2013 New York Consolidated Laws
VIL - Village
Article 3 - (3-300 - 3-312) OFFICERS AND ELECTIONS
3-302 - Official year, terms of office, extension or reduction of terms, biennial elections.

 
    §  3-302  Official  year,  terms  of office, extension or reduction of
  terms, biennial elections. 1. An official year begins  at  noon  on  the
  first  Monday  in  the  month  following the date of the general village
  election or the date such an election would have been held had elections
  been held annually.
    2. The term of office of each elective village officer shall  commence
  at  the  start  of the official year following his election; the term of
  office of each officer appointed at the annual meeting of the  board  of
  trustees shall commence at the start of the official year in which he is
  appointed; and the term of office of each officer appointed at any other
  time shall commence at the time of his appointment.
    3. Except as is otherwise provided herein or in this chapter, the term
  of  office  of  mayor,  each  trustee,  treasurer and clerk shall be two
  official years and the term of office of village justice shall  be  four
  official years.
    If the board of trustees of any village establishes a second office of
  village  justice  pursuant  to  section 3-301 of this article or a third
  office of the village justice pursuant to section 3-303 of this  article
  the  resolution  or  local law therefor may provide for a single term of
  one, two or three years for such second or  third  village  justice  who
  shall  serve  a  single  term of one, two or three years, as provided in
  such resolution or local  law,  commencing  on  the  first  day  of  the
  official  year  following  his election in order to provide that village
  justices shall thereafter be elected every two years. The  successor  of
  such justice shall thereafter be elected for a full four year term.
    3-a.  Notwithstanding the provisions of this chapter or any special or
  local law to the contrary, the board  of  trustees  of  the  village  of
  Spring Valley, instead of providing for the election of the successor of
  the  village  justice in the village of Spring Valley whose term expires
  at noon on the second day of April, nineteen hundred seventy-nine,  may,
  by  resolution  of said board, provide for a single term of eight months
  for the office of village justice in  said  village,  which  term  shall
  commence   at  noon  on  the  second  day  of  April,  nineteen  hundred
  seventy-nine, and shall expire at noon on the  third  day  of  December,
  nineteen  hundred  seventy-nine. In such case, the mayor shall appoint a
  village justice for such term, subject  to  approval  of  the  board  of
  trustees.  The successor of such justice shall thereafter be elected for
  a full four year term.
    3-b. Notwithstanding the provisions of this chapter or any special  or
  local  law  to  the  contrary,  the  board of trustees of the village of
  Scotia, instead of providing for the election of the  successor  of  the
  village  justice  in the village of Scotia whose term expires at noon on
  the fifth day of April, nineteen hundred eighty-two, may, by  resolution
  of  said board, provide for a single term of eight months for the office
  of village justice in said village, which term shall commence at noon on
  the fifth day of April, nineteen hundred eighty-two, and shall expire at
  noon on the sixth day of December, nineteen hundred eighty-two. In  such
  case,  the  mayor shall appoint a village justice for such term, subject
  to approval of the board of trustees.  The  successor  of  such  justice
  shall thereafter be elected for a full four year term.
    3-c.  Notwithstanding the provisions of this chapter or any special or
  local law to the contrary, the board  of  trustees  of  the  village  of
  Gouverneur  may appoint a village justice to serve from the date of such
  appointment  to  December  seventh,  nineteen  hundred  eighty-seven.  A
  successor to such justice shall be elected at the general election to be
  held  in November of nineteen hundred eighty-seven, to hold office for a
  term of four years to commence on  December  seventh,  nineteen  hundred
  eighty-seven and to end on December second, nineteen hundred ninety-one.

  Thereafter,  the  election  of  the  village  justice  in the village of
  Gouverneur shall be held at the general election to be held in  November
  of  the  year  in which the term of office of such village justice shall
  expire.
    3-d.  Notwithstanding the provisions of this chapter or any special or
  local law to the contrary, the board  of  trustees  of  the  village  of
  Potsdam  may  appoint  a  village justice to serve from the date of such
  appointment  to  December  fifth,  nineteen  hundred   eighty-eight.   A
  successor to such justice shall be elected at the general election to be
  held  in November of nineteen hundred eighty-eight, to hold office for a
  term of four years to  commence  on  December  fifth,  nineteen  hundred
  eighty-eight   and   to   end  on  December  seventh,  nineteen  hundred
  ninety-two. Thereafter, the election  of  the  village  justice  in  the
  village  of  Potsdam shall be held at the general election to be held in
  November of the year in which the term of office of such village justice
  shall expire.
    3-e. Notwithstanding the provisions of this chapter or any special  or
  local  law to the contrary, the board of trustees of the village of East
  Hills, Nassau county, may, by resolution of said board, provide for  the
  appointment to the office of village justice in said village, which term
  shall  commence  at  noon  on  the  third day of April, nineteen hundred
  eighty-nine, and shall expire at noon on  the  first  Monday  in  April,
  nineteen  hundred  ninety-one.  In  such case, the mayor shall appoint a
  village justice for such term, subject  to  approval  of  the  board  of
  trustees. Thereafter, the election of the village justice in the village
  of  East  Hills, Nassau county, shall be held at the general election to
  be held in March, nineteen hundred ninety-one and continuing thereafter,
  the successor of such justice shall be elected for a four year  term  of
  office.
    3-f.  a. Notwithstanding the provisions of this chapter or any special
  or local law to the contrary, the board of trustees of  the  village  of
  Massena,  St. Lawrence county, may, by resolution of said board, provide
  for the appointment to the office of village justice  in  said  village,
  which  term  shall  commence at noon on the third day of April, nineteen
  hundred eighty-nine, and shall expire at noon on April second,  nineteen
  hundred  ninety. In such case, the mayor shall appoint a village justice
  for such term, subject to approval of the board of trustees. Thereafter,
  the election of the village justice  in  the  village  of  Massena,  St.
  Lawrence  county,  shall  be  held at the general election to be held in
  March, nineteen hundred ninety, and continuing thereafter, the successor
  of such justice shall be elected for a four year term of office.
    b. Notwithstanding the provisions of this chapter or  any  special  or
  local  law  to  the  contrary,  the  board of trustees of the village of
  Massena, St. Lawrence county, may, by resolution of said board,  provide
  for  the  extension of the current term of office of the village justice
  of said village to expire at noon on December  fifth,  nineteen  hundred
  ninety-four.  Thereafter,  the  election  of  the village justice in the
  village of Massena, St. Lawrence county, shall be held  at  the  general
  election  to  be  held  in  November,  nineteen hundred ninety-four, and
  continuing thereafter, the successor of such justice  shall  be  elected
  for a four year term of office.
    3-g.  Notwithstanding the provisions of this chapter or any special or
  local law to the contrary, the board of trustees of the village of  Mill
  Neck,  Nassau  county, may, by resolution of said board, provide for the
  election to the office of village justice in said  village,  which  term
  shall  commence  at  noon  on the first Monday of July, nineteen hundred
  ninety-four, and shall expire at noon  on  the  first  Monday  in  July,
  nineteen hundred ninety-seven. In such case, the election of the village

  justice of the village of Mill Neck, Nassau county, for such term, shall
  be held at the general election to be held on the third Tuesday of June,
  nineteen  hundred  ninety-four.  Thereafter, the election of the village
  justice in the village of Mill Neck, Nassau county, shall be held at the
  general  election  to  be  held  on  the third Tuesday of June, nineteen
  hundred ninety-seven and continuing thereafter, the  successor  of  such
  justice shall be elected for a four year term of office.
    3-h.  Notwithstanding  any  provisions  of  this  chapter or any other
  general law, ordinance or special act, the village board of trustees  of
  the  incorporated  village of Greenport in the county of Suffolk may, by
  resolution or local law subject to  mandatory  referendum,  abolish  the
  office of village justice.
    3-i.  Notwithstanding the provisions of this chapter or any special or
  local law to the contrary, the board  of  trustees  of  the  village  of
  Canastota, Madison county, may, by resolution of said board, provide for
  the  election  to  the  office of village justice of said village, which
  term shall commence at noon on the first Monday of April,  two  thousand
  nine,  and  shall  expire  at  noon  on  the  first Monday in April, two
  thousand ten. Thereafter, the election of the  village  justice  in  the
  village  of  Canastota,  Madison  county,  shall  be held at the general
  election to be held on the third Tuesday of March, two thousand ten  and
  continuing  thereafter,  the  successor of such justice shall be elected
  for a four year term of office.
    4. The terms of office of any other village officer for whom no  other
  term of office is provided in this chapter shall be one official year or
  the  remaining  portion  thereof;  provided,  however,  that any officer
  permanently appointed to an office classified in the  competitive  class
  of  the  civil  service shall hold such office for an indeterminate term
  subject to the provisions of the civil service law.
    5. Four year terms for mayor and trustees. a. The board  of  trustees,
  by  resolution or local law subject to permissive referendum, may extend
  to four years the term of office of mayor, the terms of office  for  all
  trustees,  or  the  terms  of  office of mayor and all trustees. If such
  resolution or local law shall become effective, the offices, the term or
  terms of which have  been  extended,  shall  thereafter,  except  as  is
  otherwise  provided  in subdivision seven of this section, be filled for
  terms of four years commencing at the beginning  of  the  official  year
  following the next general village election at which such offices are to
  be  filled.  No  such  resolution  or  local  law, however, shall become
  effective within thirty days prior to a general village election.
    b. The board of trustees of any village which  has  adopted  the  four
  year  term  of  office for mayor, for all trustees, or for mayor and all
  trustees,  by  resolution  or  local  law  and  subject  to   permissive
  referendum,  may  at any time thereafter reduce to two years the term of
  office of mayor, the term of office of all trustees,  or  the  terms  of
  office  of mayor and all trustees. If such resolution or local law shall
  become effective, the offices, the term or  terms  of  which  have  been
  reduced,   shall   thereafter,   except  as  is  otherwise  provided  in
  subdivision seven of this section, be filled  for  terms  of  two  years
  commencing  at  the  beginning  of  the official year following the next
  general village election at which such offices are to be filled. No such
  resolution or local law, however, shall become effective  within  thirty
  days prior to a general village election.
    6.  Four  year terms for treasurer and clerk. a. The board of trustees
  of any village in which a resolution  or  local  law  has  been  adopted
  pursuant  to the provisions of this section extending the term of office
  of the mayor and trustees to four years, by resolution or local law  and
  subject  to  permissive referendum, may extend to four years the term or

  terms of office of the treasurer or clerk or both, except that the first
  term shall be of the required number of years so that it shall expire at
  the end of the term of office of the  mayor  then  in  office.  If  such
  resolution or local law shall become effective, the offices, the term or
  terms  of which have been extended, shall thereafter be filled for terms
  of four years, commencing at the expiration of the term of office of the
  treasurer or clerk or both in office at the time the resolution or local
  law is adopted.
    b. The board of trustees of any village which  has  adopted  the  four
  year  term  of  office  for treasurer or clerk or both, by resolution or
  local  law  and  subject  to  permissive  referendum  may  at  any  time
  thereafter  reduce  to two years the terms of office of the treasurer or
  clerk or both except that the first term shall be of the required number
  of years so that it shall expire at the end of the term of office of the
  mayor then in office. If such  resolution  or  local  law  shall  become
  effective,  the  offices,  the term or terms of which have been reduced,
  shall thereafter be filled for terms of two  years,  commencing  at  the
  expiration  of  the  term of office of the treasurer or clerk or both in
  office at the time the resolution is adopted.
    7. Biennial elections. a. The board of trustees of any  village  which
  has  provided  that the terms of office of all trustees, or the terms of
  office of mayor and all trustees shall be four years,  may,  subject  to
  permissive   referendum,  adopt  a  separate  resolution  or  local  law
  providing that general village elections shall be held biennially in the
  odd numbered years  or  in  the  even  numbered  years,  as  they  shall
  determine,  or may include in any resolution or local law providing that
  the terms of office of all trustees, or the terms of office of mayor and
  all trustees shall be four  years,  a  provision  that  general  village
  elections  shall  be held biennially in the odd numbered years or in the
  even numbered years. No such resolution or  local  law,  however,  shall
  become effective within thirty days prior to a general village election.
    b.  If  such  resolution or local law shall become effective between a
  general village election in an even numbered year and thirty days  prior
  to  a  general  village election in the next odd numbered year and shall
  provide that general  village  elections  shall  be  held  in  the  even
  numbered  years,  the  successor  to  a police justice, mayor or trustee
  whose term of office expires in an  odd  numbered  year  shall,  at  the
  general  village  election  preceding  the  expiration  of  such term of
  office, be elected for a single three year  term  and  their  successors
  shall thereafter be elected for terms of four years.
    c.  If  such  resolution or local law shall become effective between a
  general village election in an even numbered year and thirty days  prior
  to  a  general  village election in the next odd numbered year and shall
  provide that general village elections shall be held in the odd numbered
  years, the successor to a police justice, mayor or trustee whose term of
  office expires in an even numbered year shall, at  the  general  village
  election preceding the expiration of such term of office, be elected for
  a single five year term and their successors shall thereafter be elected
  for terms of four years.
    d.  If  such  resolution or local law shall become effective between a
  general village election in an odd numbered year and thirty  days  prior
  to  a  general village election in the next even numbered year and shall
  provide that general village elections shall be held in the odd numbered
  year, the successor to a police justice, mayor or trustee whose term  of
  office  expires  in  an even numbered year shall, at the general village
  election preceding the expiration of such term of office, be elected for
  a single three year  term  and  their  successors  shall  thereafter  be
  elected for terms of four years.

    e.  If  such  resolution or local law shall become effective between a
  general village election in an odd numbered year and thirty  days  prior
  to  a  general village election in the next even numbered year and shall
  provide that general  village  elections  shall  be  held  in  the  even
  numbered  years,  the  successor  to  a police justice, mayor or trustee
  whose term of office expires in an  odd  numbered  year  shall,  at  the
  general  village  election  preceding  the  expiration  of  such term of
  office, be elected for a single five  year  term  and  their  successors
  shall thereafter be elected for terms of four years.
    f.  The  board  of  trustees  of  any  village which has provided that
  general  village  elections  shall  be   held   biennially   and   shall
  subsequently  provide  by  resolution  or  local law adopted pursuant to
  subdivision five of this  section  that  the  terms  of  office  of  all
  trustees,  or the terms of office of mayor and all trustees shall be two
  years, shall also provide in said resolution or local law  that  general
  village  elections  shall  be  held  annually  and shall further provide
  therein that  if  the  general  village  elections  under  the  biennial
  elections  had been held in the odd numbered years, all trustees, or the
  mayor and all trustees to be elected in  the  first  odd  numbered  year
  after the adoption of the resolution or local law shall be elected for a
  single  three year term and their successors shall thereafter be elected
  for a term of two years and that all trustees,  or  the  mayor  and  all
  trustees  to  be  elected  in  the  second  odd  numbered year after the
  adoption of the resolution or local law shall be elected for a two  year
  term and their successors shall also be elected for a term of two years.
    g.  The  board  of  trustees  of  any  village which has provided that
  general  village  elections  shall  be   held   biennially   and   shall
  subsequently  provide  by  resolution  or  local law adopted pursuant to
  subdivision five of this  section  that  the  terms  of  office  of  all
  trustees,  or the terms of office of mayor and all trustees shall be two
  years shall provide in said resolution or local law that general village
  elections shall be held annually and shall further provide therein  that
  if  the  general village elections under the biennial elections had been
  held in the even numbered years, all trustees,  or  the  mayor  and  all
  trustees to be elected in the first even numbered year after adoption of
  the  resolution  or  local  law shall be elected for a single three year
  term and their successors shall thereafter be elected for a term of  two
  years and that all trustees, or the mayor and all trustees to be elected
  in the second even numbered year after the adoption of the resolution or
  local  law  shall  be  elected  for a two year term and their successors
  shall also be elected for a term of two years.