§ 11 — Mandatory change of classification

§ 11. Mandatory change of classification. 1. Upon the completion of\neach decennial federal census, the secretary of state shall obtain from\nthe proper federal authorities an authenticated statement of the\npopulation of each town according to such federal census. When the\npopulation of any town as shown by such federal census is five thousand\nor more, the secretary of state shall file with the town clerk of such\ntown a copy of such authenticated statement. Whenever the population of\nany town of the second class shall be shown to be ten thousand or more\naccording to such certificate or authenticated statement, excepting\ntowns in Suffolk and Broome counties, and excepting also the town of\nPotsdam in St. Lawrence county and the town of Ulster in Ulster county,\nthe classification of such town shall be changed to that of a town of\nthe first class to become effective on the first day of January\nsucceeding the next biennial election held in said town, except that\nsaid town shall elect at the biennial election hereinbefore referred to,\nall the officers and only such as are required to be elected in a town\nof the first class.\n 2. (a) Any town which shall have become a town of the first class,\npursuant to subdivision one of this section, shall elect at the biennial\ntown election immediately preceding the effective date of the change of\nclassification, the following town officers: a supervisor, a town clerk\nand a town superintendent of highways for terms of two years each, and a\nreceiver of taxes and assessments for a term of four years, except as\notherwise provided by this chapter.\n (b) In addition to the officers specified in the preceding paragraph,\nthere shall also be elected at such biennial town election:\n (1) In a town which has two justices of the peace and two town council\nmembers and the term of one of such justices of the peace and one of\nsuch town council members expires on December thirty-first following\nsuch election, one justice of the peace for a term of four years, two\ntown council members for terms of four years each, and one town council\nmember for a term of two years;\n (2) In a town which has two justices of the peace and two town council\nmembers and the term of office of both such justices of the peace\nexpires on December thirty-first following such election, two justices\nof the peace for terms of four years each, and two town council members\nfor terms of four years each;\n (3) In a town which has two justices of the peace and two town council\nmembers and the term of office of both such town council members expires\non December thirty-first following such election, two town council\nmembers for terms of four years each, and two town council members for\nterms of two years each.\n (c) The term of office of each of the officers elected at such\nbiennial town election shall begin on the first day of January next\nsucceeding said election.\n (d) Party nominations for the offices to be filled at said biennial\ntown election shall be made and designating petitions may be filed and\nsuch officers shall be elected in the manner provided by law for the\nnomination, designation and election of town officers in such town.\n (e) This section shall not be construed to require the election of a\ntown officer for a two year term in any town in which such term has been\nincreased to four years pursuant to the provisions of this chapter; and\nnothing contained in this section shall be construed to abridge the term\nof office of any such town officer elected for a term of four years\nprior to change of classification.\n (f) This section shall not be construed to require the election of a\ntown clerk or a town superintendent of highways if such office shall be\nan appointive office in such town on the effective date of such change\nof classification.\n (g) Not less than ninety days before the biennial town election\nimmediately preceding the effective date of the change of\nclassification, the town board may adopt a resolution, subject to a\npermissive referendum, determining that the office of receiver of taxes\nand assessments shall be an appointive office in such town. Every\nelector of the town shall be entitled to vote at any referendum held\nthereon pursuant to the provisions of article seven of this chapter. If\nthe town board shall have adopted such a resolution and no petition for\na referendum thereon shall have been filed within the time specified in\narticle seven of this chapter, or if the majority of the votes cast on a\nproposition to approve such a resolution submitted pursuant to the\nprovisions of said article seven shall be in the affirmative, the office\nof receiver of taxes and assessments shall thereafter be an appointive\noffice in such town and no receiver of taxes and assessments shall be\nelected at the biennial town election immediately preceding the\neffective date of such change of classification, and on and after the\neffective date of such change of classification, the town board shall\nappoint a receiver of taxes and assessments who shall take and hold\noffice for the term provided by this chapter. In any town in which the\noffice of receiver of taxes and assessments shall be appointive, the\ntown board may appoint the town clerk of said town as the receiver of\ntaxes and assessments thereof.\n 3. Nothing contained in this section shall be construed to abridge the\nterm of office of a justice of the peace heretofore elected in any town\nto which this section shall apply, but on and after the effective date\nof such change of classification, any such justice of the peace shall\nexercise only such powers and shall be subject to only such duties,\nresponsibilities and liabilities as shall be prescribed by law with\nrespect to a justice of the peace in a town of the first class.\n 4. Town collectors and school district collectors. In any town to\nwhich this section shall apply, the collector shall continue in office\nuntil the effective date of such change of classification. On and after\nsuch date, the office of collector and the office of school district\ncollector shall be abolished in such town and no collector or school\ndistrict collector shall be chosen at any time to succeed the incumbents\nof the offices so abolished.\n 5. (a) Assessors. If any such town shall have three elective\nassessors, no successors thereto shall be elected at the biennial town\nelection immediately preceding the effective date of such change of\nclassification and the terms of office of such elective assessors whose\nterm would extend beyond the effective date of such change of\nclassification shall terminate on the effective date of such change of\nclassification. On or after the effective date of such change of\nclassification, the town board of said town shall appoint an assessor in\nthe manner and for the term prescribed by section three hundred ten of\nthe real property tax law.\n (b) If any such town shall have one elective assessor, no successor\nthereto shall be elected at the biennial town election immediately\npreceding the effective date of such change of classification. On or\nafter the effective date of such change of classification, the town\nboard shall appoint an assessor in the manner and for the term\nprescribed by section three hundred ten of the real property tax law.\n (c) If any such town shall have one appointive assessor who was\nappointed in the manner and for the term prescribed by section three\nhundred ten of the real property tax law, such assessor shall remain in\noffice for the balance of his unexpired term or shall continue in office\nfor an indefinite term if the office of assessor shall have been for an\nindefinite term immediately preceding the effective date of such change\nof classification.\n 6. Town board. On and after the effective date of the change of\nclassification of such town, the supervisor and the town council members\nshall constitute the town board thereof. Such town board shall have all\nthe powers and be subject to all the duties of a town board of a town of\nthe first class.\n