2023 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 council member
on the first day  of  July  immediately  preceding  such  election:  one
justice  of the peace for a term of four years, two town council members
for terms of four years each, and two town council members 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  council
member,  shall  elect  at said biennial town election one justice of the
peace for a term of four years, two town council members  for  terms  of
four  years each and one town council member 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 council members
and  the  term  of  one of such justices of the peace and of one of such
town council members 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 council members for  terms  of  four  years
each and one town council member 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 council members
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  council  members  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 council members
and  the  term  of  office  of both such town council members expires on
December thirty-first following  such  election,  shall  elect  at  such
election  two  town council members for terms of four years each and two
town council members 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 council members
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.