§ 20. Town officers. 1. (a) Every town of the first class shall have a
supervisor, four town council members, unless the number of council
members shall have been increased to six or decreased to two as provided
by this chapter, a town clerk, two town justices, a town superintendent
of highways, one assessor, a receiver of taxes and assessments, as many
town police officers and such other employees as the town board may
determine necessary for the proper conduct of the affairs of the town.
The supervisor, town counsel members, town clerk, town justices, town
superintendent of highways and receiver of taxes and assessments in
every such town shall be elective. All other officers and employees in
such a town shall be appointed by the town board, except as otherwise
provided by law. In any town in which a town police department has been
established pursuant to law, or which town is a part of a county police
district, the town board may appoint not more than four civil officers
who shall possess all the powers and duties of constables in civil
actions and proceedings only, and shall be paid no salary by the town
board but shall be entitled to collect the statutory fees allowed by law
in such civil actions and proceedings. The clerk of the court of a town
shall be employed and discharged from employment only upon the advice
and consent of the town justice or justices.

(b) Except as otherwise provided by law, every town of the second
class shall have a supervisor, two justices of the peace, two town
council members, a town clerk, a town superintendent of highways, three
assessors, a collector, and, if there be no town police department, as
many constables as the town board may determine necessary. In any such
town in which a town police department has been established pursuant to
law, the town board may appoint not more than four civil officers who
shall possess all the powers and duties of constables in civil actions
and proceedings only, except that the town board of the town of
Southold, county of Suffolk, may appoint four additional constables, who
shall possess all the powers and duties of constables in civil and
criminal actions and proceedings, solely for the benefit of Fishers
Island located in such town; provided, however, that nothing in this
paragraph shall be deemed to authorize such constables to carry, repair
or dispose of a firearm unless the appropriate license therefore has
been issued pursuant to section 400.00 of the penal law; and shall be
paid no salary by the town board but shall be entitled to collect the
statutory fees allowed by law in such civil actions and proceedings.
Every town of the second class may have in addition such other employees
as the town board may determine necessary for the proper conduct of the
affairs of the town. The supervisor, justices of the peace, town council
members, town clerk, town superintendent of highways, assessors and
collector in every such town shall be elected. All other town officers
and employees in such a town shall be appointed by the town board,
except as otherwise provided by law. Provided, however, that in a town
having less than three hundred inhabitants according to the latest
federal census and having a taxable property valuation of less than one
hundred thousand dollars according to the latest assessment roll, there
shall be elected one justice of the peace for a term of four years and
one assessor for a term of two years, but no town council member.
Successors to such officers shall be elected for like terms at the
biennial town election prior to the expiration of their terms of office.
The clerk of the court of a town shall be employed and discharged from
employment only upon the advice and consent of the town justice or
justices.

(c) Notwithstanding the provisions of this section or the provisions
of any other general or special law, in the town of Smithtown in the
county of Suffolk, a proposition calling for the abolition of the office
of justice of the peace within such town, as authorized by chapter two
hundred seventy-eight of the laws of nineteen hundred fifty-eight, as
amended by chapter eight hundred eleven of the laws of nineteen hundred
sixty-two, constituting the Suffolk county charter, having been
submitted to the electors of such town at the general election held in
nineteen hundred sixty-two and having at such election received a
majority of affirmative votes, the justices of the peace holding office
in such town at the time of such vote shall continue in office until the
end of the respective terms for which they were elected. At the general
election immediately preceding the expiration of the term of the justice
of the peace in such town whose term shall first expire an additional
town council member shall be elected, and at the general election
preceding the expiration of the term of the justice of the peace in such
town whose term shall be the second such term to expire another
additional town council member shall be elected, so that thereafter such
town shall have four town council members. Each town council member so
elected shall be elected for a term of four years and shall hold office
during such term.

(d) Notwithstanding the provisions of this chapter or of any other
general or special law, any town, which by the latest federal census or
special census has a population of more than fifty thousand inhabitants,
may, by a resolution, submit to a referendum a proposition calling for
the establishment of the office of a third town justice and a town with
a population of more than seventy-five thousand may, by a resolution,
submit to a referendum a proposition calling for the establishment of
the offices of a third, of a fourth or of a third and fourth town
justice. Such referendum must be submitted to the voters at least one
hundred twenty days prior to the next biennial town election. At the
next biennial town election immediately succeeding the approval of the
proposition hereinabove provided for, said town justices shall be
elected for a term of four years and shall hold office during such term.
Provided, however, such justice so elected shall not serve as a member
of the town board but shall exercise all other powers and duties
necessary or incident to such office. Successors to such office shall be
elected for like terms and shall exercise like powers and duties.

(e) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Southampton, county
of Suffolk, may adopt a resolution, subject to a permissive referendum
as provided by article seven of this chapter, at least one hundred fifty
days prior to any biennial town election determining that such town
shall have four town justices. If the town board of such town shall have
adopted such a resolution and no petition shall have been filed within
the time specified for a referendum thereon, or if a majority of the
votes cast on any such proposition submitted to vote of the electors be
in the affirmative, the electors of such town shall elect at the
succeeding biennial election, and quadrennially thereafter, such
additional town justice for a term of four years beginning on the first
day of January next succeeding such biennial town election.

(f) Notwithstanding the provisions of paragraph (b) of this
subdivision, every town of the second class which has not exercised the
option to retain elective assessors in the manner provided by former
section fifteen hundred fifty-six of the real property tax law shall
have one assessor to be appointed in the manner and for the term
prescribed by section three hundred ten of the real property tax law.

(g) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Clarkstown, county of
Rockland, may adopt a resolution at least one hundred fifty days prior
to any biennial town election determining that such town shall have four
town justices. If the town board of such town shall have adopted such a
resolution, the electors of such town shall elect at the succeeding
biennial election, and quadrennially thereafter, such additional town
justice for a term of four years beginning on the first day of January
next succeeding such biennial town election.

(h) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Henrietta, county of
Monroe may adopt a resolution, subject to a permissive referendum as
provided by article seven hereof, at least sixty days prior to any
regular or special election determining that such town shall have three
town justices. If the town board of such town shall have adopted such a
resolution and no petition shall have been filed within the time
specified for a referendum thereon, or if a majority of the votes cast
on any such proposition submitted to the vote of the electors be in the
affirmative, the electors of such town shall elect at the succeeding
general election a town justice who shall take office for a term of four
years beginning on the first day of January next succeeding such
biennial town election.

(i) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Orangetown, county of
Rockland may adopt a resolution, subject to a permissive referendum as
provided by article seven hereof, at least sixty days prior to any
regular or special election determining that such town shall have three
town justices. If the town board of such town shall have adopted such a
resolution and no petition shall have been filed within the time
specified for a referendum thereon, or if a majority of the votes cast
on any such proposition submitted to the vote of the electors be in the
affirmative, the electors of such town shall elect at the succeeding
general election a town justice who shall take office for a term of four
years beginning on the first day of January next succeeding such
biennial town election.

(j) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Champlain, county of
Clinton may adopt a resolution, subject to a permissive referendum as
provided by article seven of this chapter, at least sixty days prior to
any regular or special election determining that such town shall have
three town justices. If the town board of such town shall have adopted
such a resolution and no petition shall have been filed within the time
specified for a referendum thereon, or if a majority of the votes cast
on any such proposition submitted to the vote of the electors be in the
affirmative, the electors of such town shall elect at the succeeding
general election a town justice who shall take office for a term of four
years beginning on the first day of January next succeeding such
biennial town election.

* (k) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Unadilla, county of
Otsego may adopt a resolution, subject to a permissive referendum as
provided by article seven hereof, at least sixty days prior to any
regular or special election determining that such town shall have three
town justices. If the town board of such town shall have adopted such a
resolution and no petition shall have been filed within the time
specified for a referendum thereon, or if a majority of the votes cast
on any such proposition submitted to the vote of the electors be in the
affirmative, the electors of such town shall elect at the succeeding
general election a town justice who shall take office for a term of four
years beginning on the first day of January next succeeding such
biennial town election.

* NB There are 3 par (k)'s

* (k) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Sennett, county of
Cayuga may adopt a resolution, subject to a permissive referendum as
provided by article seven hereof, at least sixty days prior to any
regular or special election determining that such town shall have three
town justices. If the town board of such town shall have adopted such a
resolution and no petition shall have been filed within the time
specified for a referendum thereon, or if a majority of the votes cast
on any such proposition submitted to the vote of the electors be in the
affirmative, the electors of such town shall elect at the succeeding
general election a town justice who shall take office for a term of four
years beginning on the first day of January next succeeding such
biennial town election.

* NB There are 3 par (k)'s

* (k) Notwithstanding the provisions of any general, special or local
law to the contrary, every town which has a contract in force and effect
with another municipality for the municipality to provide highway, road
and street maintenance and repair for a period of not less than five
years may adopt a local law, subject to permissive referendum as
provided by article seven of this chapter, not later than July fifteenth
of the year prior to which the term of office of the current elected
town superintendent of highways shall expire, that the office of the
town superintendent of highways shall be abolished. A town which
thereafter terminates such a contract shall re-establish the position of
town superintendent of highways by local law as an appointive office.

* NB There are 3 par (k)'s

(l) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of East Bloomfield,
county of Ontario may adopt a resolution, subject to a permissive
referendum as provided by article seven hereof, at least sixty days
prior to any regular or special election determining that such town
shall have three town justices. If the town board of such town shall
have adopted such a resolution and no petition shall have been filed
within the time specified for a referendum thereon, or if a majority of
the votes cast on any such proposition submitted to the vote of the
electors be in the affirmative, the electors of such town shall elect at
the succeeding general election a town justice who shall take office for
a term of four years beginning on the first day of January next
succeeding such biennial town election. Upon the election of a third
town justice, the town board shall adopt a resolution to abolish one of
the offices of town justice for the purpose of staggering the elections
of its town justices.

(m) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Guilderland, county
of Albany may adopt a resolution, subject to a permissive referendum as
provided by article seven of this chapter, at least sixty days prior to
any regular or special election determining that such town shall have
three town justices. If the town board of such town shall have adopted
such a resolution and no petition shall have been filed within the time
specified for a referendum thereon, or if a majority of the votes cast
on any such proposition submitted to the vote of the electors be in the
affirmative, the electors of such town shall elect at the succeeding
general election a town justice who shall take office for a term of four
years beginning on the first day of January next succeeding such
biennial town election.

(n) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Sodus, county of
Wayne may adopt a resolution, subject to a permissive referendum as
provided by article seven hereof, at least sixty days prior to any
regular or special election determining that such town shall have three
town justices. If the town board of such town shall have adopted such a
resolution and no petition shall have been filed within the time
specified for a referendum thereon, or if a majority of the votes cast
on any such proposition submitted to the vote of the electors be in the
affirmative, the electors of such town shall elect at the succeeding
general election a town justice who shall take office for a term of four
years beginning on the first day of January next succeeding such
biennial town election. Upon the election of a third town justice, the
town board shall adopt a resolution to abolish one of the offices of
town justice for the purpose of staggering the elections of its town
justices.

(o) In the event the village court of the village of Ossining, county
of Westchester, is abolished effective January first, two thousand
twelve, the town court of the town of Ossining, county of Westchester,
shall thereupon have three town justices. The third town justice
established by this paragraph shall first be filled by election at the
regular election held immediately prior to the date of abolition of the
village court of the village of Ossining as provided by the election law
and the public officers law.

(p) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Wallkill, county of
Orange may adopt a resolution, subject to a permissive referendum as
provided by article seven of this chapter, at least sixty days prior to
any regular or special election determining that such town shall have
three town justices. If the town board of such town shall have adopted
such a resolution and no petition shall have been filed within the time
specified for a referendum thereon, or if a majority of the votes cast
on any such proposition submitted to the vote of the electors be in the
affirmative, the electors of such town shall elect at the succeeding
general election a town justice who shall take office for a term of four
years beginning on the first day of January next succeeding such
biennial town election.

(q) In the event the village court of the village of Port Chester,
county of Westchester, is abolished effective May fifteenth, two
thousand twenty-one, the town court of the town of Rye, county of
Westchester, shall thereupon have four town justices. The third and
fourth town justices established pursuant to this paragraph shall be
filled by election at the regular election held immediately after the
date of abolition of the village court of the village of Port Chester as
provided by the election law and the public officers law.

(r) Notwithstanding the provisions of any general, special or local
law to the contrary, the town board of the town of Rotterdam, county of
Schenectady may adopt a resolution, subject to a permissive referendum
as provided by article seven of this chapter, at least one hundred fifty
days prior to any biennial election determining that such town shall
have three town justices. If the town board of such town shall have
adopted such a resolution and no petition shall have been filed within
the time specified for a referendum thereon, or if a majority of the
votes cast on any such proposition submitted to vote of the electors be
in the affirmative, the electors of such town shall elect at the
succeeding biennial election, and quadrennially thereafter, such
additional town justice for a term of four years beginning on the first
day of January next succeeding such biennial town election.

2. (a) The town board of every town may establish the office of town
attorney or town engineer, or both. If the town board shall so establish
the office of town attorney or town engineer, or both, it shall fix the
salary of such officer or officers. In addition, the town board of any
such town may employ counsel to the town attorney in respect to any
particular subject matter, proceeding or litigation, or it may employ
such expert engineering service in respect to any particular subject
matter, improvement or proceeding, as it may necessarily require. A town
of the first class shall have the authority to appoint such deputies in
the offices of the town attorney and town engineer as may be provided by
resolution of such board and fix the salaries therefor. A town of the
second class having a population of over seventy-five thousand according
to the latest federal census or state enumeration shall have the
authority to appoint such deputies in the office of the town attorney as
may be provided by resolution of such board and fix the salaries
therefor. The terms of such offices shall be indefinite and the
appointees thereto shall be removable at the pleasure of the town board.

(b) The town board of any town which shall not have established the
office of town attorney may employ an attorney to give it such
professional service and advice as it may require, and the town board of
any town which shall not have established the office of town engineer
may employ an engineer to give it such professional service and advice
as it may require.

3. (b) The town board of any town of the first class, or any town of
the second class having a population of over forty thousand according to
the latest federal census or state enumeration, may adopt a resolution
establishing the office of town comptroller and appoint a town
comptroller who shall hold office until the first day of January next
succeeding the first biennial town election held after the time of his
appointment. On the first day of January next succeeding the first
biennial town election held after the time of the establishment of such
office, and biennially thereafter, the town board shall appoint a
comptroller who shall hold office for a term of two years. The town
board of any town in which the office of town comptroller shall have
been established may adopt a resolution abolishing such office and upon
the expiration of the term of office of the incumbent such office shall
be abolished and no successor shall be appointed.

(c) The town board of any town of the first class may establish the
office of deputy receiver of taxes and assessments and fix the salary
therefor; and the town board of any such town in which such office shall
have been established may abolish such office. It shall be the duty of
the deputy receiver of taxes and assessments to assist the receiver of
taxes and assessments in the performance of his duties. The town board
of any such town wherein the office of deputy receiver of taxes and
assessments has been created may also establish one additional office of
deputy receiver of taxes and assessments and may fix the salary therefor
and prescribe his duties and where such additional office has been
established may abolish same.

(d) The town board of any town which has established the office of
town comptroller pursuant to the provisions of paragraph (b) of this
subdivision, may establish the office of deputy comptroller and fix the
salary therefor; and the town board of any such town in which such
office shall have been established may abolish such office. It shall be
the duty of the deputy comptroller to assist the comptroller in the
performance of his duties and if and when the comptroller is absent or
is unable to perform the duties of his office for any other reason, such
deputy shall have full power and authority to perform all the duties of
the comptroller so long as such officer is either absent or otherwise
incapable of performing his duties.

(e) The town board of any town may adopt a resolution establishing the
office of director of purchasing and appoint a director of purchasing
who shall hold office until the first day of January next succeeding the
first biennial town election held after the time of his appointment. On
the first day of January next succeeding the first biennial town
election held after the time of the establishment of such office, and
biennially thereafter, the town board shall appoint a director of
purchasing who shall hold office for a term of two years. If a town
board so determines, the duties of director of purchasing may be
combined with the duties of any other town officer, official or employee
except members of the town board or comptroller. The town board of any
town in which the office of director of purchasing shall have been
established may adopt a resolution abolishing such office and upon the
expiration of the term of office of the incumbent such office shall be
abolished and no successor shall be appointed.

4. No person shall be eligible to hold more than one elective town
office but the town board for the purpose of consolidating offices and
positions, may at any time by resolution enlarge, increase and impose
further and other duties than those prescribed by law upon any elective
or appointed officer or employee and fix a single compensation for the
performance of all such duties. No member of the town board shall,
however, be comptroller of such town.

5. The term "officer" and/or "officers" whenever used in this chapter
shall include the incumbents of the offices of supervisor, council
member, town clerk, justice of the peace, superintendent of highways,
assessor, receiver of taxes and assessments and collector, or any of
them.

5-a. The terms "council member" and "council members" whenever used in
this chapter shall include all persons eligible to hold such office.

6. (a) At least one hundred fifty days prior to any biennial town
election, the town board of any town in which the appointive office of
town clerk shall exist, may adopt a resolution, subject to a permissive
referendum, that the office of town clerk shall be an elective 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 shall have been filed within the time specified in article
seven for a referendum thereon, or, if a majority of the votes cast on
any such proposition submitted pursuant to the provisions of article
seven be in the affirmative the office of town clerk shall thereafter be
an elective office in such town, and a town clerk shall be elected at
the succeeding biennial town election for the term provided by this
chapter, beginning on the first day of January next succeeding such
biennial town election and the term of office of the appointive town
clerk for whom such successor shall be elected shall expire on said
first day of January.

(b) At least one hundred fifty days prior to any biennial town
election the town board of any town in which the appointive office of
town superintendent of highways shall exist, may adopt a resolution,
subject to a permissive referendum that the office of town
superintendent of highways shall be an elective 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 shall have been filed within the time specified in article
seven for a referendum thereon, or, if a majority of the votes cast on
any such proposition submitted pursuant to the provisions of article
seven be in the affirmative the office of town superintendent of
highways shall thereafter be an elective office in such town, and a town
superintendent of highways shall be elected at the succeeding biennial
town election for the term provided by this chapter, beginning on the
first day of January next succeeding such biennial town election and the
term of office of the appointive town superintendent of highways for
whom such successor shall be elected shall expire on said first day of
January.

(c) At least one hundred fifty days prior to any biennial town
election, the town board of any town of the first class in which the
appointive office of receiver of taxes and assessments shall exist, may
adopt a resolution, subject to a permissive referendum, that the office
of receiver of taxes and assessments shall be an elective 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 shall have been filed within the time specified in article
seven for a referendum thereon, or, if a majority of the votes cast on
any such proposition submitted pursuant to the provisions of article
seven be in the affirmative the office of receiver of taxes and
assessments shall thereafter be an elective office in such town, and a
receiver of taxes and assessments shall be elected at the succeeding
biennial town election for the term provided by this chapter, beginning
on the first day of January next succeeding such biennial town election
and the term of office of the appointive receiver of taxes and
assessments for whom such successor shall be elected shall expire on
said first day of January.