§ 2-260 Village incorporation commission and general administration.
1. a. There is hereby established within the department of state a
village incorporation commission. The commission shall consist of three
members appointed as follows:

(1) one member appointed by the secretary of state;

(2) one member appointed by the comptroller; and

(3) one member appointed by the attorney general.

b. Each member of the commission shall serve a term of four years. The
members shall be eligible for reappointment and shall serve until their
successors are appointed and qualified, and the term of the successor of
any incumbent shall be calculated from the expiration of the term of
that incumbent. A vacancy occurring other than by expiration of term
shall be filled in the same manner as the original appointment, but for
the unexpired term only.

c. A majority of the members of the commission shall constitute a
quorum for the purpose of conducting the business thereof and a majority
vote of all the members in office shall be necessary for action.

d. The member appointed by the secretary of state shall be chairperson
of the commission, provided that in the absence of the secretary of
state's appointee at any meeting of the board the appointee of the
attorney general or the comptroller, in such order, if either or both be
present, shall act as chairperson.

e. No member of the commission shall be disqualified from holding any
other public office, nor shall employment be forfeited by reason of the
member's appointment hereunder, notwithstanding the provisions of any
general, special or local law, ordinance, county or city charter.

2. The commission shall have powers and duties as provided in this
subdivision. A petitioner may seek relief from the commission under
paragraph f of this subdivision in the event that the petitioner or
petitioners and town or towns are unable to jointly select a third-party
to prepare the study required by section 2-202 of this article within
thirty-days of the filing of such a request with the town clerk:

a. To accept petitions filed pursuant to this article;

b. To hold hearings as required by this article;

c. To accept and deposit with the state comptroller all such monies
required to be paid by those seeking to incorporate a village pursuant
to this article;

d. To evaluate petitions filed pursuant to this article to ensure all
components required by section 2-202 of this article have been included;

e. To make decisions with regard to whether a village incorporation
election shall proceed based upon the commission's judgment of the
criteria established in sections 2-200 and 2-206 of this article and any
other requirements established in this article.

f. To select a third-party designee from a list submitted by the
petitioner or petitioners and town or towns to prepare the study
required to be attached to the petition pursuant to section 2-202 of
this article;

g. To direct the town clerk or clerks to post notices of hearing in
alternative locations pursuant to section 2-204 of this article;

h. To direct the town clerk or clerks to post notices of election in
alternative locations pursuant to section 2-214 of this article; and

i. To direct the town clerk or clerks to post notices of availability
of list for inspection and additions pursuant to section 2-218 of this
article.

3. Prior to issuing its decision with regard to whether a village
incorporation election shall proceed, and upon receiving a complete
petition seeking village incorporation, the commission shall review the
study attached to such petition, as required by section 2-202 of this
article, to determine whether such study conforms to the requirements of
section 2-202 of this article.

4. Commission review. The commission shall determine whether:

a. the petitioner has submitted a study pursuant to section 2-202 of
this article having all the elements required by this article and that
such study was provided for public review on the department of state's
website for at least ninety days before any public hearing on the
petition;

b. the proposed village is capable of providing services to the area
proposed to be incorporated;

c. the tax revenue collected by such proposed village would
sufficiently defray the cost of municipal services at a property tax
rate that favorably compares to the property tax rate of the town or
towns; and

d. the incorporation would increase tax burdens on those located
within the town or towns within which such proposed village would be
established.

5. A village incorporation election shall not proceed if the
commission determines based on the evidentiary record that the petition
or the study or other exhibits or certifications with the petition does
not meet the requirements of this article or that the proposed village
would not satisfy the criteria of paragraph b, c, or d of subdivision
four of this section.

6. A notice of the commission's decision with regard to whether a
village incorporation shall proceed to election shall be by majority
vote, and the department of state shall post a notice of the
commission's decision on the public-facing portion of the department of
state's website. No village incorporation election shall proceed in the
event the commission rules adversely to such incorporation, except
pursuant to the provisions of section 2-210 of this article.