2023 New York Laws › TWN - Town › Article 4 - Town Boards › 60-A - Removal of Town Justices From Town Board.

§  60-a.  Removal of town justices from town board. 1. Notwithstanding
  any provision of this chapter or any other law to the contrary,  in  any
  town  in  which  a  town justice serves as a member of the town board, a
  vacancy shall be created and is hereby created on the  town  board  upon
  the  expiration of the term of office of such justice and the membership
  of such town board shall consist of a town supervisor and  town  council
  members  and the vacancy on such town board created by the expiration of
  the term of the town justice shall be filled  at  the  general  election
  preceding  the expiration of the term of such justice by the election of
  a town council member, unless the office of town council member does not
  exist in such town. In the event the town board determines that  council
  members  should  be elected biennially and in order to so provide, it is
  necessary that such council member be elected for a single one year term
  or a single three year term, such town board may, by resolution  provide
  that  the town council member elected to fill the vacancy created by the
  expiration of the term of town justice as town board  member,  shall  be
  first  elected  for  a single one or three year term as provided in such
  resolution and their successors shall thereafter  be  elected  for  four
  year terms.
Notwithstanding  the  provisions  of this section, or any other law to
  the contrary, which provides that a town justice shall not constitute  a
  member of the town board, such office of town justice shall continue and
  such town justice shall have all the powers and duties of a town justice
  as defined by the uniform justice court act and as otherwise provided by
  law.  Such  town  justices shall continue to be elected as town justices
  except that such town justices shall not constitute members of the  town
  board.
2.  In the event the town board determines that it will be in the best
  interests of the town, such  town  board  may,  by  the  adoption  of  a
  resolution,  subject  to  permissive  referendum,  reduce  the number of
  council members or town justices and provide that the term of such  town
  council member first elected shall be for a single two or four year term
  in  order  to  provide  for  biennial town elections and their successor
  shall thereafter be elected for four year terms. In no event  shall  any
  town  board  constitute  less  than  two  town  council  members and the
  supervisor. The town board of any town in which the  number  of  council
  members  or  justices has been reduced pursuant to this subdivision, may
  adopt a resolution, subject to permissive referendum, restoring  one  or
  two  of  the  offices  of  council  members  or town justices previously
  reduced, provided, however, that the total number of town  justices  for
  such  town  including  the restored offices, shall not exceed the number
  provided in subdivision one of section  twenty  of  this  chapter.  Such
  resolution  shall  provide  for a two or four year term for the restored
  office  of  council  member  in  order  to  provide  for  biennial  town
  elections, and their successor shall thereafter be elected for four year
  terms.  The election of a council member or town justice to the restored
  office shall take place at the biennial town  election  next  succeeding
  the  effective  date of such resolution, for a term of office commencing
  January first following the election.