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SECTION 3-302
Official year, terms of office, extension or reduction of terms, biennial elections
Village (VIL) CHAPTER 64, ARTICLE 3
§ 3-302 Official year, terms of office, extension or reduction of
terms, biennial elections. 1. An official year begins at noon on the
first Monday in the month following the date of the general village
election or the date such an election would have been held had elections
been held annually.

2. The term of office of each elective village officer shall commence
at the start of the official year following his election; the term of
office of each officer appointed at the annual meeting of the board of
trustees shall commence at the start of the official year in which he is
appointed; and the term of office of each officer appointed at any other
time shall commence at the time of his appointment.

3. Except as is otherwise provided herein or in this chapter, the term
of office of mayor, each trustee, treasurer and clerk shall be two
official years and the term of office of village justice shall be four
official years.

If the board of trustees of any village establishes a second office of
village justice pursuant to section 3-301 of this article or a third
office of the village justice pursuant to section 3-303 of this article
the resolution or local law therefor may provide for a single term of
one, two or three years for such second or third village justice who
shall serve a single term of one, two or three years, as provided in
such resolution or local law, commencing on the first day of the
official year following his election in order to provide that village
justices shall thereafter be elected every two years. The successor of
such justice shall thereafter be elected for a full four year term.

3-a. Notwithstanding the provisions of this chapter or any special or
local law to the contrary, the board of trustees of the village of
Spring Valley, instead of providing for the election of the successor of
the village justice in the village of Spring Valley whose term expires
at noon on the second day of April, nineteen hundred seventy-nine, may,
by resolution of said board, provide for a single term of eight months
for the office of village justice in said village, which term shall
commence at noon on the second day of April, nineteen hundred
seventy-nine, and shall expire at noon on the third day of December,
nineteen hundred seventy-nine. In such case, the mayor shall appoint a
village justice for such term, subject to approval of the board of
trustees. The successor of such justice shall thereafter be elected for
a full four year term.

3-b. Notwithstanding the provisions of this chapter or any special or
local law to the contrary, the board of trustees of the village of
Scotia, instead of providing for the election of the successor of the
village justice in the village of Scotia whose term expires at noon on
the fifth day of April, nineteen hundred eighty-two, may, by resolution
of said board, provide for a single term of eight months for the office
of village justice in said village, which term shall commence at noon on
the fifth day of April, nineteen hundred eighty-two, and shall expire at
noon on the sixth day of December, nineteen hundred eighty-two. In such
case, the mayor shall appoint a village justice for such term, subject
to approval of the board of trustees. The successor of such justice
shall thereafter be elected for a full four year term.

3-c. Notwithstanding the provisions of this chapter or any special or
local law to the contrary, the board of trustees of the village of
Gouverneur may appoint a village justice to serve from the date of such
appointment to December seventh, nineteen hundred eighty-seven. A
successor to such justice shall be elected at the general election to be
held in November of nineteen hundred eighty-seven, to hold office for a
term of four years to commence on December seventh, nineteen hundred
eighty-seven and to end on December second, nineteen hundred ninety-one.
Thereafter, the election of the village justice in the village of
Gouverneur shall be held at the general election to be held in November
of the year in which the term of office of such village justice shall
expire.

3-d. Notwithstanding the provisions of this chapter or any special or
local law to the contrary, the board of trustees of the village of
Potsdam may appoint a village justice to serve from the date of such
appointment to December fifth, nineteen hundred eighty-eight. A
successor to such justice shall be elected at the general election to be
held in November of nineteen hundred eighty-eight, to hold office for a
term of four years to commence on December fifth, nineteen hundred
eighty-eight and to end on December seventh, nineteen hundred
ninety-two. Thereafter, the election of the village justice in the
village of Potsdam shall be held at the general election to be held in
November of the year in which the term of office of such village justice
shall expire.

3-e. Notwithstanding the provisions of this chapter or any special or
local law to the contrary, the board of trustees of the village of East
Hills, Nassau county, may, by resolution of said board, provide for the
appointment to the office of village justice in said village, which term
shall commence at noon on the third day of April, nineteen hundred
eighty-nine, and shall expire at noon on the first Monday in April,
nineteen hundred ninety-one. In such case, the mayor shall appoint a
village justice for such term, subject to approval of the board of
trustees. Thereafter, the election of the village justice in the village
of East Hills, Nassau county, shall be held at the general election to
be held in March, nineteen hundred ninety-one and continuing thereafter,
the successor of such justice shall be elected for a four year term of
office.

3-f. a. Notwithstanding the provisions of this chapter or any special
or local law to the contrary, the board of trustees of the village of
Massena, St. Lawrence county, may, by resolution of said board, provide
for the appointment to the office of village justice in said village,
which term shall commence at noon on the third day of April, nineteen
hundred eighty-nine, and shall expire at noon on April second, nineteen
hundred ninety. In such case, the mayor shall appoint a village justice
for such term, subject to approval of the board of trustees. Thereafter,
the election of the village justice in the village of Massena, St.
Lawrence county, shall be held at the general election to be held in
March, nineteen hundred ninety, and continuing thereafter, the successor
of such justice shall be elected for a four year term of office.

b. Notwithstanding the provisions of this chapter or any special or
local law to the contrary, the board of trustees of the village of
Massena, St. Lawrence county, may, by resolution of said board, provide
for the extension of the current term of office of the village justice
of said village to expire at noon on December fifth, nineteen hundred
ninety-four. Thereafter, the election of the village justice in the
village of Massena, St. Lawrence county, shall be held at the general
election to be held in November, nineteen hundred ninety-four, and
continuing thereafter, the successor of such justice shall be elected
for a four year term of office.

3-g. Notwithstanding the provisions of this chapter or any special or
local law to the contrary, the board of trustees of the village of Mill
Neck, Nassau county, may, by resolution of said board, provide for the
election to the office of village justice in said village, which term
shall commence at noon on the first Monday of July, nineteen hundred
ninety-four, and shall expire at noon on the first Monday in July,
nineteen hundred ninety-seven. In such case, the election of the village
justice of the village of Mill Neck, Nassau county, for such term, shall
be held at the general election to be held on the third Tuesday of June,
nineteen hundred ninety-four. Thereafter, the election of the village
justice in the village of Mill Neck, Nassau county, shall be held at the
general election to be held on the third Tuesday of June, nineteen
hundred ninety-seven and continuing thereafter, the successor of such
justice shall be elected for a four year term of office.

3-h. Notwithstanding any provisions of this chapter or any other
general law, ordinance or special act, the village board of trustees of
the incorporated village of Greenport in the county of Suffolk may, by
resolution or local law subject to mandatory referendum, abolish the
office of village justice.

3-i. Notwithstanding the provisions of this chapter or any special or
local law to the contrary, the board of trustees of the village of
Canastota, Madison county, may, by resolution of said board, provide for
the election to the office of village justice of said village, which
term shall commence at noon on the first Monday of April, two thousand
nine, and shall expire at noon on the first Monday in April, two
thousand ten. Thereafter, the election of the village justice in the
village of Canastota, Madison county, shall be held at the general
election to be held on the third Tuesday of March, two thousand ten and
continuing thereafter, the successor of such justice shall be elected
for a four year term of office.

4. The terms of office of any other village officer for whom no other
term of office is provided in this chapter shall be one official year or
the remaining portion thereof; provided, however, that any officer
permanently appointed to an office classified in the competitive class
of the civil service shall hold such office for an indeterminate term
subject to the provisions of the civil service law.

5. Four year terms for mayor and trustees. a. The board of trustees,
by resolution or local law subject to permissive referendum, may extend
to four years the term of office of mayor, the terms of office for all
trustees, or the terms of office of mayor and all trustees. If such
resolution or local law shall become effective, the offices, the term or
terms of which have been extended, shall thereafter, except as is
otherwise provided in subdivision seven of this section, be filled for
terms of four years commencing at the beginning of the official year
following the next general village election at which such offices are to
be filled. No such resolution or local law, however, shall become
effective within thirty days prior to a general village election.

b. The board of trustees of any village which has adopted the four
year term of office for mayor, for all trustees, or for mayor and all
trustees, by resolution or local law and subject to permissive
referendum, may at any time thereafter reduce to two years the term of
office of mayor, the term of office of all trustees, or the terms of
office of mayor and all trustees. If such resolution or local law shall
become effective, the offices, the term or terms of which have been
reduced, shall thereafter, except as is otherwise provided in
subdivision seven of this section, be filled for terms of two years
commencing at the beginning of the official year following the next
general village election at which such offices are to be filled. No such
resolution or local law, however, shall become effective within thirty
days prior to a general village election.

6. Four year terms for treasurer and clerk. a. The board of trustees
of any village in which a resolution or local law has been adopted
pursuant to the provisions of this section extending the term of office
of the mayor and trustees to four years, by resolution or local law and
subject to permissive referendum, may extend to four years the term or
terms of office of the treasurer or clerk or both, except that the first
term shall be of the required number of years so that it shall expire at
the end of the term of office of the mayor then in office. If such
resolution or local law shall become effective, the offices, the term or
terms of which have been extended, shall thereafter be filled for terms
of four years, commencing at the expiration of the term of office of the
treasurer or clerk or both in office at the time the resolution or local
law is adopted.

b. The board of trustees of any village which has adopted the four
year term of office for treasurer or clerk or both, by resolution or
local law and subject to permissive referendum may at any time
thereafter reduce to two years the terms of office of the treasurer or
clerk or both except that the first term shall be of the required number
of years so that it shall expire at the end of the term of office of the
mayor then in office. If such resolution or local law shall become
effective, the offices, the term or terms of which have been reduced,
shall thereafter be filled for terms of two years, commencing at the
expiration of the term of office of the treasurer or clerk or both in
office at the time the resolution is adopted.

7. Biennial elections. a. The board of trustees of any village which
has provided that the terms of office of all trustees, or the terms of
office of mayor and all trustees shall be four years, may, subject to
permissive referendum, adopt a separate resolution or local law
providing that general village elections shall be held biennially in the
odd numbered years or in the even numbered years, as they shall
determine, or may include in any resolution or local law providing that
the terms of office of all trustees, or the terms of office of mayor and
all trustees shall be four years, a provision that general village
elections shall be held biennially in the odd numbered years or in the
even numbered years. No such resolution or local law, however, shall
become effective within thirty days prior to a general village election.

b. If such resolution or local law shall become effective between a
general village election in an even numbered year and thirty days prior
to a general village election in the next odd numbered year and shall
provide that general village elections shall be held in the even
numbered years, the successor to a police justice, mayor or trustee
whose term of office expires in an odd numbered year shall, at the
general village election preceding the expiration of such term of
office, be elected for a single three year term and their successors
shall thereafter be elected for terms of four years.

c. If such resolution or local law shall become effective between a
general village election in an even numbered year and thirty days prior
to a general village election in the next odd numbered year and shall
provide that general village elections shall be held in the odd numbered
years, the successor to a police justice, mayor or trustee whose term of
office expires in an even numbered year shall, at the general village
election preceding the expiration of such term of office, be elected for
a single five year term and their successors shall thereafter be elected
for terms of four years.

d. If such resolution or local law shall become effective between a
general village election in an odd numbered year and thirty days prior
to a general village election in the next even numbered year and shall
provide that general village elections shall be held in the odd numbered
year, the successor to a police justice, mayor or trustee whose term of
office expires in an even numbered year shall, at the general village
election preceding the expiration of such term of office, be elected for
a single three year term and their successors shall thereafter be
elected for terms of four years.

e. If such resolution or local law shall become effective between a
general village election in an odd numbered year and thirty days prior
to a general village election in the next even numbered year and shall
provide that general village elections shall be held in the even
numbered years, the successor to a police justice, mayor or trustee
whose term of office expires in an odd numbered year shall, at the
general village election preceding the expiration of such term of
office, be elected for a single five year term and their successors
shall thereafter be elected for terms of four years.

f. The board of trustees of any village which has provided that
general village elections shall be held biennially and shall
subsequently provide by resolution or local law adopted pursuant to
subdivision five of this section that the terms of office of all
trustees, or the terms of office of mayor and all trustees shall be two
years, shall also provide in said resolution or local law that general
village elections shall be held annually and shall further provide
therein that if the general village elections under the biennial
elections had been held in the odd numbered years, all trustees, or the
mayor and all trustees to be elected in the first odd numbered year
after the adoption of the resolution or local law shall be elected for a
single three year term and their successors shall thereafter be elected
for a term of two years and that all trustees, or the mayor and all
trustees to be elected in the second odd numbered year after the
adoption of the resolution or local law shall be elected for a two year
term and their successors shall also be elected for a term of two years.

g. The board of trustees of any village which has provided that
general village elections shall be held biennially and shall
subsequently provide by resolution or local law adopted pursuant to
subdivision five of this section that the terms of office of all
trustees, or the terms of office of mayor and all trustees shall be two
years shall provide in said resolution or local law that general village
elections shall be held annually and shall further provide therein that
if the general village elections under the biennial elections had been
held in the even numbered years, all trustees, or the mayor and all
trustees to be elected in the first even numbered year after adoption of
the resolution or local law shall be elected for a single three year
term and their successors shall thereafter be elected for a term of two
years and that all trustees, or the mayor and all trustees to be elected
in the second even numbered year after the adoption of the resolution or
local law shall be elected for a two year term and their successors
shall also be elected for a term of two years.