Section 58. Choice between election and appointment of officials


Latest version.
  • 1. 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.
        2. 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.
        3.  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.
        4.  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.