Legislation
SECTION 17-1703-A
Filling of town offices; election of officers
Village (VIL) CHAPTER 64, ARTICLE 17
§ 17-1703-a Filling of town offices; election of officers. 1. In any
village as to which a town is created to be coterminous with such
village, and in any village which after July first, two thousand twelve
annexes territory to embrace the entire territory of a town, there shall
be submitted to the voters in such village at the November general
election next preceding the effective date of the creation of such town
or annexation of such territory, a proposition as follows: "Shall the
local government of operate PRINCIPALLY AS A VILLAGE or
PRINCIPALLY AS A TOWN?" Such proposition shall be presented so that the
choice to be indicated by the voter shall be either "VILLAGE" or "TOWN".
In any village which annexed territory prior to July first, two thousand
twelve to embrace the entire area of a town, the board of trustees may,
upon its own motion, submit such a proposition to the voters of such
village at the next succeeding November general election.
2. Upon the effective date of the creation of the town coterminous
with a village, the mayor and the board of trustees of such village
shall constitute respectively the interim supervisor and town board of
such town for all purposes until their successors shall have been
elected and commenced their terms of office as hereinbelow provided for.
All other elected and appointed village officers shall constitute
respectively and corresponding interim officers of such town until their
respective successors shall have been elected or appointed, as the case
may be, and commenced their terms of office as hereinbelow provided for
or as otherwise regularly provided by law.
3. In any case in which the proposition provided for in subdivision
one of this section shall have resulted in favor of the local government
operating principally as a village, the holders of village offices
shall, from and after the effective date of the creation of the town or
annexation of such territory, by virtue thereof also hold town offices,
as follows:
(a) The mayor and the board of trustees shall constitute respectively
the supervisor and the town board.
(b) The assessor, clerk and treasurer of the village shall be,
respectively, the assessor, clerk and receiver of taxes of the town,
each for a term of office corresponding to the term of the village
office, and the office of superintendent of highways of such town shall
be held by such officer or employee of the village as the village board
shall designate by resolution.
(c) Each village justice shall be apppointed to fill a vacancy in the
office of town justice, and if there shall have been only one village
justice in such village, then the village board shall appoint a second
town justice to serve for the remainder of the then current calendar
year and the office of acting village justice in such village, if any,
shall be thereupon abolished. The term of any then incumbent village
justice who shall become a town justice hereunder shall terminate at the
end of the then current calendar year, notwithstanding that such justice
may originally have been appointed or elected as a village justice for
some longer term. Town justices shall be elected at the next ensuing
village election for the remainder of the unexpired terms and thereafter
at village elections for the terms of office regularly provided by law,
and each town justice shall enter upon and commence his term of office
at the January first next following his election. All elections of
officers thereafter to be held shall be village elections, to be held in
the same manner and at the same times as otherwise provided by law for
the election of village officers, and there shall be no separate
election of any town officers, except as provided above herein with
respect to town justices.
* 4. In any case in which the proposition provided for in subdivision
one of this section shall have resulted in favor of the local government
operating principally as a town, then, at the regular village election
next ensuing, all offices to be filled thereat shall be filled for terms
to end at the conclusion of the then current calendar year. The term of
office of each other elected village office shall also end at the
conclusion of said then current calendar year, notwithstanding that any
such term of office originally extended beyond such date. The offices of
supervisor, four town council members and two town justices shall be
filled by election as hereinafter provided at the November general
election next following the effective date of the creation of such town
or annexation of such territory; all other town offices shall be
appointive. The election of the supervisor, council members and justices
shall be for terms of office as follows:
(a) If such election is held in an odd-numbered year, then the term of
office for supervisor shall be the term regularly provided by law; the
terms of office for two council members shall be the terms regularly
provided by law and the terms for the other two council members shall be
two years each; the term for each justice shall be the term regularly
provided by law. Upon the expiration of the two year term for council
members as above provided, the terms for such offices shall be as
regularly provided by law.
(b) If such election is held in an even-numbered year, then the term
of office for supervisor shall be one year; the terms of office for
council members shall be one year for two council members and three
years for the other two council members and the terms of office for each
justice shall be for the remainder of the then unexpired terms.
Thereafter, each office shall be filled for the term regularly provided
by law.
* NB Effective until January 1, 2025
* 4. In any case in which the proposition provided for in subdivision
one of this section shall have resulted in favor of the local government
operating principally as a town, then, at the regular village election
next ensuing, all offices to be filled thereat shall be filled for terms
to end at the conclusion of the then current calendar year. The term of
office of each other elected village office shall also end at the
conclusion of said then current calendar year, notwithstanding that any
such term of office originally extended beyond such date. The offices of
supervisor, four town council members and two town justices shall be
filled by election as hereinafter provided at the November general
election next following the effective date of the creation of such town
or annexation of such territory; all other town offices shall be
appointive. The election of the supervisor, council members and justices
shall be for terms of office as follows:
(a) If such election is held in an even-numbered year, then the term
of office for supervisor shall be the term regularly provided by law;
the terms of office for two council members shall be the terms regularly
provided by law and the terms for the other two council members shall be
two years each; the term for each justice shall be the term regularly
provided by law. Upon the expiration of the two year term for council
members as above provided, the terms for such offices shall be as
regularly provided by law.
(b) If such election is held in an odd-numbered year, then the term of
office for supervisor shall be one year; the terms of office for council
members shall be one year for two council members and three years for
the other two council members and the terms of office for each justice
shall be for the remainder of the then unexpired terms. Thereafter, each
office shall be filled for the term regularly provided by law.
* NB Effective January 1, 2025
5. In any case in which the proposition provided for in subdivision
one of this section shall have resulted in favor of the local government
operating principally as a town, then each town officer elected or
appointed as provided in subdivision four shall constitute also the
corresponding village officer, and no separate election of village
officers shall thereafter be held. All elections of town officers shall
be held in the manner and at the times regularly provided by law for the
election of town officers.
6. Nothing contained in this section shall diminish the power of the
board of trustees pursuant to section 3-302 of this chapter or any other
provision of law.
village as to which a town is created to be coterminous with such
village, and in any village which after July first, two thousand twelve
annexes territory to embrace the entire territory of a town, there shall
be submitted to the voters in such village at the November general
election next preceding the effective date of the creation of such town
or annexation of such territory, a proposition as follows: "Shall the
local government of operate PRINCIPALLY AS A VILLAGE or
PRINCIPALLY AS A TOWN?" Such proposition shall be presented so that the
choice to be indicated by the voter shall be either "VILLAGE" or "TOWN".
In any village which annexed territory prior to July first, two thousand
twelve to embrace the entire area of a town, the board of trustees may,
upon its own motion, submit such a proposition to the voters of such
village at the next succeeding November general election.
2. Upon the effective date of the creation of the town coterminous
with a village, the mayor and the board of trustees of such village
shall constitute respectively the interim supervisor and town board of
such town for all purposes until their successors shall have been
elected and commenced their terms of office as hereinbelow provided for.
All other elected and appointed village officers shall constitute
respectively and corresponding interim officers of such town until their
respective successors shall have been elected or appointed, as the case
may be, and commenced their terms of office as hereinbelow provided for
or as otherwise regularly provided by law.
3. In any case in which the proposition provided for in subdivision
one of this section shall have resulted in favor of the local government
operating principally as a village, the holders of village offices
shall, from and after the effective date of the creation of the town or
annexation of such territory, by virtue thereof also hold town offices,
as follows:
(a) The mayor and the board of trustees shall constitute respectively
the supervisor and the town board.
(b) The assessor, clerk and treasurer of the village shall be,
respectively, the assessor, clerk and receiver of taxes of the town,
each for a term of office corresponding to the term of the village
office, and the office of superintendent of highways of such town shall
be held by such officer or employee of the village as the village board
shall designate by resolution.
(c) Each village justice shall be apppointed to fill a vacancy in the
office of town justice, and if there shall have been only one village
justice in such village, then the village board shall appoint a second
town justice to serve for the remainder of the then current calendar
year and the office of acting village justice in such village, if any,
shall be thereupon abolished. The term of any then incumbent village
justice who shall become a town justice hereunder shall terminate at the
end of the then current calendar year, notwithstanding that such justice
may originally have been appointed or elected as a village justice for
some longer term. Town justices shall be elected at the next ensuing
village election for the remainder of the unexpired terms and thereafter
at village elections for the terms of office regularly provided by law,
and each town justice shall enter upon and commence his term of office
at the January first next following his election. All elections of
officers thereafter to be held shall be village elections, to be held in
the same manner and at the same times as otherwise provided by law for
the election of village officers, and there shall be no separate
election of any town officers, except as provided above herein with
respect to town justices.
* 4. In any case in which the proposition provided for in subdivision
one of this section shall have resulted in favor of the local government
operating principally as a town, then, at the regular village election
next ensuing, all offices to be filled thereat shall be filled for terms
to end at the conclusion of the then current calendar year. The term of
office of each other elected village office shall also end at the
conclusion of said then current calendar year, notwithstanding that any
such term of office originally extended beyond such date. The offices of
supervisor, four town council members and two town justices shall be
filled by election as hereinafter provided at the November general
election next following the effective date of the creation of such town
or annexation of such territory; all other town offices shall be
appointive. The election of the supervisor, council members and justices
shall be for terms of office as follows:
(a) If such election is held in an odd-numbered year, then the term of
office for supervisor shall be the term regularly provided by law; the
terms of office for two council members shall be the terms regularly
provided by law and the terms for the other two council members shall be
two years each; the term for each justice shall be the term regularly
provided by law. Upon the expiration of the two year term for council
members as above provided, the terms for such offices shall be as
regularly provided by law.
(b) If such election is held in an even-numbered year, then the term
of office for supervisor shall be one year; the terms of office for
council members shall be one year for two council members and three
years for the other two council members and the terms of office for each
justice shall be for the remainder of the then unexpired terms.
Thereafter, each office shall be filled for the term regularly provided
by law.
* NB Effective until January 1, 2025
* 4. In any case in which the proposition provided for in subdivision
one of this section shall have resulted in favor of the local government
operating principally as a town, then, at the regular village election
next ensuing, all offices to be filled thereat shall be filled for terms
to end at the conclusion of the then current calendar year. The term of
office of each other elected village office shall also end at the
conclusion of said then current calendar year, notwithstanding that any
such term of office originally extended beyond such date. The offices of
supervisor, four town council members and two town justices shall be
filled by election as hereinafter provided at the November general
election next following the effective date of the creation of such town
or annexation of such territory; all other town offices shall be
appointive. The election of the supervisor, council members and justices
shall be for terms of office as follows:
(a) If such election is held in an even-numbered year, then the term
of office for supervisor shall be the term regularly provided by law;
the terms of office for two council members shall be the terms regularly
provided by law and the terms for the other two council members shall be
two years each; the term for each justice shall be the term regularly
provided by law. Upon the expiration of the two year term for council
members as above provided, the terms for such offices shall be as
regularly provided by law.
(b) If such election is held in an odd-numbered year, then the term of
office for supervisor shall be one year; the terms of office for council
members shall be one year for two council members and three years for
the other two council members and the terms of office for each justice
shall be for the remainder of the then unexpired terms. Thereafter, each
office shall be filled for the term regularly provided by law.
* NB Effective January 1, 2025
5. In any case in which the proposition provided for in subdivision
one of this section shall have resulted in favor of the local government
operating principally as a town, then each town officer elected or
appointed as provided in subdivision four shall constitute also the
corresponding village officer, and no separate election of village
officers shall thereafter be held. All elections of town officers shall
be held in the manner and at the times regularly provided by law for the
election of town officers.
6. Nothing contained in this section shall diminish the power of the
board of trustees pursuant to section 3-302 of this chapter or any other
provision of law.