Bill Text: NY A08272 | 2021-2022 | General Assembly | Amended
Bill Title: Replaces all instances of the words councilman or councilmen with the words council member or council members.
Spectrum: Strong Partisan Bill (Democrat 26-2)
Status: (Passed) 2022-08-17 - signed chap.513 [A08272 Detail]
Download: New_York-2021-A08272-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8272--A 2021-2022 Regular Sessions IN ASSEMBLY August 25, 2021 ___________ Introduced by M. of A. WOERNER, JONES, GALEF, THIELE, SIMON, ABINANTI, MAGNARELLI, L. ROSENTHAL, BARRETT, GRIFFIN, McDONALD, ENGLEBRIGHT, GOTTFRIED, GLICK, STIRPE, BRONSON, ROZIC, DINOWITZ, STECK, KELLES, O'DONNELL, LAWLER, SMITH, LUNSFORD -- read once and referred to the Committee on Local Governments -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general city law, the general municipal law, the public authorities law, the real property law, the town law and the village law, in relation to replacing all instances of the words coun- cilman or councilmen with the words council member or council members The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3 of the general city law, as amended by chapter 2 946 of the laws of 1964, is amended to read as follows: 3 § 3. Members of common council; appointments to other city offices. 4 No member of the common council of any city shall, during the period for 5 which [he was] they were elected, be capable of holding under the 6 appointment or election of the common council any office the emoluments 7 of which are paid from the city treasury, or paid by fees or compen- 8 sation directed to be paid by any act or ordinance of the common coun- 9 cil, but this section shall not affect the right to any fees or emolu- 10 ments belonging to any office, provided, however, that in any city 11 having a city manager or council-manager form of government in which a 12 mayor and vice-mayor may be elected or appointed from the membership of 13 its council, such mayor and vice-mayor may, in addition to the emolu- 14 ments received as [councilman] council member, receive compensation for 15 their services from the city treasury as mayor and vice-mayor. An offi- 16 cer of any city who violates any provision of this section shall be 17 guilty of a misdemeanor and on conviction thereof [his] their office 18 shall be vacant. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11989-02-1A. 8272--A 2 1 § 2. Subdivision 2 of section 88-a of the general municipal law, as 2 separately amended by chapters 166 and 603 of the laws of 1979, is 3 amended to read as follows: 4 2. In cities such board shall consist of the mayor, corporation coun- 5 sel and such [councilmen] council members as may be designated by the 6 council and in counties such board shall consist of the [chairman] chair 7 of the board of supervisors and such members thereof as shall be chosen 8 by the board. In towns such board shall consist of the town supervisor 9 and such members as the town council shall designate. In villages such 10 board shall consist of the mayor and members designated by the board of 11 trustees. In school districts, such board shall consist of the president 12 of the board of education and such members thereof as shall be chosen by 13 the board of education. In boards of cooperative educational services, 14 such board shall consist of the president of the board of cooperative 15 educational services and such members thereof as shall be chosen by the 16 board of cooperative educational services. 17 § 3. Section 572 of the general municipal law, as amended by chapter 18 805 of the laws of 1964, is amended to read as follows: 19 § 572. Binghamton urban renewal agency. A municipal urban renewal 20 agency, to be known as the Binghamton urban renewal agency, is hereby 21 established for the accomplishment of any or all of the purposes speci- 22 fied in articles fifteen and fifteen-A of this chapter and in accordance 23 with article eighteen of the constitution of the state of New York. It 24 shall constitute a body corporate and politic, be perpetual in duration 25 and consist of seven members including the mayor, the comptroller, the 26 corporation counsel, city engineer, commissioner of public works and two 27 members of the council of the city of Binghamton, provided however, that 28 not more than one of such [councilmen] council members shall be of the 29 same political party. It shall have the powers and duties now or here- 30 after conferred by article fifteen-A of this chapter upon municipal 31 renewal agencies. It shall be organized in the manner prescribed by and 32 be subject to the provisions of article fifteen-A of this chapter and 33 the agency, its members, officers and employees and its operations and 34 activities shall in all respects be governed by the provisions of such 35 article. 36 § 4. Section 581 of the general municipal law, as added by chapter 196 37 of the laws of 1969, is amended to read as follows: 38 § 581. Rochester urban renewal agency. A municipal urban renewal agen- 39 cy, to be known as the Rochester urban renewal agency, is hereby estab- 40 lished for the accomplishment of any or all of the purposes specified in 41 articles fifteen and [fifteen-a] fifteen-A of this chapter and in 42 accordance with article eighteen of the constitution of the state of New 43 York. It shall constitute a body corporate and politic, be perpetual in 44 duration and consist of the nine [councilmen] council members of the 45 city of Rochester, including the mayor who shall be [chairman] chair. 46 It shall have the powers and duties now or hereafter conferred by arti- 47 cle [fifteen-a] fifteen-A of this chapter upon municipal urban renewal 48 agencies. It shall be organized in the manner prescribed by and be 49 subject to the provisions of article [fifteen-a] fifteen-A of this chap- 50 ter and the agency, its members, officers and employees and its oper- 51 ations and activities shall in all respects be governed by the 52 provisions of such article. 53 § 5. Section 593 of the general municipal law, as amended by chapter 54 351 of the laws of 1965, is amended to read as follows: 55 § 593. Niagara Falls urban renewal agency. A municipal urban renewal 56 agency, to be known as the Niagara Falls urban renewal agency, is herebyA. 8272--A 3 1 established for the accomplishment of any or all of the purposes speci- 2 fied in articles fifteen and fifteen-A of this chapter and in accordance 3 with article eighteen of the constitution of the state of New York. It 4 shall constitute a body corporate and politic, shall be perpetual in 5 duration, and shall consist of the mayor and all of the [councilmen] 6 council members of the city of Niagara Falls, together with four members 7 to be appointed by the mayor with the concurring approval of the city 8 council. It shall have the powers and duties now or hereafter conferred 9 by article fifteen-A of this chapter upon municipal renewal agencies. It 10 shall be organized in the manner prescribed by and be subject to the 11 provisions of article fifteen-A of this chapter and the agency, its 12 members, officers and employees and of its operations and activities 13 shall in all respects be governed by the provisions of such article. 14 § 6. Section 616 of the general municipal law, as added by chapter 433 15 of the laws of 1965, is amended to read as follows: 16 § 616. Utica urban renewal agency. An urban renewal agency, to be 17 known as the Utica urban renewal agency, is hereby established for the 18 accomplishment of any or all of the purposes specified in articles 19 fifteen and fifteen-A of the chapter and in accordance with article 20 eighteen of the constitution of the state of New York. It shall consti- 21 tute a body, corporate and politic, be perpetual in duration and consist 22 of seven members, including the mayor, who shall be [chairman] chair, 23 the city engineer, the [chairman] chair of the city planning board, all 24 of whose terms shall expire with the term of the mayor, two citizen 25 electors, appointed by and to serve at the pleasure of the mayor and two 26 members of the common council, appointed by the council, who shall not 27 be of the same political party and each of whom shall serve until the 28 expiration of [his] their term of office as [councilman] council member. 29 The treasurer of the agency shall be the comptroller who shall not be a 30 member of the agency. It shall have the powers and duties now or here- 31 after covered by article fifteen-A of this chapter upon municipal 32 renewal agencies. It shall be organized in the manner prescribed by and 33 be subject to the provisions of article fifteen-A of this chapter and 34 the agency, its members, officers and employees and its operations and 35 activities shall in all respects be covered by the provisions of such 36 article. 37 § 7. Section 629 of the general municipal law, as added by chapter 56 38 of the laws of 1966, is amended to read as follows: 39 § 629. Elmira urban renewal agency. An urban renewal agency, to be 40 known as the Elmira urban renewal agency, is hereby established for the 41 accomplishment of any or all of the purposes specified in articles 42 fifteen and fifteen-A of this chapter and in accordance with article 43 eighteen of the constitution of the state of New York. It shall consti- 44 tute a body corporate and politic, be perpetual in duration and consist 45 of the mayor, the six [councilmen] council members and the city manager 46 in an ex-officio capacity. It shall have the powers and duties now or 47 hereafter conferred by article fifteen-A of this chapter upon municipal 48 renewal agencies. It shall be organized in the manner prescribed by and 49 subject to the provisions of article fifteen-A of this chapter and the 50 agency, its members, officers and employees and its operations and 51 activities shall in all respects be covered by the provisions of such 52 article. 53 § 8. Section 654 of the general municipal law, as amended by chapter 54 573 of the laws of 1977, is amended to read as follows: 55 § 654. Huntington community development agency. A community develop- 56 ment agency, to be known as the Huntington community development agency,A. 8272--A 4 1 is hereby established for the accomplishment of any or all of the 2 purposes specified in articles fifteen and fifteen-A of this chapter and 3 in accordance with article eighteen of the constitution of the state of 4 New York. It shall constitute a body corporate and politic, be perpetual 5 in duration and consist of five members, including the supervisor, who 6 shall be its [chairman] chair, and the four town [councilmen] council 7 members, or their respective successors in office. It shall have the 8 powers and duties now or hereafter conferred by article fifteen-A of 9 this chapter upon municipal renewal agencies. It shall be organized in 10 the manner prescribed by and be subject to the provisions of article 11 fifteen-A of this chapter and the agency, its members, officers and 12 employees and its operations and activities shall in all respects be 13 governed by the provisions of such article. 14 § 9. Section 680-c of the general municipal law, as added by chapter 15 480 of the laws of 1982, is amended to read as follows: 16 § 680-c. Town of Riverhead community development agency. For the bene- 17 fit of the town of Riverhead and the inhabitants thereof, a community 18 development agency, to be known as the TOWN OF RIVERHEAD COMMUNITY 19 DEVELOPMENT AGENCY, is hereby established for the accomplishment of any 20 or all of the purposes specified in articles fifteen and fifteen-A of 21 this chapter. It shall constitute a body corporate and politic, and be 22 perpetual in duration. It shall have the powers and duties now or here- 23 after conferred by articles fifteen and fifteen-A of this chapter upon 24 community development agencies and provided that the exercise of the 25 powers by such agency with respect to the acquisition of real property 26 whether by purchase, condemnation or otherwise, shall be limited to the 27 corporate limits of the town of Riverhead, and such agency shall take 28 into consideration the local zoning and planning regulations as well as 29 the regional and local comprehensive land use plans. It shall be organ- 30 ized in a manner prescribed by and be subject to the provisions of arti- 31 cles fifteen and fifteen-A of this chapter. Its members shall consist of 32 the supervisor of the town of Riverhead, who shall be its [chairman] 33 chair and the four [councilmen] council members of the town of River- 34 head. The agency, its members, officers and employees and its operations 35 and activities shall in all respects be governed by the provisions of 36 articles fifteen and fifteen-A of this chapter. 37 § 10. Subdivision 1 of section 1120-c of the public authorities law, 38 as amended by chapter 564 of the laws of 1999, is amended to read as 39 follows: 40 1. A public corporation to be known as the Clifton Park water authori- 41 ty, is hereby created for the public purposes and charged with the 42 duties and having the powers provided in this title. The authority shall 43 be a body corporate and politic constituting a public benefit corpo- 44 ration, the objects of which in the judgment of the legislature cannot 45 be attained under general laws. The authority shall be governed by a 46 board of five members, who shall be residents of the town of Clifton 47 Park and be appointed by the Clifton Park town board. The first members 48 shall be appointed for the following terms of office: the two most 49 junior [councilmen or councilwomen] council members on the town board 50 shall each appoint one member for a term ending on December thirty-first 51 of the third year following the year in which this title shall have 52 become law; the other two [councilmen or councilwomen] council members 53 on the town board shall each appoint one member for a term ending on 54 December thirty-first of the fourth year following the year in which 55 this title shall have become law; and the town supervisor shall appoint 56 a member for a term ending on December thirty-first of the fifth yearA. 8272--A 5 1 following the year in which this title shall have become law. No elected 2 officials shall be members of the water authority. Subsequent appoint- 3 ments of members shall be made by a vote of the majority of the members 4 of the town board for a term of five years ending in each case on Decem- 5 ber thirty-first of the last year of such term. All members shall 6 continue to hold office until their successors are appointed and quali- 7 fy. In no event shall more than three members belong to the same poli- 8 tical party. Vacancies shall be filled in the manner provided for subse- 9 quent appointments. Vacancies, occurring otherwise than by expiration of 10 term of office, shall be filled for the unexpired terms. Members may be 11 removed from office for the same reasons and in the same manner as may 12 be provided by law for the removal of officers of the town. They shall 13 receive no reimbursement for the ordinary expenses of attending meet- 14 ings, but may by resolution of the authority be allowed their expenses 15 of a special or extraordinary nature. 16 § 11. Subdivision 3 of section 298 of the real property law, as 17 amended by chapter 978 of the laws of 1957, is amended to read as 18 follows: 19 3. Before a justice of the peace, town [councilman] council member, 20 village police justice or a judge of any court of inferior local juris- 21 diction, anywhere within the county containing the town, village or city 22 in which [he is] they are authorized to perform official duties. 23 § 12. Subdivision 1 of section 310 of the real property law, as 24 amended by chapter 978 of the laws of 1957, is amended to read as 25 follows: 26 1. When a certificate of acknowledgment or proof is made, within this 27 state, by a commissioner of deeds, a justice of the peace, town [coun-28cilman] council member, village police justice, or a judge of any court 29 of inferior local jurisdiction, such certificate does not entitle the 30 conveyance so acknowledged or proved to be read in evidence or recorded 31 in any county of this state except a county in which the officer making 32 such certificate is authorized to act at the time of making the same, 33 unless such certificate is authenticated by a certificate of the clerk 34 of such county; provided, however, that all certificates of [acknowl-35ledgment] acknowledgment or proof, made by a commissioner of deeds of 36 the city of New York residing in any part therein, shall be authenticat- 37 ed by the clerk of any county within said city, in whose office such 38 commissioner of deeds shall have filed a certificate under the hand and 39 seal of the city clerk of said city, showing the appointment and term of 40 office of such commissioner; and no other certificates shall be required 41 from any other officer to entitle such conveyance to be read in evidence 42 or recorded in any county of this state. 43 § 13. Subparagraphs 1, 2 and 3 of paragraph (b) of subdivision 2 and 44 subdivision 6 of section 11 of the town law, as amended by chapter 738 45 of the laws of 1960, are amended to read as follows: 46 (1) In a town which has two justices of the peace and two town [coun-47cilmen] council members and the term of one of such justices of the 48 peace and one of such town [councilmen] council members expires on 49 December thirty-first following such election, one justice of the peace 50 for a term of four years, two town [councilmen] council members for 51 terms of four years each, and one town [councilman] council member for a 52 term of two years; 53 (2) In a town which has two justices of the peace and two town [coun-54cilmen] council members and the term of office of both such justices of 55 the peace expires on December thirty-first following such election, twoA. 8272--A 6 1 justices of the peace for terms of four years each, and two town [coun-2cilmen] council members for terms of four years each; 3 (3) In a town which has two justices of the peace and two town [coun-4cilmen] council members and the term of office of both such town [coun-5cilmen] council members expires on December thirty-first following such 6 election, two town [councilmen] council members for terms of four years 7 each, and two town [councilmen] council members for terms of two years 8 each. 9 6. Town board. On and after the effective date of the change of clas- 10 sification of such town, the supervisor and the town [councilmen] coun- 11 cil members shall constitute the town board thereof. Such town board 12 shall have all the powers and be subject to all the duties of a town 13 board of a town of the first class. 14 § 14. Paragraph (b) of subdivision 4 and subdivision 8 of section 12 15 of the town law, paragraph (b) of subdivision 4 as amended by chapter 16 185 of the laws of 1957 and subdivision 8 as added by chapter 85 of the 17 laws of 1942, are amended to read as follows: 18 (b) In addition to the officers specified in the preceding paragraph, 19 there shall also be elected at such biennial town election in a town 20 which has four or more justices of the peace but no town [councilman] 21 council member on the first day of July immediately preceding such 22 election: one justice of the peace for a term of four years, two town 23 [councilmen] council members for terms of four years each, and two town 24 [councilmen] council members for terms of two years each. 25 Any such town which on the first day of July preceding said biennial 26 town election has three justices of the peace and one town [councilman] 27 council member, shall elect at said biennial town election one justice 28 of the peace for a term of four years, two town [councilmen] council 29 members for terms of four years each and one town [councilman] council 30 member for a term of two years, in addition to the officers specified in 31 paragraph (a) of this subdivision. 32 Any such town which on the first day of July preceding said biennial 33 town election has two justices of the peace and two town [councilmen] 34 council members and the term of one of such justices of the peace and of 35 one of such town [councilmen] council members expires on December thir- 36 ty-first following such election, shall elect at such election one 37 justice of the peace for a term of four years, two town [councilmen] 38 council members for terms of four years each and one town [councilman] 39 council member for a term of two years, in addition to the officers 40 specified in paragraph (a) of this subdivision. 41 Any such town which on the first day of July preceding said biennial 42 town election has two justices of the peace and two town [councilmen] 43 council members and the term of office of both such justices of the 44 peace expires on December thirty-first following such election, shall 45 elect at such election two justices of the peace for terms of four years 46 each and two town [councilmen] council members for terms of four years 47 each, in addition to the officers specified in paragraph (a) of this 48 subdivision. 49 Any such town which on the first day of July preceding said biennial 50 town election has two justices of the peace and two town [councilmen] 51 council members and the term of office of both such town [councilmen] 52 council members expires on December thirty-first following such 53 election, shall elect at such election two town [councilmen] council 54 members for terms of four years each and two town [councilmen] council 55 members for terms of two years each, in addition to the officers speci- 56 fied in paragraph (a) of this subdivision.A. 8272--A 7 1 8. Town board. On and after the effective date of the change of clas- 2 sification of such town, the supervisor and the town [councilmen] coun- 3 cil members shall constitute the town board thereof. Such town board 4 shall have all the powers and be subject to all the duties of a town 5 board of a town of the first class. 6 § 15. Paragraphs (b) and (c) of subdivision 1, and subdivisions 5 and 7 5-a of section 20 of the town law, paragraph (b) of subdivision 1 as 8 amended by chapter 688 of the laws of 2002, paragraph (c) of subdivision 9 1 as added by chapter 558 of the laws of 1963, subdivision 5 as added by 10 chapter 751 of the laws of 1933 and subdivision 5-a as added by chapter 11 703 of the laws of 1972, are amended to read as follows: 12 (b) Except as otherwise provided by law, every town of the second 13 class shall have a supervisor, two justices of the peace, two town 14 [councilmen] council members, a town clerk, a town superintendent of 15 highways, three assessors, a collector, and, if there be no town police 16 department, as many constables as the town board may determine neces- 17 sary. In any such town in which a town police department has been estab- 18 lished pursuant to law, the town board may appoint not more than four 19 civil officers who shall possess all the powers and duties of constables 20 in civil actions and proceedings only, except that the town board of the 21 town of Southold, county of Suffolk, may appoint four additional consta- 22 bles, who shall possess all the powers and duties of constables in civil 23 and criminal actions and proceedings, solely for the benefit of Fishers 24 Island located in such town; provided, however, that nothing in this 25 paragraph shall be deemed to authorize such constables to carry, repair 26 or dispose of a firearm unless the appropriate license therefore has 27 been issued pursuant to section 400.00 of the penal law; and shall be 28 paid no salary by the town board but shall be entitled to collect the 29 statutory fees allowed by law in such civil actions and proceedings. 30 Every town of the second class may have in addition such other employees 31 as the town board may determine necessary for the proper conduct of the 32 affairs of the town. The supervisor, justices of the peace, town [coun-33cilmen] council members, town clerk, town superintendent of highways, 34 assessors and collector in every such town shall be elected. All other 35 town officers and employees in such a town shall be appointed by the 36 town board, except as otherwise provided by law. Provided, however, that 37 in a town having less than three hundred inhabitants according to the 38 latest federal census and having a taxable property valuation of less 39 than one hundred thousand dollars according to the latest assessment 40 roll, there shall be elected one justice of the peace for a term of four 41 years and one assessor for a term of two years, but no town [councilman] 42 council member. Successors to such officers shall be elected for like 43 terms at the biennial town election prior to the expiration of their 44 terms of office. The clerk of the court of a town shall be employed and 45 discharged from employment only upon the advice and consent of the town 46 justice or justices. 47 (c) Notwithstanding the provisions of this section or the provisions 48 of any other general or special law, in the town of Smithtown in the 49 county of Suffolk, a proposition calling for the abolition of the office 50 of justice of the peace within such town, as authorized by chapter two 51 hundred seventy-eight of the laws of nineteen hundred fifty-eight, as 52 amended by chapter eight hundred eleven of the laws of nineteen hundred 53 sixty-two, constituting the Suffolk county charter, having been submit- 54 ted to the electors of such town at the general election held in nine- 55 teen hundred sixty-two and having at such election received a majority 56 of affirmative votes, the justices of the peace holding office in suchA. 8272--A 8 1 town at the time of such vote shall continue in office until the end of 2 the respective terms for which they were elected. At the general 3 election immediately preceding the expiration of the term of the justice 4 of the peace in such town whose term shall first expire an additional 5 town [councilman] council member shall be elected, and at the general 6 election preceding the expiration of the term of the justice of the 7 peace in such town whose term shall be the second such term to expire 8 another additional town [councilman] council member shall be elected, so 9 that thereafter such town shall have four town [councilmen] council 10 members. Each town [councilman] council member so elected shall be 11 elected for a term of four years and shall hold office during such term. 12 5. The term "officer" and/or "officers" whenever used in this chapter 13 shall include the incumbents of the offices of supervisor, [councilman] 14 council member, town clerk, justice of the peace, superintendent of 15 highways, assessor, receiver of taxes and assessments and collector, or 16 any of them. 17 5-a. The terms "[councilman] council member" and "[councilmen] council 18 members" whenever used in this chapter shall include all persons [of the19male and female gender and those of the female gender shall be known and20designated as "councilwoman" and "councilwomen"] eligible to hold such 21 office. 22 § 16. The opening paragraph of section 24 of the town law, as amended 23 by chapter 293 of the laws of 1993, is amended to read as follows: 24 All elective officers other than town [councilmen] council members, 25 town justices, receivers of taxes and assessors shall hold their respec- 26 tive offices for two years. The terms of office of the town [councilmen] 27 council members first elected after this chapter shall take effect and 28 of the town [councilmen] council members first elected in a town which 29 shall have changed its classification from that of a town of the second 30 class to that of a town of the first class, shall be two years each for 31 two town [councilmen] council members and four years each for two town 32 [councilmen] council members, and thereafter at each biennial town 33 election there shall be elected two town [councilmen] council members 34 for terms of four years each. 35 § 17. Section 24-b of the town law, as added by chapter 888 of the 36 laws of 1969, is amended to read as follows: 37 § 24-b. Election of [councilmen] council members and town justices in 38 the town of Pawling. Notwithstanding the provisions of section twenty- 39 four of this article or any other general or special law, the town board 40 of the town of Pawling in Dutchess county, may by a resolution adopted 41 at least ninety days prior to the general election to be held in Novem- 42 ber of nineteen hundred sixty-nine, provide that at the general election 43 to be held in November of nineteen hundred sixty-nine, one town [coun-44cilman] council member be elected for a term of two years and one town 45 [councilman] council member be elected for a term of four years and 46 thereafter at each biennial town election there shall be elected one 47 town [councilman] council member for a term of four years. Such resol- 48 ution may also provide that at the general election to be held in Novem- 49 ber of nineteen hundred sixty-nine, one town justice be elected for a 50 term of four years and thereafter at each biennial town election there 51 shall be elected one town justice for a term of four years. 52 § 18. Section 60 of the town law, as added by chapter 739 of the laws 53 of 1976, subdivision 2 as amended by chapter 123 of the laws of 1981, is 54 amended to read as follows: 55 § 60. Town board constituted. 1. In every town the supervisor and the 56 town [councilmen] council members shall constitute the town board andA. 8272--A 9 1 shall be vested with all the powers of such a town and shall possess and 2 exercise all the powers and be subject to all the duties now or hereaft- 3 er imposed by law upon town boards and town boards of health within such 4 towns; but it is not intended to extend the power of said boards or 5 officers within the limits of any incorporated village or city, or in 6 any manner to abridge or interfere with the power and authority of the 7 officers of any such village or city within its corporate limits, except 8 as otherwise provided by law. 9 2. In any town in which a town justice serves as a member of the town 10 board, such town justice shall continue to serve as a member of the town 11 board until the expiration of [his] their term. Thereafter any town 12 justice shall not be a member of the town board and a town [councilman] 13 council member shall be elected as a member of such town board in place 14 of such town justice except as otherwise provided by the town board by 15 resolution adopted pursuant to the provisions of section sixty-a of this 16 [chapter] article. 17 § 19. Section 60-a of the town law, as added by chapter 739 of the 18 laws of 1976, subdivision 2 as amended by chapter 123 of the laws of 19 1981, is amended to read as follows: 20 § 60-a. Removal of town justices from town board. 1. Notwithstanding 21 any provision of this chapter or any other law to the contrary, in any 22 town in which a town justice serves as a member of the town board, a 23 vacancy shall be created and is hereby created on the town board upon 24 the expiration of the term of office of such justice and the membership 25 of such town board shall consist of a town supervisor and town [council-26men] council members and the vacancy on such town board created by the 27 expiration of the term of the town justice shall be filled at the gener- 28 al election preceding the expiration of the term of such justice by the 29 election of a town [councilman] council member, unless the office of 30 town [councilman] council member does not exist in such town. In the 31 event the town board determines that [councilmen] council members should 32 be elected biennially and in order to so provide, it is necessary that 33 such [councilman] council member be elected for a single one year term 34 or a single three year term, such town board may, by resolution provide 35 that the town [councilman] council member elected to fill the vacancy 36 created by the expiration of the term of town justice as town board 37 member, shall be first elected for a single one or three year term as 38 provided in such resolution and [his] their successors shall thereafter 39 be elected for four year terms. 40 Notwithstanding the provisions of this section, or any other law to 41 the contrary, which provides that a town justice shall not constitute a 42 member of the town board, such office of town justice shall continue and 43 such town justice shall have all the powers and duties of a town justice 44 as defined by the uniform justice court act and as otherwise provided by 45 law. Such town justices shall continue to be elected as town justices 46 except that such town justices shall not constitute members of the town 47 board. 48 2. In the event the town board determines that it will be in the best 49 interests of the town, such town board may, by the adoption of a resol- 50 ution, subject to permissive referendum, reduce the number of [council-51men] council members or town justices and provide that the term of such 52 town [councilman] council member first elected shall be for a single two 53 or four year term in order to provide for biennial town elections and 54 [his] their successor shall thereafter be elected for four year terms. 55 In no event shall any town board constitute less than two town [council-56men] council members and the supervisor. The town board of any town inA. 8272--A 10 1 which the number of [councilmen] council members or justices has been 2 reduced pursuant to this subdivision, may adopt a resolution, subject to 3 permissive referendum, restoring one or two of the offices of [council-4men] council members or town justices previously reduced, provided, 5 however, that the total number of town justices for such town including 6 the restored offices, shall not exceed the number provided in subdivi- 7 sion one of section twenty of this chapter. Such resolution shall 8 provide for a two or four year term for the restored office of [council-9man] council member in order to provide for biennial town elections, and 10 [his] their successor shall thereafter be elected for four year terms. 11 The election of a [councilman] council member or town justice to the 12 restored office shall take place at the biennial town election next 13 succeeding the effective date of such resolution, for a term of office 14 commencing January first following the election. 15 § 20. Subdivision 2 of section 81 of the town law, paragraph (b) as 16 amended by chapter 751 of the laws of 1933, paragraph (c) as amended by 17 chapter 812 of the laws of 1935, and paragraph (d) as added by chapter 18 374 of the laws of 1940, is amended to read as follows: 19 2. In any town of the first class: 20 (a) To increase the number of [councilmen] council members from four 21 to six. 22 (b) To establish or abolish the ward system for the election of [coun-23cilmen] council members in towns having four or six [councilmen] council 24 members. 25 (c) To decrease the number of [councilmen] council members from four 26 to two. 27 (d) To increase the number of [councilmen] council members from two to 28 four. 29 § 21. Section 85 of the town law is amended to read as follows: 30 § 85. Ward system for election of [councilmen] council members. 1. 31 Whenever a proposition shall have been adopted in a town of the first 32 class for the establishment of the ward system and the election there- 33 after of one [councilman] council member from each ward, the board of 34 elections of the county in which such town is situate shall divide the 35 town into four wards and fix the boundaries thereof, unless a proposi- 36 tion shall have been adopted to increase the number of [councilmen] 37 council members from four to six, in which instance, the board of 38 elections shall divide the town into six wards and fix the boundaries 39 thereof. In so dividing the town into wards, no town election district 40 shall be divided and no election district thereafter created under the 41 election law shall contain parts of two or more wards. So far as possi- 42 ble the division shall be so made that the number of voters in each ward 43 shall be approximately equal. When the board of elections shall have 44 finally determined the boundaries of the wards, they shall cause a map 45 of the town to be prepared showing in detail the location of each ward 46 and the boundaries thereof. The original map so made shall be filed in 47 the office of the town clerk and copies thereof shall be filed in the 48 offices of the county clerk and the board of elections of the county. 49 The ward system shall be deemed established after such filing is 50 complete. After a ward system shall have been so established, the term 51 of office of every town [councilman] council member shall terminate on 52 the thirty-first day of December next succeeding the first biennial town 53 election held not less than one hundred twenty days after the establish- 54 ment of such ward system, and at such biennial town election, and every 55 biennial town election thereafter, one resident elector of each ward 56 shall be elected as [councilman] council member therefrom for a term ofA. 8272--A 11 1 two years beginning on the first day of January next succeeding such 2 election. 3 2. The ward system may be abolished upon the adoption of a proposition 4 therefor at any special or biennial town election. At the first biennial 5 town election held at least one hundred twenty days after the adoption 6 of a proposition to abolish the ward system for election of [councilmen] 7 council members, the electors of the town shall elect one-half of the 8 total number of town [councilmen] council members for the term of two 9 years each and one-half of the total number of town [councilmen] council 10 members for the term of four years each. At each biennial town election 11 held thereafter there shall be elected one-half of the total number of 12 town [councilmen] council members for the term of four years each. The 13 terms of all such [councilmen] council members shall begin on the first 14 day of January next succeeding the date of their election. 15 § 22. Section 87 of the town law, as amended by chapter 374 of the 16 laws of 1940, is amended to read as follows: 17 § 87. Increase or decrease of number of [councilmen] council members. 18 1. Whenever a proposition shall have been adopted in a town of the first 19 class which shall not have established the ward system, to increase the 20 number of [councilmen] council members from four to six, party nomi- 21 nations for town [councilmen] council members may be made and designat- 22 ing petitions filed and four town [councilmen] council members shall be 23 elected at the first biennial town election held at least one hundred 24 fifty days thereafter, three for a term of four years each and one for a 25 term of two years and thereafter at each biennial town election in such 26 town there shall be elected three town [councilmen] council members for 27 the term of four years each, in the same manner as other elective town 28 officers in such town. The term of office of each such [councilman] 29 council member shall begin on the first day of January next succeeding 30 the election at which [he was] they were elected. 31 2. Whenever a proposition shall have been adopted in a town of the 32 first class which shall not have established the ward system, to 33 increase the number of [councilmen] council members from two to four, 34 party nominations for town [councilmen] council members may be made and 35 designating petitions filed and three town [councilmen] council members 36 shall be elected at the first biennial town election held at least one 37 hundred fifty days thereafter, two for terms of four years each and one 38 for a term of two years, and thereafter at each biennial town election 39 in such town, there shall be elected two town [councilmen] council 40 members for terms of four years each, in the same manner as other elec- 41 tive town officers in such town. The term of office of each such town 42 [councilman] council member shall begin on the first day of January next 43 succeeding the election at which [he was] they were elected. 44 3. Whenever a proposition shall have been adopted in a town of the 45 first class to reduce the number of [councilmen] council members from 46 four to two, no town [councilmen] council members shall be elected at 47 the first biennial town election held at least one hundred fifty days 48 after the adoption of such proposition. Party nominations for town 49 [councilmen] council members may be made and designating petitions filed 50 and two town [councilmen] council members shall be elected at the bien- 51 nial town election next succeeding the biennial town election at which 52 no town [councilmen] council members are elected, one for a term of two 53 years and one for a term of four years and thereafter at each biennial 54 town election in such town there shall be elected one town [councilman] 55 council member for a term of four years, in the same manner as other 56 elective town officers in such town. The term of office of each suchA. 8272--A 12 1 [councilman] council member shall begin on the first day of January next 2 succeeding the election at which [he was] they were elected. 3 § 23. The section heading, and subdivisions 1, 2 and 3 of section 88 4 of the town law, the section heading and subdivisions 2 and 3 as amended 5 by chapter 751 of the laws of 1954 and subdivision 1 as amended by chap- 6 ter 561 of the laws of 1955, are amended to read as follows: 7 Reduction of number of justices of the peace and election of town 8 [councilmen] council members. 1. Except in the town of Hector in the 9 county of Schuyler, and except as hereinafter provided, in any town of 10 the second class having more than two justices of the peace there shall 11 be elected at the next biennial town election occurring after this act 12 shall take effect and at every biennial town election held in such town 13 thereafter, one justice of the peace and one town [councilman] council 14 member for a term of four years each to begin on the first day of Janu- 15 ary next succeeding the election at which such officers were elected. 16 During the period between the first day of January next succeeding the 17 biennial town election at which the first town [councilman] council 18 member shall be so elected and the first day of January next succeeding 19 the biennial town election at which a second town [councilman] council 20 member shall be elected, the supervisor, the justices of the peace and 21 the town [councilman] council member of such town shall constitute the 22 town board thereof. On and after the first day of January next succeed- 23 ing the biennial town election at which the second town [councilman] 24 council member shall be elected, the supervisor, the two justices of the 25 peace and the two town [councilmen] council members shall constitute 26 such town board. Nothing herein contained shall be construed to abridge 27 the term of a justice of the peace heretofore elected in any town. 28 2. Notwithstanding the provisions of subdivision one of this section, 29 the town board of any town of the second class to which this section 30 shall apply may, by resolution, direct that at the first biennial town 31 election held after this act shall take effect, there shall be elected 32 two town [councilmen] council members (but no justices of the peace 33 except to fill a vacancy) for a term of four years each to begin on the 34 first day of January next succeeding the election at which such officers 35 were elected, instead of one justice of the peace and one town [council-36man] council member; and on and after the first day of January next 37 succeeding the biennial town election at which such town [councilmen] 38 council members shall be so elected the supervisor, the justices of the 39 peace and the two town [councilmen] council members of such town shall 40 constitute the town board thereof. At each biennial election at which no 41 town [councilmen] council members are elected (except to fill a vacancy) 42 two justices of the peace shall be elected for a term of four years each 43 beginning on the first day of January next succeeding such election. 44 3. Notwithstanding the provisions of subdivision one of this section, 45 the town board of any town of the second class to which this section 46 shall apply may, by resolution, direct that at the first biennial town 47 election held after this act shall take effect, there shall be elected 48 two justices of the peace for a term of four years each to begin on the 49 first day of January next succeeding the election at which such officers 50 were elected, instead of one justice of the peace and one town [council-51man] council member; and on and after the first day of January next 52 succeeding the biennial town election at which such justices of the 53 peace shall be so elected the supervisor and the justices of the peace 54 shall constitute the town board thereof. At the next biennial election 55 thereafter, two town [councilmen] council members shall be elected for a 56 term of four years each, in place of the two justices of the peace whoseA. 8272--A 13 1 terms shall next expire, and the town board shall thereafter consist of 2 the supervisor, two justices of the peace and two town [councilmen] 3 council members. 4 § 24. Section 325 of the town law is amended to read as follows: 5 § 325. Application of article. The villages and cities of this state 6 shall be considered towns for the purpose of construing provisions of 7 this article relating to strays; and the trustees of the village and the 8 [aldermen] alderpersons, [councilmen] council members or members of the 9 legislative body of the city shall be fence viewers therein for such 10 purposes. 11 § 25. Subdivision 3-a, paragraphs 1, 2, 5, 6 and 7 of subdivision 5-a, 12 and subdivision 13 of section 341 of the town law, subdivisions 3-a and 13 13 as added by chapter 751 of the laws of 1933, paragraphs 1, 2, 5 and 6 14 of subdivision 5-a as added by chapter 859 of the laws of 1939, and 15 paragraph 7 of subdivision 5-a as added by chapter 243 of the laws of 16 1940, are amended to read as follows: 17 3-a. Not later than June fifteenth, nineteen hundred thirty-three the 18 town board of any town which is to be in the first class may adopt a 19 resolution that the number of [councilmen] council members to be elected 20 shall be reduced from four to two, which resolution shall be subject to 21 referendum as herein provided. Within four days after the adoption of 22 any such resolution, the town clerk shall cause copies thereof to be 23 posted in ten public places of the town, with a statement of the date of 24 its adoption. Within fourteen days after the adoption of such resol- 25 ution, a petition may be filed requiring that such resolution be submit- 26 ted to the electors of the town, for their approval. The form of the 27 question to be submitted thereon shall be "Shall the resolution of the 28 town board of the town of ............., that the number of [councilmen] 29 council members to be elected be reduced from four to two, be approved?" 30 If no such resolution shall have been adopted within the time above 31 provided, a petition may be filed not later than June twenty-nine, nine- 32 teen hundred thirty-three, requiring the submission to such electors of 33 the proposition "Shall the resolution of the town board of the town of 34 ............., that the number of [councilmen] council members to be 35 elected be reduced from four to two, be approved?" A petition for any of 36 the above propositions shall be filed with the town clerk and shall be 37 signed and duly acknowledged by at least one hundred electors of the 38 town. The question or proposition for which the petition shall have been 39 filed shall be submitted by the town board at a special town meeting to 40 be held at a time, not later than August first, nineteen hundred thir- 41 ty-three and at such place or places in the town as may be fixed by the 42 town board. Notice of the meeting shall be given, such meeting held and 43 the votes canvassed and results certified and returned in the manner 44 provided by the provisions of the town law relating to special town 45 meetings, as in force immediately prior to the taking effect of this 46 section. Every elector of the town shall be entitled to vote at such 47 meeting. If the town board shall have adopted such a resolution and no 48 petition shall have been filed, within the time above provided, for a 49 referendum thereon, or if a majority of the votes cast on any proposi- 50 tion or question submitted as herein provided be in the affirmative, 51 such town shall have only two town [councilmen] council members and 52 party nominations for such offices made, and designating petitions filed 53 and two town [councilmen] council members shall be elected at the bien- 54 nial town meeting in the year nineteen hundred thirty-three, one for a 55 term of two years and one for a term of four years and thereafter at 56 each biennial town election in such town there shall be elected one townA. 8272--A 14 1 [councilman] council member for a term of four years, in the same manner 2 as other elective town officers in such town. 3 1. At the biennial town election to be held on the seventh day of 4 November, nineteen hundred thirty-nine, and at each biennial town 5 election held thereafter in each town of the second class, except as 6 otherwise provided herein, there shall be elected one justice of the 7 peace for the full term prescribed by law and one town [councilman] 8 council member for a term of four years to begin on the first day of 9 January next succeeding the election at which [he was] they were 10 elected, and party nominations for such offices shall be made and desig- 11 nating petitions may be filed and such officers shall be elected in the 12 same manner as other elective officers in such town. During the period 13 from January first, nineteen hundred forty until January first, nineteen 14 hundred forty-two, the supervisor, the three justices of the peace and 15 the town [councilman] council member of such town shall constitute the 16 town board thereof. On the first day of January, nineteen hundred 17 forty-two and thereafter, the supervisor, the two justices of the peace 18 and the two town [councilmen] council members shall constitute such town 19 board. 20 2. At the biennial town election to be held in the year nineteen 21 hundred forty in each town in the county of Broome and at each biennial 22 town election held in such towns thereafter, there shall be elected one 23 justice of the peace for the full term prescribed by law and one town 24 [councilman] council member for a term of four years to begin on the 25 first day of January next succeeding the election at which [he was] they 26 were elected, and party nominations for such offices shall be made and 27 designating petitions may be filed and such officers shall be elected in 28 the same manner as other elective town officers in such town. During the 29 period from January first, nineteen hundred forty-one until January 30 first, nineteen hundred forty-three, the supervisor, the three justices 31 of the peace and the town [councilman] council member of such town shall 32 constitute the town board thereof. On the first day of January, nineteen 33 hundred forty-three and thereafter, the supervisor, the two justices of 34 the peace and the two town [councilmen] council members shall constitute 35 such town board. 36 5. Notwithstanding the provisions of paragraph one of this subdivi- 37 sion, the town board of any town required thereby to elect one justice 38 of peace and one town [councilman] council member at the biennial 39 election to be held on the seventh day of November, nineteen hundred 40 thirty-nine, may adopt a resolution on or before but not later than the 41 first day of July, nineteen hundred thirty-nine, determining that there 42 shall be elected at the biennial town election of nineteen hundred thir- 43 ty-nine, two justices of peace for the full term prescribed by law but 44 no town [councilman] council member. If the town board shall adopt such 45 a resolution, the town clerk shall cause a certified copy thereof to be 46 filed in the office of the board of elections of said county on or 47 before the tenth day of July, nineteen hundred thirty-nine, and party 48 nominations for the offices of justice of peace shall be made and desig- 49 nating petitions may be filed and two justices of peace shall be elected 50 at said biennial town election of nineteen hundred thirty-nine, in the 51 same manner as other elective town officers in such town. 52 In any such town in which two justices of peace shall be so elected at 53 the biennial town election held in the year nineteen hundred thirty- 54 nine, there shall be elected at the biennial town election held in the 55 year nineteen hundred forty-one and at every biennial town election 56 thereafter, one justice of peace and one town [councilman] councilA. 8272--A 15 1 member for the terms and in the manner prescribed in said paragraph one 2 of this subdivision. 3 6. The town board of any town which shall have adopted a resolution 4 pursuant to paragraph five of this subdivision, determining that two 5 justices of peace shall be elected at the biennial town election to be 6 held on the seventh day of November, nineteen hundred thirty-nine, may 7 also adopt a resolution on or before but not later than the first day of 8 July, nineteen hundred thirty-nine, determining that the following 9 proposition shall be submitted to the electors of such town at said 10 biennial town election of nineteen hundred thirty-nine, to wit: "Shall 11 the number of justices of peace in this town be reduced from four to two 12 by the election of one justice of peace and one town [councilman] coun- 13 cil member for terms of four years each at the biennial town elections 14 to be held in the years nineteen hundred forty-one and nineteen hundred 15 forty-three and at each biennial town election thereafter, and shall the 16 town board of this town consist of the supervisor and such justices of 17 peace and town [councilman] council member?" The town board shall give 18 notice of the submission of such proposition and such proposition shall 19 be submitted in the manner provided in article six of this chapter for 20 the submission of propositions at special or biennial town elections. 21 The polls shall remain open during the hours fixed for the election of 22 town officers. Every elector of the town qualified to vote at such 23 election for town officers shall be entitled to vote upon the foregoing 24 proposition. The votes upon such proposition shall be canvassed and 25 certified to the town clerk in the manner provided in section eighty- 26 three of this chapter. If a majority of the votes cast in such town upon 27 such proposition shall be in the affirmative, there shall be elected at 28 the biennial town election held in the year nineteen hundred forty-one 29 and at every biennial town election thereafter, one justice of peace and 30 one town [councilman] council member for the terms and in the manner 31 prescribed in paragraph one of this subdivision. If a majority of the 32 votes cast in such town upon such proposition shall not be in the affir- 33 mative there shall be elected at the biennial town election held in the 34 year nineteen hundred forty-one and at every biennial town election 35 thereafter, two justices of peace for the full term prescribed by law, 36 but no town [councilman] council member. 37 7. Notwithstanding the provisions of paragraph two of this subdivi- 38 sion, the town board of any town in the county of Broome required there- 39 by to elect one justice of peace and one town [councilman] council 40 member at the biennial election to be held in the year nineteen hundred 41 forty, may adopt a resolution on or before but not later than the first 42 day of July, nineteen hundred forty, determining that there shall be 43 elected at the biennial town election of nineteen hundred forty, two 44 justices of peace for the full term prescribed by law but no town [coun-45cilman] council member. If the town board shall adopt such a resolution, 46 the town clerk shall cause a certified copy thereof to be filed in the 47 office of the board of elections of said county on or before the tenth 48 day of July, nineteen hundred forty, and party nominations for the 49 offices of justice of peace shall be made and designating petitions may 50 be filed and two justices of peace shall be elected at said biennial 51 town election of nineteen hundred forty, in the same manner as other 52 elective town officers in such town. 53 In any such town in which two justices of peace shall be so elected at 54 the biennial town election held in the year nineteen hundred forty, 55 there shall be elected at the biennial town election held in the year 56 nineteen hundred forty-two and at every biennial town election thereaft-A. 8272--A 16 1 er, one justice of peace and one town [councilman] council member for 2 the terms and in the manner prescribed in [said] paragraph two of this 3 subdivision. 4 The town board of any town which shall have adopted a resolution 5 pursuant to this paragraph, determining that two justices of peace shall 6 be elected at the biennial town election to be held in the year nineteen 7 hundred forty, may also adopt a resolution on or before but not later 8 than the first day of July, nineteen hundred forty, determining that the 9 following proposition shall be submitted to the electors of such town at 10 said biennial town election of nineteen hundred forty, to wit: "Shall 11 the number of justices of peace in this town be reduced from four to two 12 by the election of one justice of peace and one town [councilman] coun- 13 cil member for terms of four years each at the biennial town elections 14 to be held in the years nineteen hundred forty-two and nineteen hundred 15 forty-four and at each biennial town election thereafter, and shall the 16 town board of this town consist of the supervisor and such justices of 17 peace and town [councilman] council member or [councilmen] council 18 members?" The town board shall give notice of the submission of such 19 proposition and such proposition shall be submitted in the manner 20 provided in article six of this chapter for the submission of proposi- 21 tions at special or biennial town elections. The polls shall remain open 22 during the hours fixed for the elections of town officers. Every elec- 23 tor of the town qualified to vote at such election for town officers 24 shall be entitled to vote upon the foregoing proposition. The votes upon 25 such proposition shall be canvassed and certified to the town clerk in 26 the manner provided in section eighty-three of this chapter. If a major- 27 ity of the votes cast in such town upon such proposition shall be in the 28 affirmative, there shall be elected at the biennial town election held 29 in the year nineteen hundred forty-two, and at every biennial town 30 election thereafter, one justice of peace and one town [councilman] 31 council member for the terms and in the manner prescribed in paragraph 32 two of this subdivision. If a majority of the votes cast in such town 33 upon such proposition shall not be in the affirmative there shall be 34 elected at the biennial town election in the year nineteen hundred 35 forty-two and at every biennial town election thereafter, two justices 36 of peace for the full term prescribed by law, but no town [councilman] 37 council member. 38 13. Not later than June fifteenth, nineteen hundred thirty-three, the 39 town board of any town containing a population of ten thousand or more 40 as shown by the latest federal census, excepting towns in Broome and 41 Suffolk counties, and of any other town which shall determine by any of 42 the methods prescribed by subdivision one of this section to be a town 43 of the first class, may adopt a resolution to establish the ward system 44 for the election of [councilmen] council members for such town, which 45 resolution shall be subjected to referendum as herein provided. Within 46 four days after the adoption of such resolution, the town clerk shall 47 cause copies thereof to be posted in ten public places in the town, with 48 a statement of the date of its adoption Within fourteen days after the 49 adoption of such resolution, a petition may be filed requiring such 50 resolution be submitted to the electors of the town, for their approval. 51 The form of question to be submitted thereon shall be "Shall the resol- 52 ution of the town board of the town of ............., establishing the 53 ward system for the election of town [councilmen] council members, be 54 approved?" If no such resolution shall have been adopted within the 55 time above provided, a petition may be filed not later than June twen- 56 ty-ninth, nineteen hundred thirty-three, requiring the submission toA. 8272--A 17 1 such electors of the proposition "Shall the ward system be established 2 for the election of town [councilmen] council members?" A petition for 3 any of the above purposes shall be filed with the town clerk, and shall 4 be signed and duly acknowledged by at least one hundred electors of the 5 town. The question or proposition for which a petition shall have been 6 filed shall be submitted by the town board at a special town meeting to 7 be held at a time, not later than August first, nineteen hundred thir- 8 ty-three, and at such place or places in the town as may be fixed by the 9 town board. Notice of the election shall be given, such meeting held and 10 the votes canvassed and result certified and returned in the manner 11 provided by provisions of the town law relating to special town meetings 12 as in force immediately prior to the taking effect of this section. 13 Every elector of the town shall be entitled to vote at such meeting. If 14 the town board shall have adopted such a resolution and no petition 15 shall have been filed, within the time above provided, for a referendum 16 thereon, or if a majority of the votes cast on any proposition or ques- 17 tion submitted as herein provided be in the affirmative, the board of 18 elections of the county in which such town is situate shall forthwith 19 divide the town into four wards and fix the boundaries thereof. In so 20 dividing the town into wards, no town election district shall be divided 21 and no election district shall contain parts of two or more wards. So 22 far as possible the division shall be so made that the number of votes 23 in each ward shall be approximately equal. When the board of elections 24 shall have finally determined the boundaries of the wards, the board 25 shall cause a map of the town to be prepared showing in detail the 26 location of each ward and the boundaries thereof. The original map so 27 made shall be filed in the office of the town clerk and copies thereof 28 shall be filed in the offices of the county clerk and the board of 29 elections of the county. The ward system shall be deemed established 30 after such filing is complete. Party nominations shall be made, desig- 31 nating petitions filed and one resident elector of each ward shall be 32 elected as [councilman] council member therefrom for a term of two years 33 beginning on the first day of January next succeeding such election, at 34 the biennial town meeting in the year nineteen hundred thirty-three, and 35 biennially thereafter, in the same manner as other elective town offi- 36 cers in such town. 37 § 26. Subdivision 4 of section 17-1703-a of the village law, as added 38 by chapter 960 of the laws of 1977, the opening paragraph as amended by 39 chapter 30 of the laws of 2013, is amended to read as follows: 40 4. In any case in which the proposition provided for in subdivision 41 one of this section shall have resulted in favor of the local government 42 operating principally as a town, then, at the regular village election 43 next ensuing, all offices to be filled thereat shall be filled for terms 44 to end at the conclusion of the then current calendar year. The term of 45 office of each other elected village office shall also end at the 46 conclusion of said then current calendar year, notwithstanding that any 47 such term of office originally extended beyond such date. The offices of 48 supervisor, four town [councilmen] council members and two town justices 49 shall be filled by election as hereinafter provided at the November 50 general election next following the effective date of the creation of 51 such town or annexation of such territory; all other town offices shall 52 be appointive. The election of the supervisor, [councilmen] council 53 members and justices shall be for terms of office as follows: 54 (a) If such election is held in an odd-numbered year, then the term of 55 office for supervisor shall be the term regularly provided by law; the 56 terms of office for two [councilmen] council members shall be the termsA. 8272--A 18 1 regularly provided by law and the terms for the other two [councilmen] 2 council members shall be two years each; the term for each justice shall 3 be the term regularly provided by law. Upon the expiration of the two 4 year term for [councilmen] council members as above provided, the terms 5 for such offices shall be as regularly provided by law. 6 (b) If such election is held in an even-numbered year, then the term 7 of office for supervisor shall be one year; the terms of office for 8 [councilmen] council members shall be one year for two [councilmen] 9 council members and three years for the other two [councilmen] council 10 members and the terms of office for each justice shall be for the 11 remainder of the then unexpired terms. Thereafter, each office shall be 12 filled for the term regularly provided by law. 13 § 27. Subdivision 3 of section 17-1708 of the village law, as added by 14 chapter 355 of the laws of 1975, is amended to read as follows: 15 3. In any village which has been or may hereafter be incorporated to 16 embrace the entire territory of a town, the proposition proposed and 17 submitted as provided in subdivision one of this section, may be in 18 substantially the following form: "Shall the offices of town supervisor 19 and town [councilman] council member, as presently constituted, be 20 deemed vacant and the mayor and board of trustees of the village of 21 _______________hereafter constitute the supervisor and town board, 22 respectively, of the town of _________________for all purposes?" In case 23 the said proposition be adopted by a majority of the electors of the 24 said town voting thereon, the mayor of the said village, as the office 25 shall be held from time to time, and the board of trustees of the said 26 village, as the same shall be constituted from time to time, shall, from 27 and after the first day of January next succeeding the date of said 28 election, constitute the supervisor and town board of the said town for 29 all purposes, and shall have all the rights, powers and duties thereof 30 and neither the town clerk, nor the town justices of the said town, 31 shall by virtue of their offices be members of the said town board. The 32 town board of the said town as so organized shall keep a separate jour- 33 nal of its proceedings and the town clerk shall be the clerk thereof. 34 § 28. This act shall take effect immediately.
