§ 12. Optional change of classification. 1. Any town of the second
class, including towns in Suffolk and Broome counties and the town of
Ulster in Ulster county, having a population of five thousand or more as
shown by the latest federal census or in which the assessed valuation of
the taxable real property as shown by the latest completed assessment
role exceeds ten million dollars or adjoining a city having a population
of three hundred thousand or more as shown by the latest federal census,
may become a town of the first class, by either of the following
methods:

(a) By the adoption by the town board of a resolution therefor,
subject to a permissive referendum; or

(b) By the adoption of a proposition therefor, by the affirmative vote
of a majority of the qualified electors of the town voting thereon at a
special or biennial town election, pursuant to subdivision three of
section eighty-one of this chapter.

2. (a) If any such town shall determine, pursuant to the method
specified in paragraph (a) of subdivision one of this section, to become
a town of the first class, the town board shall cause certified copies
of the resolution to be filed in the offices of the department of state
and the department of audit and control.

There shall also be filed therewith the affidavit of the town clerk
that no petition requiring the submission to the qualified electors of
the town of a proposition approving such resolution was filed with said
town clerk, if such resolution was not so submitted.

If a proposition approving a resolution changing the classification of
a town was submitted to the electors, pursuant to the filing of a
petition therefor or upon the motion of the town board, there shall be
filed in the office of each of such state departments copies of the
certificate of the election inspectors at such election, duly certified
by the town clerk.

(b) If any such town shall determine, pursuant to the method specified
in paragraph (b) of subdivision one of this section, to become a town of
the first class, the town board shall cause copies of the certificate of
the election inspectors or board of canvassers of the town election at
which the proposition for the change of classification was adopted, duly
certified by the town clerk or board of canvassers, to be filed in the
offices of the department of state and the department of audit and
control.

3. (a) If a town shall determine, pursuant to the method specified in
paragraph (a) of subdivision one of this section, to become a town of
the first class, such change of classification shall become effective on
the first day of January next succeeding the first biennial town
election held at least one hundred fifty days after the date of the
adoption of the resolution determining, subject to a permissive
referendum, to become a town of the first class. On and after said first
day of January, such town shall be a town of the first class.

(b) If a town shall determine, pursuant to the method specified in
paragraph (b) of subdivision one of this section, to become a town of
the first class, such change of classification shall become effective on
the first day of January next succeeding the first biennial town
election held at least ninety days after the date of adoption of the
proposition changing the classification of the town to that of a town of
the first class, pursuant to article six of this chapter. On and after
said first day of January, such town shall be a town of the first class.

4. (a) Any town which shall have determined, pursuant to either method
specified in subdivision one of this section, to become a town of the
first class, shall elect, at the biennial town election immediately
preceding the effective date of the change of classification, the
following town officers: a supervisor for a term of two years, and,
except as otherwise provided herein, 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.

(b) In addition to the officers specified in the preceding paragraph,
there shall also be elected at such biennial town election in a town
which has four or more justices of the peace but no town council member
on the first day of July immediately preceding such election: one
justice of the peace for a term of four years, two town council members
for terms of four years each, and two town council members for terms of
two years each.

Any such town which on the first day of July preceding said biennial
town election has three justices of the peace and one town council
member, shall elect at said biennial town 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, in
addition to the officers specified in paragraph (a) of this subdivision.

Any such town which on the first day of July preceding said biennial
town election has two justices of the peace and two town council members
and the term of one of such justices of the peace and of one of such
town council members expires on December thirty-first following such
election, shall elect at 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, in addition to
the officers specified in paragraph (a) of this subdivision.

Any such town which on the first day of July preceding said biennial
town election 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, shall elect at such
election two justices of the peace for terms of four years each and two
town council members for terms of four years each, in addition to the
officers specified in paragraph (a) of this subdivision.

Any such town which on the first day of July preceding said biennial
town election 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, shall elect at such
election two town council members for terms of four years each and two
town council members for terms of two years each, in addition to the
officers specified in paragraph (a) of this subdivision.

(c) The term of office of each of the officers elected at said
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 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.

(f) 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.

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

5. Nothing contained in this section shall be construed to abridge the
term of office of a justice of the peace elected prior to the adoption
of the resolution or proposition for the change of classification, 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.

6. Town collectors and school district collectors. In any town which
shall have determined, pursuant to either method specified in
subdivision one of this section, to become a town of the first class,
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.

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

8. 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.