2006 New York Code - Choice Between Election And Appointment Of Officials

 
    §  58.  Choice  between  election and appointment of officials. 1. The
  office of comptroller, in a county where the office would  otherwise  be
  elective,  or  any elective county office that is being continued except
  that of a supervisor or a judicial officer, may be  made  appointive  by
  provision therefor in the petition or resolution by which an alternative
  form of county government or a change in such a form is initiated and by
  vote  of  the  people as provided in article fourteen. This option shall
  apply to elective officers provided for in the constitution as  well  as
  to  others.  By  like action the office of county commissioner of public
  welfare, in a county where the office would otherwise be appointive,  or
  any  formerly  elective office that has been made appointive pursuant to
  this section, may be made elective. Whenever one of the options provided
  for in this section is submitted to the people, it shall be submitted as
  a separate question.  Its adoption may, however, be made  contingent  on
  the  adoption  of  another  question  submitted  at the same time if the
  petition or resolution by which it is initiated so provides.
    2. Except as otherwise  expressly  provided  in  this  chapter,  every
  elective  official  of a county shall remain elective after the adoption
  of an alternative form of government and shall continue to  perform  the
  functions pertaining to his office.
    3.  When  an  office which could be made appointive remains or becomes
  elective under an alternative form of county  government,  the  term  of
  such  office  shall  be  four  years from and including the first day of
  January after each election to the office, except that the term  of  the
  first  official  elected to such office after the alternative form takes
  effect shall be three years if the term begins in an odd-numbered  year.
  Elections  shall take place at the general elections in the last year of
  each term. When  an  appointive  office  is  made  elective,  the  first
  election to the office shall take place at the next general election.
    4.  When  an elective office is made appointive, the appointment shall
  be made as provided in section two hundred two for  a  term  coterminous
  with the term of the county executive or board of supervisors making the
  appointment,  except that it may be shortened as provided in subdivision
  three if the office is made elective and that the  person  so  appointed
  shall continue to serve until his successor is chosen and has qualified.
  If  a  vacancy occurs in such an office, it shall be filled similarly by
  appointment for the balance of the term.