§ 20 — Town officers

New York § 20

• Jurisdiction: New York
• Law TWN: Town
• Art. 3: Town Officers, Powers, Duties and Compensation

Text

§ 20. Town officers. 1. (a) Every town of the first class shall have a\nsupervisor, four town council members, unless the number of council\nmembers shall have been increased to six or decreased to two as provided\nby this chapter, a town clerk, two town justices, a town superintendent\nof highways, one assessor, a receiver of taxes and assessments, as many\ntown police officers and such other employees as the town board may\ndetermine necessary for the proper conduct of the affairs of the town.\nThe supervisor, town counsel members, town clerk, town justices, town\nsuperintendent of highways and receiver of taxes and assessments in\nevery such town shall be elective. All other officers and employees in\nsuch a town shall be appointed by the town board, except as otherwise\nprovided by law. In any town in which a town police department has been\nestablished pursuant to law, or which town is a part of a county police\ndistrict, the town board may appoint not more than four civil officers\nwho shall possess all the powers and duties of constables in civil\nactions and proceedings only, and shall be paid no salary by the town\nboard but shall be entitled to collect the statutory fees allowed by law\nin such civil actions and proceedings. The clerk of the court of a town\nshall be employed and discharged from employment only upon the advice\nand consent of the town justice or justices.\n (b) Except as otherwise provided by law, every town of the second\nclass shall have a supervisor, two justices of the peace, two town\ncouncil members, a town clerk, a town superintendent of highways, three\nassessors, a collector, and, if there be no town police department, as\nmany constables as the town board may determine necessary. In any such\ntown in which a town police department has been established pursuant to\nlaw, the town board may appoint not more than four civil officers who\nshall possess all the powers and duties of constables in civil actions\nand proceedings only, except that the town board of the town of\nSouthold, county of Suffolk, may appoint four additional constables, who\nshall possess all the powers and duties of constables in civil and\ncriminal actions and proceedings, solely for the benefit of Fishers\nIsland located in such town; provided, however, that nothing in this\nparagraph shall be deemed to authorize such constables to carry, repair\nor dispose of a firearm unless the appropriate license therefore has\nbeen issued pursuant to section 400.00 of the penal law; and shall be\npaid no salary by the town board but shall be entitled to collect the\nstatutory fees allowed by law in such civil actions and proceedings.\nEvery town of the second class may have in addition such other employees\nas the town board may determine necessary for the proper conduct of the\naffairs of the town. The supervisor, justices of the peace, town council\nmembers, town clerk, town superintendent of highways, assessors and\ncollector in every such town shall be elected. All other town officers\nand employees in such a town shall be appointed by the town board,\nexcept as otherwise provided by law. Provided, however, that in a town\nhaving less than three hundred inhabitants according to the latest\nfederal census and having a taxable property valuation of less than one\nhundred thousand dollars according to the latest assessment roll, there\nshall be elected one justice of the peace for a term of four years and\none assessor for a term of two years, but no town council member.\nSuccessors to such officers shall be elected for like terms at the\nbiennial town election prior to the expiration of their terms of office.\nThe clerk of the court of a town shall be employed and discharged from\nemployment only upon the advice and consent of the town justice or\njustices.\n (c) Notwithstanding the provisions of this section or the provisions\nof any other general or special law, in the town of Smithtown in the\ncounty of Suffolk, a proposition calling for the abolition of the office\nof justice of the peace within such town, as authorized by chapter two\nhundred seventy-eight of the laws of nineteen hundred fifty-eight, as\namended by chapter eight hundred eleven of the laws of nineteen hundred\nsixty-two, constituting the Suffolk county charter, having been\nsubmitted to the electors of such town at the general election held in\nnineteen hundred sixty-two and having at such election received a\nmajority of affirmative votes, the justices of the peace holding office\nin such town at the time of such vote shall continue in office until the\nend of the respective terms for which they were elected. At the general\nelection immediately preceding the expiration of the term of the justice\nof the peace in such town whose term shall first expire an additional\ntown council member shall be elected, and at the general election\npreceding the expiration of the term of the justice of the peace in such\ntown whose term shall be the second such term to expire another\nadditional town council member shall be elected, so that thereafter such\ntown shall have four town council members. Each town council member so\nelected shall be elected for a term of four years and shall hold office\nduring such term.\n (d) Notwithstanding the provisions of this chapter or of any other\ngeneral or special law, any town, which by the latest federal census or\nspecial census has a population of more than fifty thousand inhabitants,\nmay, by a resolution, submit to a referendum a proposition calling for\nthe establishment of the office of a third town justice and a town with\na population of more than seventy-five thousand may, by a resolution,\nsubmit to a referendum a proposition calling for the establishment of\nthe offices of a third, of a fourth or of a third and fourth town\njustice. Such referendum must be submitted to the voters at least one\nhundred twenty days prior to the next biennial town election. At the\nnext biennial town election immediately succeeding the approval of the\nproposition hereinabove provided for, said town justices shall be\nelected for a term of four years and shall hold office during such term.\nProvided, however, such justice so elected shall not serve as a member\nof the town board but shall exercise all other powers and duties\nnecessary or incident to such office. Successors to such office shall be\nelected for like terms and shall exercise like powers and duties.\n (e) Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the town board of the town of Southampton, county\nof Suffolk, may adopt a resolution, subject to a permissive referendum\nas provided by article seven of this chapter, at least one hundred fifty\ndays prior to any biennial town election determining that such town\nshall have four town justices. If the town board of such town shall have\nadopted such a resolution and no petition shall have been filed within\nthe time specified for a referendum thereon, or if a majority of the\nvotes cast on any such proposition submitted to vote of the electors be\nin the affirmative, the electors of such town shall elect at the\nsucceeding biennial election, and quadrennially thereafter, such\nadditional town justice for a term of four years beginning on the first\nday of January next succeeding such biennial town election.\n (f) Notwithstanding the provisions of paragraph (b) of this\nsubdivision, every town of the second class which has not exercised the\noption to retain elective assessors in the manner provided by former\nsection fifteen hundred fifty-six of the real property tax law shall\nhave one assessor to be appointed in the manner and for the term\nprescribed by section three hundred ten of the real property tax law.\n (g) Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the town board of the town of Clarkstown, county of\nRockland, may adopt a resolution at least one hundred fifty days prior\nto any biennial town election determining that such town shall have four\ntown justices. If the town board of such town shall have adopted such a\nresolution, the electors of such town shall elect at the succeeding\nbiennial election, and quadrennially thereafter, such additional town\njustice for a term of four years beginning on the first day of January\nnext succeeding such biennial town election.\n (h) Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the town board of the town of Henrietta, county of\nMonroe may adopt a resolution, subject to a permissive referendum as\nprovided by article seven hereof, at least sixty days prior to any\nregular or special election determining that such town shall have three\ntown justices. If the town board of such town shall have adopted such a\nresolution and no petition shall have been filed within the time\nspecified for a referendum thereon, or if a majority of the votes cast\non any such proposition submitted to the vote of the electors be in the\naffirmative, the electors of such town shall elect at the succeeding\ngeneral election a town justice who shall take office for a term of four\nyears beginning on the first day of January next succeeding such\nbiennial town election.\n (i) Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the town board of the town of Orangetown, county of\nRockland may adopt a resolution, subject to a permissive referendum as\nprovided by article seven hereof, at least sixty days prior to any\nregular or special election determining that such town shall have three\ntown justices. If the town board of such town shall have adopted such a\nresolution and no petition shall have been filed within the time\nspecified for a referendum thereon, or if a majority of the votes cast\non any such proposition submitted to the vote of the electors be in the\naffirmative, the electors of such town shall elect at the succeeding\ngeneral election a town justice who shall take office for a term of four\nyears beginning on the first day of January next succeeding such\nbiennial town election.\n (j) Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the town board of the town of Champlain, county of\nClinton may adopt a resolution, subject to a permissive referendum as\nprovided by article seven of this chapter, at least sixty days prior to\nany regular or special election determining that such town shall have\nthree town justices. If the town board of such town shall have adopted\nsuch a resolution and no petition shall have been filed within the time\nspecified for a referendum thereon, or if a majority of the votes cast\non any such proposition submitted to the vote of the electors be in the\naffirmative, the electors of such town shall elect at the succeeding\ngeneral election a town justice who shall take office for a term of four\nyears beginning on the first day of January next succeeding such\nbiennial town election.\n * (k) Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the town board of the town of Unadilla, county of\nOtsego may adopt a resolution, subject to a permissive referendum as\nprovided by article seven hereof, at least sixty days prior to any\nregular or special election determining that such town shall have three\ntown justices. If the town board of such town shall have adopted such a\nresolution and no petition shall have been filed within the time\nspecified for a referendum thereon, or if a majority of the votes cast\non any such proposition submitted to the vote of the electors be in the\naffirmative, the electors of such town shall elect at the succeeding\ngeneral election a town justice who shall take office for a term of four\nyears beginning on the first day of January next succeeding such\nbiennial town election.\n * NB There are 3 par (k)'s\n * (k) Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the town board of the town of Sennett, county of\nCayuga may adopt a resolution, subject to a permissive referendum as\nprovided by article seven hereof, at least sixty days prior to any\nregular or special election determining that such town shall have three\ntown justices. If the town board of such town shall have adopted such a\nresolution and no petition shall have been filed within the time\nspecified for a referendum thereon, or if a majority of the votes cast\non any such proposition submitted to the vote of the electors be in the\naffirmative, the electors of such town shall elect at the succeeding\ngeneral election a town justice who shall take office for a term of four\nyears beginning on the first day of January next succeeding such\nbiennial town election.\n * NB There are 3 par (k)'s\n * (k) Notwithstanding the provisions of any general, special or local\nlaw to the contrary, every town which has a contract in force and effect\nwith another municipality for the municipality to provide highway, road\nand street maintenance and repair for a period of not less than five\nyears may adopt a local law, subject to permissive referendum as\nprovided by article seven of this chapter, not later than July fifteenth\nof the year prior to which the term of office of the current elected\ntown superintendent of highways shall expire, that the office of the\ntown superintendent of highways shall be abolished. A town which\nthereafter terminates such a contract shall re-establish the position of\ntown superintendent of highways by local law as an appointive office.\n * NB There are 3 par (k)'s\n (l) Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the town board of the town of East Bloomfield,\ncounty of Ontario may adopt a resolution, subject to a permissive\nreferendum as provided by article seven hereof, at least sixty days\nprior to any regular or special election determining that such town\nshall have three town justices. If the town board of such town shall\nhave adopted such a resolution and no petition shall have been filed\nwithin the time specified for a referendum thereon, or if a majority of\nthe votes cast on any such proposition submitted to the vote of the\nelectors be in the affirmative, the electors of such town shall elect at\nthe succeeding general election a town justice who shall take office for\na term of four years beginning on the first day of January next\nsucceeding such biennial town election. Upon the election of a third\ntown justice, the town board shall adopt a resolution to abolish one of\nthe offices of town justice for the purpose of staggering the elections\nof its town justices.\n (m) Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the town board of the town of Guilderland, county\nof Albany may adopt a resolution, subject to a permissive referendum as\nprovided by article seven of this chapter, at least sixty days prior to\nany regular or special election determining that such town shall have\nthree town justices. If the town board of such town shall have adopted\nsuch a resolution and no petition shall have been filed within the time\nspecified for a referendum thereon, or if a majority of the votes cast\non any such proposition submitted to the vote of the electors be in the\naffirmative, the electors of such town shall elect at the succeeding\ngeneral election a town justice who shall take office for a term of four\nyears beginning on the first day of January next succeeding such\nbiennial town election.\n (n) Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the town board of the town of Sodus, county of\nWayne may adopt a resolution, subject to a permissive referendum as\nprovided by article seven hereof, at least sixty days prior to any\nregular or special election determining that such town shall have three\ntown justices. If the town board of such town shall have adopted such a\nresolution and no petition shall have been filed within the time\nspecified for a referendum thereon, or if a majority of the votes cast\non any such proposition submitted to the vote of the electors be in the\naffirmative, the electors of such town shall elect at the succeeding\ngeneral election a town justice who shall take office for a term of four\nyears beginning on the first day of January next succeeding such\nbiennial town election. Upon the election of a third town justice, the\ntown board shall adopt a resolution to abolish one of the offices of\ntown justice for the purpose of staggering the elections of its town\njustices.\n (o) In the event the village court of the village of Ossining, county\nof Westchester, is abolished effective January first, two thousand\ntwelve, the town court of the town of Ossining, county of Westchester,\nshall thereupon have three town justices. The third town justice\nestablished by this paragraph shall first be filled by election at the\nregular election held immediately prior to the date of abolition of the\nvillage court of the village of Ossining as provided by the election law\nand the public officers law.\n (p) Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the town board of the town of Wallkill, county of\nOrange may adopt a resolution, subject to a permissive referendum as\nprovided by article seven of this chapter, at least sixty days prior to\nany regular or special election determining that such town shall have\nthree town justices. If the town board of such town shall have adopted\nsuch a resolution and no petition shall have been filed within the time\nspecified for a referendum thereon, or if a majority of the votes cast\non any such proposition submitted to the vote of the electors be in the\naffirmative, the electors of such town shall elect at the succeeding\ngeneral election a town justice who shall take office for a term of four\nyears beginning on the first day of January next succeeding such\nbiennial town election.\n (q) In the event the village court of the village of Port Chester,\ncounty of Westchester, is abolished effective May fifteenth, two\nthousand twenty-one, the town court of the town of Rye, county of\nWestchester, shall thereupon have four town justices. The third and\nfourth town justices established pursuant to this paragraph shall be\nfilled by election at the regular election held immediately after the\ndate of abolition of the village court of the village of Port Chester as\nprovided by the election law and the public officers law.\n (r) Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the town board of the town of Rotterdam, county of\nSchenectady may adopt a resolution, subject to a permissive referendum\nas provided by article seven of this chapter, at least one hundred fifty\ndays prior to any biennial election determining that such town shall\nhave three town justices. If the town board of such town shall have\nadopted such a resolution and no petition shall have been filed within\nthe time specified for a referendum thereon, or if a majority of the\nvotes cast on any such proposition submitted to vote of the electors be\nin the affirmative, the electors of such town shall elect at the\nsucceeding biennial election, and quadrennially thereafter, such\nadditional town justice for a term of four years beginning on the first\nday of January next succeeding such biennial town election.\n 2. (a) The town board of every town may establish the office of town\nattorney or town engineer, or both. If the town board shall so establish\nthe office of town attorney or town engineer, or both, it shall fix the\nsalary of such officer or officers. In addition, the town board of any\nsuch town may employ counsel to the town attorney in respect to any\nparticular subject matter, proceeding or litigation, or it may employ\nsuch expert engineering service in respect to any particular subject\nmatter, improvement or proceeding, as it may necessarily require. A town\nof the first class shall have the authority to appoint such deputies in\nthe offices of the town attorney and town engineer as may be provided by\nresolution of such board and fix the salaries therefor. A town of the\nsecond class having a population of over seventy-five thousand according\nto the latest federal census or state enumeration shall have the\nauthority to appoint such deputies in the office of the town attorney as\nmay be provided by resolution of such board and fix the salaries\ntherefor. The terms of such offices shall be indefinite and the\nappointees thereto shall be removable at the pleasure of the town board.\n (b) The town board of any town which shall not have established the\noffice of town attorney may employ an attorney to give it such\nprofessional service and advice as it may require, and the town board of\nany town which shall not have established the office of town engineer\nmay employ an engineer to give it such professional service and advice\nas it may require.\n 3. (b) The town board of any town of the first class, or any town of\nthe second class having a population of over forty thousand according to\nthe latest federal census or state enumeration, may adopt a resolution\nestablishing the office of town comptroller and appoint a town\ncomptroller who shall hold office until the first day of January next\nsucceeding the first biennial town election held after the time of his\nappointment. On the first day of January next succeeding the first\nbiennial town election held after the time of the establishment of such\noffice, and biennially thereafter, the town board shall appoint a\ncomptroller who shall hold office for a term of two years. The town\nboard of any town in which the office of town comptroller shall have\nbeen established may adopt a resolution abolishing such office and upon\nthe expiration of the term of office of the incumbent such office shall\nbe abolished and no successor shall be appointed.\n (c) The town board of any town of the first class may establish the\noffice of deputy receiver of taxes and assessments and fix the salary\ntherefor; and the town board of any such town in which such office shall\nhave been established may abolish such office. It shall be the duty of\nthe deputy receiver of taxes and assessments to assist the receiver of\ntaxes and assessments in the performance of his duties. The town board\nof any such town wherein the office of deputy receiver of taxes and\nassessments has been created may also establish one additional office of\ndeputy receiver of taxes and assessments and may fix the salary therefor\nand prescribe his duties and where such additional office has been\nestablished may abolish same.\n (d) The town board of any town which has established the office of\ntown comptroller pursuant to the provisions of paragraph (b) of this\nsubdivision, may establish the office of deputy comptroller and fix the\nsalary therefor; and the town board of any such town in which such\noffice shall have been established may abolish such office. It shall be\nthe duty of the deputy comptroller to assist the comptroller in the\nperformance of his duties and if and when the comptroller is absent or\nis unable to perform the duties of his office for any other reason, such\ndeputy shall have full power and authority to perform all the duties of\nthe comptroller so long as such officer is either absent or otherwise\nincapable of performing his duties.\n (e) The town board of any town may adopt a resolution establishing the\noffice of director of purchasing and appoint a director of purchasing\nwho shall hold office until the first day of January next succeeding the\nfirst biennial town election held after the time of his appointment. On\nthe first day of January next succeeding the first biennial town\nelection held after the time of the establishment of such office, and\nbiennially thereafter, the town board shall appoint a director of\npurchasing who shall hold office for a term of two years. If a town\nboard so determines, the duties of director of purchasing may be\ncombined with the duties of any other town officer, official or employee\nexcept members of the town board or comptroller. The town board of any\ntown in which the office of director of purchasing shall have been\nestablished may adopt a resolution abolishing such office and upon the\nexpiration of the term of office of the incumbent such office shall be\nabolished and no successor shall be appointed.\n 4. No person shall be eligible to hold more than one elective town\noffice but the town board for the purpose of consolidating offices and\npositions, may at any time by resolution enlarge, increase and impose\nfurther and other duties than those prescribed by law upon any elective\nor appointed officer or employee and fix a single compensation for the\nperformance of all such duties. No member of the town board shall,\nhowever, be comptroller of such town.\n 5. The term "officer" and/or "officers" whenever used in this chapter\nshall include the incumbents of the offices of supervisor, council\nmember, town clerk, justice of the peace, superintendent of highways,\nassessor, receiver of taxes and assessments and collector, or any of\nthem.\n 5-a. The terms "council member" and "council members" whenever used in\nthis chapter shall include all persons eligible to hold such office.\n 6. (a) At least one hundred fifty days prior to any biennial town\nelection, the town board of any town in which the appointive office of\ntown clerk shall exist, may adopt a resolution, subject to a permissive\nreferendum, that the office of town clerk shall be an elective office in\nsuch town. Every elector of the town shall be entitled to vote at any\nreferendum held thereon pursuant to the provisions of article seven of\nthis chapter. If the town board shall have adopted such a resolution and\nno petition shall have been filed within the time specified in article\nseven for a referendum thereon, or, if a majority of the votes cast on\nany such proposition submitted pursuant to the provisions of article\nseven be in the affirmative the office of town clerk shall thereafter be\nan elective office in such town, and a town clerk shall be elected at\nthe succeeding biennial town election for the term provided by this\nchapter, beginning on the first day of January next succeeding such\nbiennial town election and the term of office of the appointive town\nclerk for whom such successor shall be elected shall expire on said\nfirst day of January.\n (b) At least one hundred fifty days prior to any biennial town\nelection the town board of any town in which the appointive office of\ntown superintendent of highways shall exist, may adopt a resolution,\nsubject to a permissive referendum that the office of town\nsuperintendent of highways shall be an elective office in such town.\nEvery elector of the town shall be entitled to vote at any referendum\nheld thereon pursuant to the provisions of article seven of this\nchapter. If the town board shall have adopted such a resolution and no\npetition shall have been filed within the time specified in article\nseven for a referendum thereon, or, if a majority of the votes cast on\nany such proposition submitted pursuant to the provisions of article\nseven be in the affirmative the office of town superintendent of\nhighways shall thereafter be an elective office in such town, and a town\nsuperintendent of highways shall be elected at the succeeding biennial\ntown election for the term provided by this chapter, beginning on the\nfirst day of January next succeeding such biennial town election and the\nterm of office of the appointive town superintendent of highways for\nwhom such successor shall be elected shall expire on said first day of\nJanuary.\n (c) At least one hundred fifty days prior to any biennial town\nelection, the town board of any town of the first class in which the\nappointive office of receiver of taxes and assessments shall exist, may\nadopt a resolution, subject to a permissive referendum, that the office\nof receiver of taxes and assessments shall be an elective office in such\ntown. Every elector of the town shall be entitled to vote at any\nreferendum held thereon pursuant to the provisions of article seven of\nthis chapter. If the town board shall have adopted such a resolution and\nno petition shall have been filed within the time specified in article\nseven for a referendum thereon, or, if a majority of the votes cast on\nany such proposition submitted pursuant to the provisions of article\nseven be in the affirmative the office of receiver of taxes and\nassessments shall thereafter be an elective office in such town, and a\nreceiver of taxes and assessments shall be elected at the succeeding\nbiennial town election for the term provided by this chapter, beginning\non the first day of January next succeeding such biennial town election\nand the term of office of the appointive receiver of taxes and\nassessments for whom such successor shall be elected shall expire on\nsaid first day of January.\n