§ 3-302 — Official year, terms of office, extension or reduction of terms, biennial elections

New York § 3-302

• Jurisdiction: New York
• Law VIL: Village
• Art. 3: Officers and Elections

Text

§ 3-302 Official year, terms of office, extension or reduction of\nterms, biennial elections. 1. An official year begins at noon on the\nfirst Monday in the month following the date of the general village\nelection or the date such an election would have been held had elections\nbeen held annually.\n 2. The term of office of each elective village officer shall commence\nat the start of the official year following his election; the term of\noffice of each officer appointed at the annual meeting of the board of\ntrustees shall commence at the start of the official year in which he is\nappointed; and the term of office of each officer appointed at any other\ntime shall commence at the time of his appointment.\n 3. Except as is otherwise provided herein or in this chapter, the term\nof office of mayor, each trustee, treasurer and clerk shall be two\nofficial years and the term of office of village justice shall be four\nofficial years.\n If the board of trustees of any village establishes a second office of\nvillage justice pursuant to section 3-301 of this article or a third\noffice of the village justice pursuant to section 3-303 of this article\nthe resolution or local law therefor may provide for a single term of\none, two or three years for such second or third village justice who\nshall serve a single term of one, two or three years, as provided in\nsuch resolution or local law, commencing on the first day of the\nofficial year following his election in order to provide that village\njustices shall thereafter be elected every two years. The successor of\nsuch justice shall thereafter be elected for a full four year term.\n 3-a. Notwithstanding the provisions of this chapter or any special or\nlocal law to the contrary, the board of trustees of the village of\nSpring Valley, instead of providing for the election of the successor of\nthe village justice in the village of Spring Valley whose term expires\nat noon on the second day of April, nineteen hundred seventy-nine, may,\nby resolution of said board, provide for a single term of eight months\nfor the office of village justice in said village, which term shall\ncommence at noon on the second day of April, nineteen hundred\nseventy-nine, and shall expire at noon on the third day of December,\nnineteen hundred seventy-nine. In such case, the mayor shall appoint a\nvillage justice for such term, subject to approval of the board of\ntrustees. The successor of such justice shall thereafter be elected for\na full four year term.\n 3-b. Notwithstanding the provisions of this chapter or any special or\nlocal law to the contrary, the board of trustees of the village of\nScotia, instead of providing for the election of the successor of the\nvillage justice in the village of Scotia whose term expires at noon on\nthe fifth day of April, nineteen hundred eighty-two, may, by resolution\nof said board, provide for a single term of eight months for the office\nof village justice in said village, which term shall commence at noon on\nthe fifth day of April, nineteen hundred eighty-two, and shall expire at\nnoon on the sixth day of December, nineteen hundred eighty-two. In such\ncase, the mayor shall appoint a village justice for such term, subject\nto approval of the board of trustees. The successor of such justice\nshall thereafter be elected for a full four year term.\n 3-c. Notwithstanding the provisions of this chapter or any special or\nlocal law to the contrary, the board of trustees of the village of\nGouverneur may appoint a village justice to serve from the date of such\nappointment to December seventh, nineteen hundred eighty-seven. A\nsuccessor to such justice shall be elected at the general election to be\nheld in November of nineteen hundred eighty-seven, to hold office for a\nterm of four years to commence on December seventh, nineteen hundred\neighty-seven and to end on December second, nineteen hundred ninety-one.\nThereafter, the election of the village justice in the village of\nGouverneur shall be held at the general election to be held in November\nof the year in which the term of office of such village justice shall\nexpire.\n 3-d. Notwithstanding the provisions of this chapter or any special or\nlocal law to the contrary, the board of trustees of the village of\nPotsdam may appoint a village justice to serve from the date of such\nappointment to December fifth, nineteen hundred eighty-eight. A\nsuccessor to such justice shall be elected at the general election to be\nheld in November of nineteen hundred eighty-eight, to hold office for a\nterm of four years to commence on December fifth, nineteen hundred\neighty-eight and to end on December seventh, nineteen hundred\nninety-two. Thereafter, the election of the village justice in the\nvillage of Potsdam shall be held at the general election to be held in\nNovember of the year in which the term of office of such village justice\nshall expire.\n 3-e. Notwithstanding the provisions of this chapter or any special or\nlocal law to the contrary, the board of trustees of the village of East\nHills, Nassau county, may, by resolution of said board, provide for the\nappointment to the office of village justice in said village, which term\nshall commence at noon on the third day of April, nineteen hundred\neighty-nine, and shall expire at noon on the first Monday in April,\nnineteen hundred ninety-one. In such case, the mayor shall appoint a\nvillage justice for such term, subject to approval of the board of\ntrustees. Thereafter, the election of the village justice in the village\nof East Hills, Nassau county, shall be held at the general election to\nbe held in March, nineteen hundred ninety-one and continuing thereafter,\nthe successor of such justice shall be elected for a four year term of\noffice.\n 3-f. a. Notwithstanding the provisions of this chapter or any special\nor local law to the contrary, the board of trustees of the village of\nMassena, St. Lawrence county, may, by resolution of said board, provide\nfor the appointment to the office of village justice in said village,\nwhich term shall commence at noon on the third day of April, nineteen\nhundred eighty-nine, and shall expire at noon on April second, nineteen\nhundred ninety. In such case, the mayor shall appoint a village justice\nfor such term, subject to approval of the board of trustees. Thereafter,\nthe election of the village justice in the village of Massena, St.\nLawrence county, shall be held at the general election to be held in\nMarch, nineteen hundred ninety, and continuing thereafter, the successor\nof such justice shall be elected for a four year term of office.\n b. Notwithstanding the provisions of this chapter or any special or\nlocal law to the contrary, the board of trustees of the village of\nMassena, St. Lawrence county, may, by resolution of said board, provide\nfor the extension of the current term of office of the village justice\nof said village to expire at noon on December fifth, nineteen hundred\nninety-four. Thereafter, the election of the village justice in the\nvillage of Massena, St. Lawrence county, shall be held at the general\nelection to be held in November, nineteen hundred ninety-four, and\ncontinuing thereafter, the successor of such justice shall be elected\nfor a four year term of office.\n 3-g. Notwithstanding the provisions of this chapter or any special or\nlocal law to the contrary, the board of trustees of the village of Mill\nNeck, Nassau county, may, by resolution of said board, provide for the\nelection to the office of village justice in said village, which term\nshall commence at noon on the first Monday of July, nineteen hundred\nninety-four, and shall expire at noon on the first Monday in July,\nnineteen hundred ninety-seven. In such case, the election of the village\njustice of the village of Mill Neck, Nassau county, for such term, shall\nbe held at the general election to be held on the third Tuesday of June,\nnineteen hundred ninety-four. Thereafter, the election of the village\njustice in the village of Mill Neck, Nassau county, shall be held at the\ngeneral election to be held on the third Tuesday of June, nineteen\nhundred ninety-seven and continuing thereafter, the successor of such\njustice shall be elected for a four year term of office.\n 3-h. Notwithstanding any provisions of this chapter or any other\ngeneral law, ordinance or special act, the village board of trustees of\nthe incorporated village of Greenport in the county of Suffolk may, by\nresolution or local law subject to mandatory referendum, abolish the\noffice of village justice.\n 3-i. Notwithstanding the provisions of this chapter or any special or\nlocal law to the contrary, the board of trustees of the village of\nCanastota, Madison county, may, by resolution of said board, provide for\nthe election to the office of village justice of said village, which\nterm shall commence at noon on the first Monday of April, two thousand\nnine, and shall expire at noon on the first Monday in April, two\nthousand ten. Thereafter, the election of the village justice in the\nvillage of Canastota, Madison county, shall be held at the general\nelection to be held on the third Tuesday of March, two thousand ten and\ncontinuing thereafter, the successor of such justice shall be elected\nfor a four year term of office.\n 4. The terms of office of any other village officer for whom no other\nterm of office is provided in this chapter shall be one official year or\nthe remaining portion thereof; provided, however, that any officer\npermanently appointed to an office classified in the competitive class\nof the civil service shall hold such office for an indeterminate term\nsubject to the provisions of the civil service law.\n 5. Four year terms for mayor and trustees. a. The board of trustees,\nby resolution or local law subject to permissive referendum, may extend\nto four years the term of office of mayor, the terms of office for all\ntrustees, or the terms of office of mayor and all trustees. If such\nresolution or local law shall become effective, the offices, the term or\nterms of which have been extended, shall thereafter, except as is\notherwise provided in subdivision seven of this section, be filled for\nterms of four years commencing at the beginning of the official year\nfollowing the next general village election at which such offices are to\nbe filled. No such resolution or local law, however, shall become\neffective within thirty days prior to a general village election.\n b. The board of trustees of any village which has adopted the four\nyear term of office for mayor, for all trustees, or for mayor and all\ntrustees, by resolution or local law and subject to permissive\nreferendum, may at any time thereafter reduce to two years the term of\noffice of mayor, the term of office of all trustees, or the terms of\noffice of mayor and all trustees. If such resolution or local law shall\nbecome effective, the offices, the term or terms of which have been\nreduced, shall thereafter, except as is otherwise provided in\nsubdivision seven of this section, be filled for terms of two years\ncommencing at the beginning of the official year following the next\ngeneral village election at which such offices are to be filled. No such\nresolution or local law, however, shall become effective within thirty\ndays prior to a general village election.\n 6. Four year terms for treasurer and clerk. a. The board of trustees\nof any village in which a resolution or local law has been adopted\npursuant to the provisions of this section extending the term of office\nof the mayor and trustees to four years, by resolution or local law and\nsubject to permissive referendum, may extend to four years the term or\nterms of office of the treasurer or clerk or both, except that the first\nterm shall be of the required number of years so that it shall expire at\nthe end of the term of office of the mayor then in office. If such\nresolution or local law shall become effective, the offices, the term or\nterms of which have been extended, shall thereafter be filled for terms\nof four years, commencing at the expiration of the term of office of the\ntreasurer or clerk or both in office at the time the resolution or local\nlaw is adopted.\n b. The board of trustees of any village which has adopted the four\nyear term of office for treasurer or clerk or both, by resolution or\nlocal law and subject to permissive referendum may at any time\nthereafter reduce to two years the terms of office of the treasurer or\nclerk or both except that the first term shall be of the required number\nof years so that it shall expire at the end of the term of office of the\nmayor then in office. If such resolution or local law shall become\neffective, the offices, the term or terms of which have been reduced,\nshall thereafter be filled for terms of two years, commencing at the\nexpiration of the term of office of the treasurer or clerk or both in\noffice at the time the resolution is adopted.\n 7. Biennial elections. a. The board of trustees of any village which\nhas provided that the terms of office of all trustees, or the terms of\noffice of mayor and all trustees shall be four years, may, subject to\npermissive referendum, adopt a separate resolution or local law\nproviding that general village elections shall be held biennially in the\nodd numbered years or in the even numbered years, as they shall\ndetermine, or may include in any resolution or local law providing that\nthe terms of office of all trustees, or the terms of office of mayor and\nall trustees shall be four years, a provision that general village\nelections shall be held biennially in the odd numbered years or in the\neven numbered years. No such resolution or local law, however, shall\nbecome effective within thirty days prior to a general village election.\n b. If such resolution or local law shall become effective between a\ngeneral village election in an even numbered year and thirty days prior\nto a general village election in the next odd numbered year and shall\nprovide that general village elections shall be held in the even\nnumbered years, the successor to a police justice, mayor or trustee\nwhose term of office expires in an odd numbered year shall, at the\ngeneral village election preceding the expiration of such term of\noffice, be elected for a single three year term and their successors\nshall thereafter be elected for terms of four years.\n c. If such resolution or local law shall become effective between a\ngeneral village election in an even numbered year and thirty days prior\nto a general village election in the next odd numbered year and shall\nprovide that general village elections shall be held in the odd numbered\nyears, the successor to a police justice, mayor or trustee whose term of\noffice expires in an even numbered year shall, at the general village\nelection preceding the expiration of such term of office, be elected for\na single five year term and their successors shall thereafter be elected\nfor terms of four years.\n d. If such resolution or local law shall become effective between a\ngeneral village election in an odd numbered year and thirty days prior\nto a general village election in the next even numbered year and shall\nprovide that general village elections shall be held in the odd numbered\nyear, the successor to a police justice, mayor or trustee whose term of\noffice expires in an even numbered year shall, at the general village\nelection preceding the expiration of such term of office, be elected for\na single three year term and their successors shall thereafter be\nelected for terms of four years.\n e. If such resolution or local law shall become effective between a\ngeneral village election in an odd numbered year and thirty days prior\nto a general village election in the next even numbered year and shall\nprovide that general village elections shall be held in the even\nnumbered years, the successor to a police justice, mayor or trustee\nwhose term of office expires in an odd numbered year shall, at the\ngeneral village election preceding the expiration of such term of\noffice, be elected for a single five year term and their successors\nshall thereafter be elected for terms of four years.\n f. The board of trustees of any village which has provided that\ngeneral village elections shall be held biennially and shall\nsubsequently provide by resolution or local law adopted pursuant to\nsubdivision five of this section that the terms of office of all\ntrustees, or the terms of office of mayor and all trustees shall be two\nyears, shall also provide in said resolution or local law that general\nvillage elections shall be held annually and shall further provide\ntherein that if the general village elections under the biennial\nelections had been held in the odd numbered years, all trustees, or the\nmayor and all trustees to be elected in the first odd numbered year\nafter the adoption of the resolution or local law shall be elected for a\nsingle three year term and their successors shall thereafter be elected\nfor a term of two years and that all trustees, or the mayor and all\ntrustees to be elected in the second odd numbered year after the\nadoption of the resolution or local law shall be elected for a two year\nterm and their successors shall also be elected for a term of two years.\n g. The board of trustees of any village which has provided that\ngeneral village elections shall be held biennially and shall\nsubsequently provide by resolution or local law adopted pursuant to\nsubdivision five of this section that the terms of office of all\ntrustees, or the terms of office of mayor and all trustees shall be two\nyears shall provide in said resolution or local law that general village\nelections shall be held annually and shall further provide therein that\nif the general village elections under the biennial elections had been\nheld in the even numbered years, all trustees, or the mayor and all\ntrustees to be elected in the first even numbered year after adoption of\nthe resolution or local law shall be elected for a single three year\nterm and their successors shall thereafter be elected for a term of two\nyears and that all trustees, or the mayor and all trustees to be elected\nin the second even numbered year after the adoption of the resolution or\nlocal law shall be elected for a two year term and their successors\nshall also be elected for a term of two years.\n