennially thereafter, the  town  board  shall  appoint  a  director  of purchasing  who  shall  hold  office  for a term of two years. If a town board so determines,  the  duties  of  director  of  purchasing  may  be combined with the duties of any other town officer, official or employee except  members  of the town board or comptroller. The town board of any town in which the office of  director  of  purchasing  shall  have  been established  may  adopt a resolution abolishing such office and upon the expiration of the term of office of the incumbent such office  shall  be abolished and no successor shall be appointed.   4.  No  person  shall  be eligible to hold more than one elective town office but the town board for the purpose of consolidating  offices  and positions,  may  at  any time by resolution enlarge, increase and impose further and other duties than those prescribed by law upon any  elective or  appointed  officer or employee and fix a single compensation for the performance of all such duties. No  member  of  the  town  board  shall, however, be comptroller of such town.   5.  The term "officer" and/or "officers" whenever used in this chapter shall include the incumbents of the offices of  supervisor,  councilman, town  clerk, justice of the peace, superintendent of highways, assessor, receiver of taxes and assessments and collector, or any of them.   5-a. The terms "councilman" and "councilmen"  whenever  used  in  this chapter shall include persons of the male and female gender and those of the  female  gender  shall be known and designated as "councilwoman" and "councilwomen".   6. (a) At least one hundred fifty days  prior  to  any  biennial  town election,  the  town board of any town in which the appointive office of town clerk shall exist, may adopt a resolution, subject to a  permissive referendum, that the office of town clerk shall be an elective 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  shall have been filed within the time specified in article seven for a referendum thereon, or, if a majority of the votes  cast  on any  such  proposition  submitted  pursuant to the provisions of article seven be in the affirmative the office of town clerk shall thereafter be an elective office in such town, and a town clerk shall  be  elected  at the  succeeding  biennial  town  election  for the term provided by this chapter, beginning on the first day  of  January  next  succeeding  such biennial  town  election  and  the term of office of the appointive town clerk for whom such successor shall be  elected  shall  expire  on  said first day of January.  (b)  At  least  one  hundred  fifty  days  prior  to any biennial town election the town board of any town in which the  appointive  office  of town  superintendent  of  highways  shall exist, may adopt a resolution, subject  to  a  permissive  referendum   that   the   office   of   town superintendent  of  highways  shall  be an elective 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  shall  have  been  filed  within the time specified in article seven for a referendum thereon, or, if a majority of the votes  cast  on any  such  proposition  submitted  pursuant to the provisions of article seven be in  the  affirmative  the  office  of  town  superintendent  of highways shall thereafter be an elective office in such town, and a town superintendent  of  highways shall be elected at the succeeding biennial town election for the term provided by this chapter,  beginning  on  the  first day of January next succeeding such biennial town election and the term  of  office  of  the appointive town superintendent of highways for whom such successor shall be elected shall expire on said first  day  of January.  (c)  At  least  one  hundred  fifty  days  prior  to any biennial town election, the town board of any town of the first  class  in  which  the appointive  office of receiver of taxes and assessments shall exist, may adopt a resolution, subject to a permissive referendum, that the  office of receiver of taxes and assessments shall be an elective 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  shall have been filed within the time specified in article seven for a referendum thereon, or, if a majority of the votes  cast  on any  such  proposition  submitted  pursuant to the provisions of article seven be in  the  affirmative  the  office  of  receiver  of  taxes  and assessments  shall  thereafter be an elective office in such town, and a receiver of taxes and assessments shall be  elected  at  the  succeeding biennial  town election for the term provided by this chapter, beginning on the first day of January next succeeding such biennial town  election and  the  term  of  office  of  the  appointive  receiver  of  taxes and assessments for whom such successor shall be  elected  shall  expire  on said first day of January.