2013 New York Consolidated Laws
VIL - Village
Article 17 - (17-1700 - 17-1735) 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 councilmen 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,  councilmen  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 councilmen shall be the terms regularly provided
  by law and the terms for the other two councilmen  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  councilmen  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
  councilmen shall be one year for two councilmen and three years for  the
  other  two  councilmen 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.
    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.