§ 11. Mandatory change of classification. 1. Upon the completion of
each decennial federal census, the secretary of state shall obtain from
the proper federal authorities an authenticated statement of the
population of each town according to such federal census. When the
population of any town as shown by such federal census is five thousand
or more, the secretary of state shall file with the town clerk of such
town a copy of such authenticated statement. Whenever the population of
any town of the second class shall be shown to be ten thousand or more
according to such certificate or authenticated statement, excepting
towns in Suffolk and Broome counties, and excepting also the town of
Potsdam in St. Lawrence county and the town of Ulster in Ulster county,
the classification of such town shall be changed to that of a town of
the first class to become effective on the first day of January
succeeding the next biennial election held in said town, except that
said town shall elect at the biennial election hereinbefore referred to,
all the officers and only such as are required to be elected in a town
of the first class.

2. (a) Any town which shall have become a town of the first class,
pursuant to subdivision one of this section, shall elect at the biennial
town election immediately preceding the effective date of the change of
classification, the following town officers: a supervisor, a town clerk
and a town superintendent of highways for terms of two years each, and a
receiver of taxes and assessments for a term of four years, except as
otherwise provided by this chapter.

(b) In addition to the officers specified in the preceding paragraph,
there shall also be elected at such biennial town election:

(1) In a town which has two justices of the peace and two town council
members and the term of one of such justices of the peace and one of
such town council members expires on December thirty-first following
such election, one justice of the peace for a term of four years, two
town council members for terms of four years each, and one town council
member for a term of two years;

(2) In a town which has two justices of the peace and two town council
members and the term of office of both such justices of the peace
expires on December thirty-first following such election, two justices
of the peace for terms of four years each, and two town council members
for terms of four years each;

(3) In a town which has two justices of the peace and two town council
members and the term of office of both such town council members expires
on December thirty-first following such election, two town council
members for terms of four years each, and two town council members for
terms of two years each.

(c) The term of office of each of the officers elected at such
biennial town election shall begin on the first day of January next
succeeding said election.

(d) Party nominations for the offices to be filled at said biennial
town election shall be made and designating petitions may be filed and
such officers shall be elected in the manner provided by law for the
nomination, designation and election of town officers in such town.

(e) This section shall not be construed to require the election of a
town officer for a two year term in any town in which such term has been
increased to four years pursuant to the provisions of this chapter; and
nothing contained in this section shall be construed to abridge the term
of office of any such town officer elected for a term of four years
prior to change of classification.

(f) This section shall not be construed to require the election of a
town clerk or a town superintendent of highways if such office shall be
an appointive office in such town on the effective date of such change
of classification.

(g) Not less than ninety days before the biennial town election
immediately preceding the effective date of the change of
classification, the town board may adopt a resolution, subject to a
permissive referendum, determining that the office of receiver of taxes
and assessments shall be an appointive office in such town. Every
elector of the town shall be entitled to vote at any referendum held
thereon pursuant to the provisions of article seven of this chapter. If
the town board shall have adopted such a resolution and no petition for
a referendum thereon shall have been filed within the time specified in
article seven of this chapter, or if the majority of the votes cast on a
proposition to approve such a resolution submitted pursuant to the
provisions of said article seven shall be in the affirmative, the office
of receiver of taxes and assessments shall thereafter be an appointive
office in such town and no receiver of taxes and assessments shall be
elected at the biennial town election immediately preceding the
effective date of such change of classification, and on and after the
effective date of such change of classification, the town board shall
appoint a receiver of taxes and assessments who shall take and hold
office for the term provided by this chapter. In any town in which the
office of receiver of taxes and assessments shall be appointive, the
town board may appoint the town clerk of said town as the receiver of
taxes and assessments thereof.

3. Nothing contained in this section shall be construed to abridge the
term of office of a justice of the peace heretofore elected in any town
to which this section shall apply, but on and after the effective date
of such change of classification, any such justice of the peace shall
exercise only such powers and shall be subject to only such duties,
responsibilities and liabilities as shall be prescribed by law with
respect to a justice of the peace in a town of the first class.

4. Town collectors and school district collectors. In any town to
which this section shall apply, the collector shall continue in office
until the effective date of such change of classification. On and after
such date, the office of collector and the office of school district
collector shall be abolished in such town and no collector or school
district collector shall be chosen at any time to succeed the incumbents
of the offices so abolished.

5. (a) Assessors. If any such town shall have three elective
assessors, no successors thereto shall be elected at the biennial town
election immediately preceding the effective date of such change of
classification and the terms of office of such elective assessors whose
term would extend beyond the effective date of such change of
classification shall terminate on the effective date of such change of
classification. On or after the effective date of such change of
classification, the town board of said town shall appoint an assessor in
the manner and for the term prescribed by section three hundred ten of
the real property tax law.

(b) If any such town shall have one elective assessor, no successor
thereto shall be elected at the biennial town election immediately
preceding the effective date of such change of classification. On or
after the effective date of such change of classification, the town
board shall appoint an assessor in the manner and for the term
prescribed by section three hundred ten of the real property tax law.

(c) If any such town shall have one appointive assessor who was
appointed in the manner and for the term prescribed by section three
hundred ten of the real property tax law, such assessor shall remain in
office for the balance of his unexpired term or shall continue in office
for an indefinite term if the office of assessor shall have been for an
indefinite term immediately preceding the effective date of such change
of classification.

6. Town board. On and after the effective date of the change of
classification of such town, the supervisor and the town council members
shall constitute the town board thereof. Such town board shall have all
the powers and be subject to all the duties of a town board of a town of
the first class.