2023 New York Laws › VIL - Village › Article 17 - Provisions Applicable to a Village Embracing the Entire Territory of a Town › 17-1703-A - Filling of Town Offices; Election of Officers.

§  17-1703-a  Filling of town offices; election of officers. 1. In any
village as to which a town  is  created  to  be  coterminous  with  such
village,  and in any village which after July first, two thousand twelve
annexes territory to embrace the entire territory of a town, there shall
be submitted to the voters in  such  village  at  the  November  general
election  next preceding the effective date of the creation of such town
or annexation of such territory, a proposition as  follows:  "Shall  the
local  government  of           operate  PRINCIPALLY  AS  A  VILLAGE  or
PRINCIPALLY AS A TOWN?" Such proposition shall be presented so that  the
choice to be indicated by the voter shall be either "VILLAGE" or "TOWN".
In any village which annexed territory prior to July first, two thousand
twelve  to embrace the entire area of a town, the board of trustees may,
upon its own motion, submit such a proposition to  the  voters  of  such
village at the next succeeding November general election.
2.  Upon  the  effective  date of the creation of the town coterminous
with a village, the mayor and the board  of  trustees  of  such  village
shall  constitute  respectively the interim supervisor and town board of
such town for all  purposes  until  their  successors  shall  have  been
elected and commenced their terms of office as hereinbelow provided for.
All  other  elected  and  appointed  village  officers  shall constitute
respectively and corresponding interim officers of such town until their
respective successors shall have been elected or appointed, as the  case
may  be, and commenced their terms of office as hereinbelow provided for
or as otherwise regularly provided by law.
3. In any case in which the proposition provided  for  in  subdivision
one of this section shall have resulted in favor of the local government
operating  principally  as  a  village,  the  holders of village offices
shall, from and after the effective date of the creation of the town  or
annexation  of such territory, by virtue thereof also hold town offices,
as follows:
(a) The mayor and the board of trustees shall constitute  respectively
the supervisor and the town board.
(b)  The  assessor,  clerk  and  treasurer  of  the  village shall be,
respectively, the assessor, clerk and receiver of  taxes  of  the  town,
each  for  a  term  of  office  corresponding to the term of the village
office, and the office of superintendent of highways of such town  shall
be  held by such officer or employee of the village as the village board
shall designate by resolution.
(c) Each village justice shall be apppointed to fill a vacancy in  the
office  of  town  justice, and if there shall have been only one village
justice in such village, then the village board shall appoint  a  second
town  justice  to  serve  for the remainder of the then current calendar
year and the office of acting village justice in such village,  if  any,
shall  be  thereupon  abolished.  The term of any then incumbent village
justice who shall become a town justice hereunder shall terminate at the
end of the then current calendar year, notwithstanding that such justice
may originally have been appointed or elected as a village  justice  for
some  longer  term.  Town  justices shall be elected at the next ensuing
village election for the remainder of the unexpired terms and thereafter
at village elections for the terms of office regularly provided by  law,
and  each  town justice shall enter upon and commence his term of office
at the January first next  following  his  election.  All  elections  of
officers thereafter to be held shall be village elections, to be held in
the  same  manner and at the same times as otherwise provided by law for
the election of  village  officers,  and  there  shall  be  no  separate
election  of  any  town  officers,  except as provided above herein with
respect to town justices.
* 4. In any case in which the proposition provided for in  subdivision
one of this section shall have resulted in favor of the local government
operating  principally  as a town, then, at the regular village election
next ensuing, all offices to be filled thereat shall be filled for terms
to  end at the conclusion of the then current calendar year. The term of
office of each other elected  village  office  shall  also  end  at  the
conclusion  of said then current calendar year, notwithstanding that any
such term of office originally extended beyond such date. The offices of
supervisor, four town council members and two  town  justices  shall  be
filled  by  election  as  hereinafter  provided  at the November general
election next following the effective date of the creation of such  town
or  annexation  of  such  territory;  all  other  town  offices shall be
appointive. The election of the supervisor, council members and justices
shall be for terms of office as follows:
(a) If such election is held in an odd-numbered year, then the term of
office for supervisor shall be the term regularly provided by  law;  the
terms  of  office  for  two council members shall be the terms regularly
provided by law and the terms for the other two council members shall be
two years each; the term for each justice shall be  the  term  regularly
provided  by  law.  Upon the expiration of the two year term for council
members as above provided, the  terms  for  such  offices  shall  be  as
regularly provided by law.
(b)  If  such election is held in an even-numbered year, then the term
of office for supervisor shall be one year;  the  terms  of  office  for
council  members  shall  be  one  year for two council members and three
years for the other two council members and the terms of office for each
justice shall  be  for  the  remainder  of  the  then  unexpired  terms.
Thereafter,  each office shall be filled for the term regularly provided
by law.
* NB Effective until January 1, 2025
* 4. In any case in which the proposition provided for in  subdivision
one of this section shall have resulted in favor of the local government
operating  principally  as a town, then, at the regular village election
next ensuing, all offices to be filled thereat shall be filled for terms
to end at the conclusion of the then current calendar year. The term  of
office  of  each  other  elected  village  office  shall also end at the
conclusion of said then current calendar year, notwithstanding that  any
such term of office originally extended beyond such date. The offices of
supervisor,  four  town  council  members and two town justices shall be
filled by election as  hereinafter  provided  at  the  November  general
election  next following the effective date of the creation of such town
or annexation of  such  territory;  all  other  town  offices  shall  be
appointive. The election of the supervisor, council members and justices
shall be for terms of office as follows:
(a)  If  such election is held in an even-numbered year, then the term
of office for supervisor shall be the term regularly  provided  by  law;
the terms of office for two council members shall be the terms regularly
provided by law and the terms for the other two council members shall be
two  years  each;  the term for each justice shall be the term regularly
provided by law. Upon the expiration of the two year  term  for  council
members  as  above  provided,  the  terms  for  such offices shall be as
regularly provided by law.
(b) If such election is held in an odd-numbered year, then the term of
office for supervisor shall be one year; the terms of office for council
members shall be one year for two council members and  three  years  for
the  other  two council members and the terms of office for each justice
shall be for the remainder of the then unexpired terms. Thereafter, each
office shall be filled for the term regularly provided by law.
* NB Effective January 1, 2025
5.  In  any  case in which the proposition provided for in subdivision
one of this section shall have resulted in favor of the local government
operating principally as a town,  then  each  town  officer  elected  or
appointed  as  provided  in  subdivision  four shall constitute also the
corresponding village officer,  and  no  separate  election  of  village
officers  shall thereafter be held. All elections of town officers shall
be held in the manner and at the times regularly provided by law for the
election of town officers.
6. Nothing contained in this section shall diminish the power  of  the
board of trustees pursuant to section 3-302 of this chapter or any other
provision of law.