2023 New York Laws › TWN - Town › Article 2 - Classification of Towns › 11 - Mandatory Change of Classification.

§  11.  Mandatory  change of classification. 1. Upon the completion of
each decennial federal census, the secretary of state shall obtain  from
the  proper  federal  authorities  an  authenticated  statement  of  the
population of each town according  to  such  federal  census.  When  the
population  of any town as shown by such federal census is five thousand
or more, the secretary of state shall file with the town clerk  of  such
town  a copy of such authenticated statement. Whenever the population of
any town of the second class shall be shown to be ten thousand  or  more
according  to  such  certificate  or  authenticated statement, excepting
towns in Suffolk and Broome counties, and excepting  also  the  town  of
Potsdam  in St. Lawrence county and the town of Ulster in Ulster county,
the classification of such town shall be changed to that of  a  town  of
the  first  class  to  become  effective  on  the  first  day of January
succeeding the next biennial election held in  said  town,  except  that
said town shall elect at the biennial election hereinbefore referred to,
all  the  officers and only such as are required to be elected in a town
of the first class.
2. (a) Any town which shall have become a town  of  the  first  class,
pursuant to subdivision one of this section, shall elect at the biennial
town  election immediately preceding the effective date of the change of
classification, the following town officers: a supervisor, 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, except as
otherwise provided by this chapter.
(b) In addition to the officers specified in the preceding  paragraph,
there shall also be elected at such biennial town election:
(1) In a town which has two justices of the peace and two town council
members  and  the  term  of one of such justices of the peace and one of
such town council members expires  on  December  thirty-first  following
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;
(2) In a town which 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,  two  justices
of  the peace for terms of four years each, and two town council members
for terms of four years each;
(3) In a town which 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,  two  town  council
members  for  terms of four years each, and two town council members for
terms of two years each.
(c) The term of office  of  each  of  the  officers  elected  at  such
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 officer for a two year term in any town in which such term has been
increased to four years pursuant to the provisions of this chapter;  and
nothing contained in this section shall be construed to abridge the term
of  office  of  any  such  town officer elected for a term of four years
prior to change of classification.
(f) 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.
(g)  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.
3. Nothing contained in this section shall be construed to abridge the
term of office of a justice of the peace heretofore elected in any  town
to  which  this section shall apply, 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.
4.  Town  collectors  and  school  district collectors. In any town to
which this section shall apply, 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.
5.  (a)  Assessors.  If  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 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 any such town shall have one elective  assessor,  no  successor
thereto  shall  be  elected  at  the  biennial town election immediately
preceding the effective date of such change  of  classification.  On  or
after  the  effective  date  of  such change of classification, the town
board shall  appoint  an  assessor  in  the  manner  and  for  the  term
prescribed by section three hundred ten of the real property tax law.
(c)  If  any  such  town  shall  have  one appointive assessor who was
appointed in the manner and for the term  prescribed  by  section  three
hundred  ten of the real property tax law, such assessor shall remain in
office for the balance of his unexpired term or shall continue in office

for an indefinite term if the office of assessor shall have been for  an
indefinite  term immediately preceding the effective date of such change
of classification.
6.  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.