§ 41 — Additional supervisors in certain towns

§ 41. Additional supervisors in certain towns. 1. Resolution of town\nboard. Any town having a population of more than one-half the total\npopulation of the county in which such town is located, according to the\nlatest federal or state census or enumeration, shall have one additional\nsupervisor. No such additional supervisor, however, shall be elected or\nappointed in any such town which has but one supervisor at the time this\nchapter takes effect, until the town board of such town shall by\nresolution adopted by a majority vote determine to provide for the\nelection of an additional supervisor.\n 2. Election of supervisors in such town. At a town election held in\nNovember following the adoption of the resolution provided for in the\npreceding section, the electors of such town shall elect one additional\nsupervisor who shall hold office until January first following the next\nbiennial town election, at which time, and at each biennial town\nelection thereafter, two supervisors shall be elected under the general\nand special laws relating to the election of supervisors applicable to\nsuch town, except that one of such supervisors shall be elected as\npresiding supervisor of such town.\n 3. Powers and duties of presiding supervisor. The presiding supervisor\nshall exercise all the powers and be charged with all the duties imposed\nupon or required of town supervisors, except as herein otherwise\nprovided.\n 4. Powers and duties of additional supervisor. Such additional\nsupervisor shall be a member of the town board and shall have one vote\ntherein. Whenever by reason of sickness or absence from the state the\npresiding supervisor shall be prevented from attending to the duties of\nhis office, and whenever a vacancy occurs in the office of presiding\nsupervisor, the town board may by resolution authorize such additional\nsupervisor to act as presiding supervisor during such disability,\nabsence from the state or vacancy, as the case may be, and during such\ntime said supervisor shall possess all the rights and powers of the\npresiding supervisor. No such additional supervisor shall perform any\nact as presiding supervisor until he has qualified by the filing of\nbonds and otherwise as required by law in the case of the presiding\nsupervisor. Such additional supervisor shall exercise such other powers\nand perform such other duties not inconsistent with law as may from time\nto time be authorized or required by the town board.\n 5. Temporary appointment; vacancies. At the meeting of the town board\nimmediately following the adoption of a resolution providing for the\nelection of an additional supervisor, the town board may appoint the\nadditional supervisor to which such town is entitled who shall be a\nresident tax payer of such town and who shall hold office until his\nsuccessor is elected at the election first held thereafter as herein\nprovided. From and after the appointment by the town board of such\nadditional supervisor and until the election of a presiding supervisor,\nthe supervisor in office at the time of such appointment of an\nadditional supervisor shall be the presiding supervisor. Upon the death,\ndisability or removal of either supervisor of such town, his successor\nshall be elected or appointed as provided by law in the case of a town\nsupervisor.\n 6. Salary of additional supervisor. Such additional supervisor shall\nreceive from the town a salary to be fixed by the town board.\n 7. Powers and duties of supervisors as members of the board of\nsupervisors. Each supervisor from such town shall be a member of the\nboard of supervisors of the county in which such town is located and as\na member of such board he shall have powers and duties co-ordinate with\nthe powers and duties of the supervisors of other towns in the county,\nand he shall receive from the county for all services in any official\ncapacity the same salary and expenses as now or hereafter provided by\nlaw for supervisors of other towns in such county.\n If the supervisor from such a town be entitled to more than one vote,\nthe total number of votes to which such town is entitled, without any\nlimitation which would apply to a single supervisor of such town and\nwhether such number of votes be more or less than one-half of the total\nnumber of such votes of such board, shall be divided equally between\nsuch supervisors of such town.\n