§ 60-A — Removal of town justices from town board

§ 60-a. Removal of town justices from town board. 1. Notwithstanding\nany provision of this chapter or any other law to the contrary, in any\ntown in which a town justice serves as a member of the town board, a\nvacancy shall be created and is hereby created on the town board upon\nthe expiration of the term of office of such justice and the membership\nof such town board shall consist of a town supervisor and town council\nmembers and the vacancy on such town board created by the expiration of\nthe term of the town justice shall be filled at the general election\npreceding the expiration of the term of such justice by the election of\na town council member, unless the office of town council member does not\nexist in such town. In the event the town board determines that council\nmembers should be elected biennially and in order to so provide, it is\nnecessary that such council member be elected for a single one year term\nor a single three year term, such town board may, by resolution provide\nthat the town council member elected to fill the vacancy created by the\nexpiration of the term of town justice as town board member, shall be\nfirst elected for a single one or three year term as provided in such\nresolution and their successors shall thereafter be elected for four\nyear terms.\n Notwithstanding the provisions of this section, or any other law to\nthe contrary, which provides that a town justice shall not constitute a\nmember of the town board, such office of town justice shall continue and\nsuch town justice shall have all the powers and duties of a town justice\nas defined by the uniform justice court act and as otherwise provided by\nlaw. Such town justices shall continue to be elected as town justices\nexcept that such town justices shall not constitute members of the town\nboard.\n 2. In the event the town board determines that it will be in the best\ninterests of the town, such town board may, by the adoption of a\nresolution, subject to permissive referendum, reduce the number of\ncouncil members or town justices and provide that the term of such town\ncouncil member first elected shall be for a single two or four year term\nin order to provide for biennial town elections and their successor\nshall thereafter be elected for four year terms. In no event shall any\ntown board constitute less than two town council members and the\nsupervisor. The town board of any town in which the number of council\nmembers or justices has been reduced pursuant to this subdivision, may\nadopt a resolution, subject to permissive referendum, restoring one or\ntwo of the offices of council members or town justices previously\nreduced, provided, however, that the total number of town justices for\nsuch town including the restored offices, shall not exceed the number\nprovided in subdivision one of section twenty of this chapter. Such\nresolution shall provide for a two or four year term for the restored\noffice of council member in order to provide for biennial town\nelections, and their successor shall thereafter be elected for four year\nterms. The election of a council member or town justice to the restored\noffice shall take place at the biennial town election next succeeding\nthe effective date of such resolution, for a term of office commencing\nJanuary first following the election.\n