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This entry was published on 2014-09-22
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SECTION 60-A
Removal of town justices from town board
Town (TWN) CHAPTER 62, ARTICLE 4
§ 60-a. Removal of town justices from town board. 1. Notwithstanding
any provision of this chapter or any other law to the contrary, in any
town in which a town justice serves as a member of the town board, a
vacancy shall be created and is hereby created on the town board upon
the expiration of the term of office of such justice and the membership
of such town board shall consist of a town supervisor and town
councilmen and the vacancy on such town board created by the expiration
of the term of the town justice shall be filled at the general election
preceding the expiration of the term of such justice by the election of
a town councilman, unless the office of town councilman does not exist
in such town. In the event the town board determines that councilmen
should be elected biennially and in order to so provide, it is necessary
that such councilman be elected for a single one year term or a single
three year term, such town board may, by resolution provide that the
town councilman elected to fill the vacancy created by the expiration of
the term of town justice as town board member, shall be first elected
for a single one or three year term as provided in such resolution and
his successors shall thereafter be elected for four year terms.

Notwithstanding the provisions of this section, or any other law to
the contrary, which provides that a town justice shall not constitute a
member of the town board, such office of town justice shall continue and
such town justice shall have all the powers and duties of a town justice
as defined by the uniform justice court act and as otherwise provided by
law. Such town justices shall continue to be elected as town justices
except that such town justices shall not constitute members of the town
board.

2. In the event the town board determines that it will be in the best
interests of the town, such town board may, by the adoption of a
resolution, subject to permissive referendum, reduce the number of
councilmen or town justices and provide that the term of such town
councilman first elected shall be for a single two or four year term in
order to provide for biennial town elections and his successor shall
thereafter be elected for four year terms. In no event shall any town
board constitute less than two town councilmen and the supervisor. The
town board of any town in which the number of councilmen or justices has
been reduced pursuant to this subdivision, may adopt a resolution,
subject to permissive referendum, restoring one or two of the offices of
councilmen or town justices previously reduced, provided, however, that
the total number of town justices for such town including the restored
offices, shall not exceed the number provided in subdivision one of
section twenty of this chapter. Such resolution shall provide for a two
or four year term for the restored office of councilman in order to
provide for biennial town elections, and his successor shall thereafter
be elected for four year terms. The election of a councilman or town
justice to the restored office shall take place at the biennial town
election next succeeding the effective date of such resolution, for a
term of office commencing January first following the election.