N.Y.
Village Law Section 17-1708
Trustees as town board
1.
In any village which has been or may hereafter be incorporated to embrace the entire territory of a town the town board of such town may, upon its own motion, and shall on a petition signed and acknowledged by not less than fifty taxpayers of the said town submit at any biennial town meeting or at any special town meeting called for the purpose, a proposition substantially in the following form: “Shall the board of trustees of the village of ..............constitute the town board of the town of ............ for all purposes?” In case the said proposition be adopted by a majority vote of the electors of the said town voting thereon, the board of trustees of the said village, as the same shall be constituted from time to time, shall, from and after the first day of January next following the date of the said election, constitute the town board of the said town for all purposes, and shall have all the rights, powers and duties thereof and neither the supervisor nor the town clerk, nor the justices of the peace of the said town, shall, by virtue of their offices, be members of the said town board. The town board of the said town as so organized shall keep a separate journal of its proceedings and the town clerk shall be the clerk thereof.2.
If in the village of Scarsdale in Westchester county, a proposition has been adopted as set forth in subdivision one of this section, and the supervisor is not, by virtue of his office, representative of the town or the county board or other county legislative body, such town board of the town may by local law or ordinance abolish the position of supervisor and thereupon shall assign his duties to such official or officials as it may determine.3.
In any village which has been or may hereafter be incorporated to embrace the entire territory of a town, the proposition proposed and submitted as provided in subdivision one of this section, may be in substantially the following form: “Shall the offices of town supervisor and town council member, as presently constituted, be deemed vacant and the mayor and board of trustees of the village of _______________hereafter constitute the supervisor and town board, respectively, of the town of _________________for all purposes?” In case the said proposition be adopted by a majority of the electors of the said town voting thereon, the mayor of the said village, as the office shall be held from time to time, and the board of trustees of the said village, as the same shall be constituted from time to time, shall, from and after the first day of January next succeeding the date of said election, constitute the supervisor and town board of the said town for all purposes, and shall have all the rights, powers and duties thereof and neither the town clerk, nor the town justices of the said town, shall by virtue of their offices be members of the said town board. The town board of the said town as so organized shall keep a separate journal of its proceedings and the town clerk shall be the clerk thereof.4.
In any village where a proposition has been adopted as provided in subdivisions one or three of this section, the incumbent and successor holders of any village offices which thereby are constituted as town offices shall, by virtue of their village offices, also hold such town offices; and, from and after the date of adoption of such proposition, no separate election for such town offices shall be conducted.5.
Notwithstanding the provisions of article seventeen of the election law, elections held in incorporated villages which are incorporated as coterminous village pursuant to the provisions of this chapter shall be conducted in the same manner as election for town offices.
Source:
Section 17-1708 — Trustees as town board, https://www.nysenate.gov/legislation/laws/VIL/17-1708 (updated Aug. 19, 2022; accessed Oct. 26, 2024).
