2023 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
council  members, 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 council
members,  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 council member.
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  council  member  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 council member shall be elected, so that thereafter such
town  shall  have four town council members. Each town council member 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,  council
member,  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 "council member" and "council members" whenever used in
this chapter shall include all persons eligible to hold such office.
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.