N.Y. Alternative County Government Law Section 58
Choice between election and appointment of officials


The office of comptroller, in a county where the office would otherwise be elective, or any elective county office that is being continued except that of a supervisor or a judicial officer, may be made appointive by provision therefor in the petition or resolution by which an alternative form of county government or a change in such a form is initiated and by vote of the people as provided in article fourteen. This option shall apply to elective officers provided for in the constitution as well as to others. By like action the office of county commissioner of public welfare, in a county where the office would otherwise be appointive, or any formerly elective office that has been made appointive pursuant to this section, may be made elective. Whenever one of the options provided for in this section is submitted to the people, it shall be submitted as a separate question. Its adoption may, however, be made contingent on the adoption of another question submitted at the same time if the petition or resolution by which it is initiated so provides.


Except as otherwise expressly provided in this chapter, every elective official of a county shall remain elective after the adoption of an alternative form of government and shall continue to perform the functions pertaining to his office.


When an office which could be made appointive remains or becomes elective under an alternative form of county government, the term of such office shall be four years from and including the first day of January after each election to the office, except that the term of the first official elected to such office after the alternative form takes effect shall be three years if the term begins in an odd-numbered year. Elections shall take place at the general elections in the last year of each term. When an appointive office is made elective, the first election to the office shall take place at the next general election.


When an elective office is made appointive, the appointment shall be made as provided in section two hundred two for a term coterminous with the term of the county executive or board of supervisors making the appointment, except that it may be shortened as provided in subdivision three if the office is made elective and that the person so appointed shall continue to serve until his successor is chosen and has qualified. If a vacancy occurs in such an office, it shall be filled similarly by appointment for the balance of the term.

Source: Section 58 — Choice between election and appointment of officials, https://www.­nysenate.­gov/legislation/laws/ACG/58 (updated Sep. 22, 2014; accessed Nov. 25, 2023).

Nov. 25, 2023

Last modified:
Sep. 22, 2014

§ 58’s source at nysenate​.gov

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