§ 12 — Optional change of classification

§ 12. Optional change of classification. 1. Any town of the second\nclass, including towns in Suffolk and Broome counties and the town of\nUlster in Ulster county, having a population of five thousand or more as\nshown by the latest federal census or in which the assessed valuation of\nthe taxable real property as shown by the latest completed assessment\nrole exceeds ten million dollars or adjoining a city having a population\nof three hundred thousand or more as shown by the latest federal census,\nmay become a town of the first class, by either of the following\nmethods:\n (a) By the adoption by the town board of a resolution therefor,\nsubject to a permissive referendum; or\n (b) By the adoption of a proposition therefor, by the affirmative vote\nof a majority of the qualified electors of the town voting thereon at a\nspecial or biennial town election, pursuant to subdivision three of\nsection eighty-one of this chapter.\n 2. (a) If any such town shall determine, pursuant to the method\nspecified in paragraph (a) of subdivision one of this section, to become\na town of the first class, the town board shall cause certified copies\nof the resolution to be filed in the offices of the department of state\nand the department of audit and control.\n There shall also be filed therewith the affidavit of the town clerk\nthat no petition requiring the submission to the qualified electors of\nthe town of a proposition approving such resolution was filed with said\ntown clerk, if such resolution was not so submitted.\n If a proposition approving a resolution changing the classification of\na town was submitted to the electors, pursuant to the filing of a\npetition therefor or upon the motion of the town board, there shall be\nfiled in the office of each of such state departments copies of the\ncertificate of the election inspectors at such election, duly certified\nby the town clerk.\n (b) If any such town shall determine, pursuant to the method specified\nin paragraph (b) of subdivision one of this section, to become a town of\nthe first class, the town board shall cause copies of the certificate of\nthe election inspectors or board of canvassers of the town election at\nwhich the proposition for the change of classification was adopted, duly\ncertified by the town clerk or board of canvassers, to be filed in the\noffices of the department of state and the department of audit and\ncontrol.\n 3. (a) If a town shall determine, pursuant to the method specified in\nparagraph (a) of subdivision one of this section, to become a town of\nthe first class, such change of classification shall become effective on\nthe first day of January next succeeding the first biennial town\nelection held at least one hundred fifty days after the date of the\nadoption of the resolution determining, subject to a permissive\nreferendum, to become a town of the first class. On and after said first\nday of January, such town shall be a town of the first class.\n (b) If a town shall determine, pursuant to the method specified in\nparagraph (b) of subdivision one of this section, to become a town of\nthe first class, such change of classification shall become effective on\nthe first day of January next succeeding the first biennial town\nelection held at least ninety days after the date of adoption of the\nproposition changing the classification of the town to that of a town of\nthe first class, pursuant to article six of this chapter. On and after\nsaid first day of January, such town shall be a town of the first class.\n 4. (a) Any town which shall have determined, pursuant to either method\nspecified in subdivision one of this section, to become a town of the\nfirst class, shall elect, at the biennial town election immediately\npreceding the effective date of the change of classification, the\nfollowing town officers: a supervisor for a term of two years, and,\nexcept as otherwise provided herein, a town clerk and a town\nsuperintendent of highways for terms of two years each and a receiver of\ntaxes and assessments for a term of four years.\n (b) In addition to the officers specified in the preceding paragraph,\nthere shall also be elected at such biennial town election in a town\nwhich has four or more justices of the peace but no town council member\non the first day of July immediately preceding such election: one\njustice of the peace for a term of four years, two town council members\nfor terms of four years each, and two town council members for terms of\ntwo years each.\n Any such town which on the first day of July preceding said biennial\ntown election has three justices of the peace and one town council\nmember, shall elect at said biennial town election one justice of the\npeace for a term of four years, two town council members for terms of\nfour years each and one town council member for a term of two years, in\naddition to the officers specified in paragraph (a) of this subdivision.\n Any such town which on the first day of July preceding said biennial\ntown election has two justices of the peace and two town council members\nand the term of one of such justices of the peace and of one of such\ntown council members expires on December thirty-first following such\nelection, shall elect at such election one justice of the peace for a\nterm of four years, two town council members for terms of four years\neach and one town council member for a term of two years, in addition to\nthe officers specified in paragraph (a) of this subdivision.\n Any such town which on the first day of July preceding said biennial\ntown election has two justices of the peace and two town council members\nand the term of office of both such justices of the peace expires on\nDecember thirty-first following such election, shall elect at such\nelection two justices of the peace for terms of four years each and two\ntown council members for terms of four years each, in addition to the\nofficers specified in paragraph (a) of this subdivision.\n Any such town which on the first day of July preceding said biennial\ntown election has two justices of the peace and two town council members\nand the term of office of both such town council members expires on\nDecember thirty-first following such election, shall elect at such\nelection two town council members for terms of four years each and two\ntown council members for terms of two years each, in addition to the\nofficers specified in paragraph (a) of this subdivision.\n (c) The term of office of each of the officers elected at said\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 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 (f) 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 (g) This section shall not be construed to require the election of a\ntown superintendent of highways for a two year term in any town in which\nsuch term has been increased to four years pursuant to the provisions of\nsection twenty-four of this chapter; and nothing contained in this\nsection shall be construed to abridge the term of office of a town\nsuperintendent of highways elected for a term of four years prior to\nchange of classification.\n 5. Nothing contained in this section shall be construed to abridge the\nterm of office of a justice of the peace elected prior to the adoption\nof the resolution or proposition for the change of classification, but\non and after the effective date of such change of classification, any\nsuch justice of the peace shall exercise only such powers and shall be\nsubject to only such duties, responsibilities and liabilities as shall\nbe prescribed by law with respect to a justice of the peace in a town of\nthe first class.\n 6. Town collectors and school district collectors. In any town which\nshall have determined, pursuant to either method specified in\nsubdivision one of this section, to become a town of the first class,\nthe collector shall continue in office until the effective date of such\nchange of classification. On and after such date, the office of\ncollector and the office of school district collector shall be abolished\nin such town and no collector or school district collector shall be\nchosen at any time to succeed the incumbents of the offices so\nabolished.\n 7. (a) Assessors. If on the first day of July immediately preceding\nthe effective date of the change of classification any such town shall\nhave three elective assessors, no successors thereto shall be elected at\nthe biennial town election immediately preceding the effective date of\nsuch change of classification and the terms of office of all such\nelective assessors whose term would extend beyond the effective date of\nsuch change of classification shall terminate on the effective date of\nsuch change of classification. On or after the effective date of such\nchange of classification, the town board of said town shall appoint an\nassessor in the manner and for the term prescribed by section three\nhundred ten of the real property tax law.\n (b) If on the first day of July immediately preceding the effective\ndate of the change of classification any such town shall have one\nappointive assessor who shall have been appointed in the manner and for\nthe term prescribed by section three hundred ten of the real property\ntax law, such assessor shall continue in office for the balance of his\nunexpired term, or for an indefinite term if the term of office of such\nassessor shall have been for an indefinite term immediately preceding\nthe effective date of such change of classification.\n 8. 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