N.Y.
Village Law Section 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 § 3-301 (Village officers)section 3-301 of this article or a third office of the village justice pursuant to § 3-303 (Additional village justices in certain villages)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.
Source:
Section 3-302 — Official year, terms of office, extension or reduction of terms, biennial elections, https://www.nysenate.gov/legislation/laws/VIL/3-302 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
