§ 88 — Reduction of number of justices of the peace and election of town council members

§ 88. Reduction of number of justices of the peace and election of\ntown council members. 1. Except in the town of Hector in the county of\nSchuyler, and except as hereinafter provided, in any town of the second\nclass having more than two justices of the peace there shall be elected\nat the next biennial town election occurring after this act shall take\neffect and at every biennial town election held in such town thereafter,\none justice of the peace and one town council member for a term of four\nyears each to begin on the first day of January next succeeding the\nelection at which such officers were elected. During the period between\nthe first day of January next succeeding the biennial town election at\nwhich the first town council member shall be so elected and the first\nday of January next succeeding the biennial town election at which a\nsecond town council member shall be elected, the supervisor, the\njustices of the peace and the town council member of such town shall\nconstitute the town board thereof. On and after the first day of January\nnext succeeding the biennial town election at which the second town\ncouncil member shall be elected, the supervisor, the two justices of the\npeace and the two town council members shall constitute such town board.\nNothing herein contained shall be construed to abridge the term of a\njustice of the peace heretofore elected in any town.\n 2. Notwithstanding the provisions of subdivision one of this section,\nthe town board of any town of the second class to which this section\nshall apply may, by resolution, direct that at the first biennial town\nelection held after this act shall take effect, there shall be elected\ntwo town council members (but no justices of the peace except to fill a\nvacancy) for a term of four years each to begin on the first day of\nJanuary next succeeding the election at which such officers were\nelected, instead of one justice of the peace and one town council\nmember; and on and after the first day of January next succeeding the\nbiennial town election at which such town council members shall be so\nelected the supervisor, the justices of the peace and the two town\ncouncil members of such town shall constitute the town board thereof. At\neach biennial election at which no town council members are elected\n(except to fill a vacancy) two justices of the peace shall be elected\nfor a term of four years each beginning on the first day of January next\nsucceeding such election.\n 3. Notwithstanding the provisions of subdivision one of this section,\nthe town board of any town of the second class to which this section\nshall apply may, by resolution, direct that at the first biennial town\nelection held after this act shall take effect, there shall be elected\ntwo justices of the peace for a term of four years each to begin on the\nfirst day of January next succeeding the election at which such officers\nwere elected, instead of one justice of the peace and one town council\nmember; and on and after the first day of January next succeeding the\nbiennial town election at which such justices of the peace shall be so\nelected the supervisor and the justices of the peace shall constitute\nthe town board thereof. At the next biennial election thereafter, two\ntown council members shall be elected for a term of four years each, in\nplace of the two justices of the peace whose terms shall next expire,\nand the town board shall thereafter consist of the supervisor, two\njustices of the peace and two town council members.\n 4. The provisions of this section, however, shall not apply to the\ntown of Islip in the county of Suffolk and, in such town, four justices\nof the peace shall continue to be elected in accordance with former\nprovisions of law and the supervisor and the four justices of the peace\nshall continue to constitute the town board of such town.\n