Section 12. Optional change of classification

1. Any town of the second
  class, including towns in Suffolk and Broome counties and  the  town  of
  Ulster in Ulster county, having a population of five thousand or more as
  shown by the latest federal census or in which the assessed valuation of
  the  taxable  real  property as shown by the latest completed assessment
  role exceeds ten million dollars or adjoining a city having a population
  of three hundred thousand or more as shown by the latest federal census,
  may become a town of  the  first  class,  by  either  of  the  following
  methods:
    (a)  By  the  adoption  by  the  town  board of a resolution therefor,
  subject to a permissive referendum; or
    (b) By the adoption of a proposition therefor, by the affirmative vote
  of a majority of the qualified electors of the town voting thereon at  a
  special  or  biennial  town  election,  pursuant to subdivision three of
  section eighty-one of this chapter.
    2. (a) If any such  town  shall  determine,  pursuant  to  the  method
  specified in paragraph (a) of subdivision one of this section, to become
  a  town  of the first class, the town board shall cause certified copies
  of the resolution to be filed in the offices of the department of  state
  and the department of audit and control.
    There  shall  also  be filed therewith the affidavit of the town clerk
  that no petition requiring the submission to the qualified  electors  of
  the  town of a proposition approving such resolution was filed with said
  town clerk, if such resolution was not so submitted.
    If a proposition approving a resolution changing the classification of
  a town was submitted to the  electors,  pursuant  to  the  filing  of  a
  petition  therefor  or upon the motion of the town board, there shall be
  filed in the office of each of such  state  departments  copies  of  the
  certificate  of the election inspectors at such election, duly certified
  by the town clerk.
    (b) If any such town shall determine, pursuant to the method specified
  in paragraph (b) of subdivision one of this section, to become a town of
  the first class, the town board shall cause copies of the certificate of
  the election inspectors or board of canvassers of the town  election  at
  which the proposition for the change of classification was adopted, duly
  certified  by  the town clerk or board of canvassers, to be filed in the
  offices of the department of state  and  the  department  of  audit  and
  control.
    3.  (a) If a town shall determine, pursuant to the method specified in
  paragraph (a) of subdivision one of this section, to become  a  town  of
  the first class, such change of classification shall become effective on
  the  first  day  of  January  next  succeeding  the  first biennial town
  election held at least one hundred fifty days  after  the  date  of  the
  adoption   of  the  resolution  determining,  subject  to  a  permissive
  referendum, to become a town of the first class. On and after said first
  day of January, such town shall be a town of the first class.
    (b) If a town shall determine, pursuant to  the  method  specified  in
  paragraph  (b)  of  subdivision one of this section, to become a town of
  the first class, such change of classification shall become effective on
  the first day  of  January  next  succeeding  the  first  biennial  town
  election  held  at  least  ninety days after the date of adoption of the
  proposition changing the classification of the town to that of a town of
  the first class, pursuant to article six of this chapter. On  and  after
  said first day of January, such town shall be a town of the first class.
    4. (a) Any town which shall have determined, pursuant to either method
  specified  in  subdivision  one of this section, to become a town of the
  first class, shall elect, at  the  biennial  town  election  immediately
  preceding  the  effective  date  of  the  change  of classification, the

  following town officers: a supervisor for a  term  of  two  years,  and,
  except   as   otherwise  provided  herein,  a  town  clerk  and  a  town
  superintendent of highways for terms of two years each and a receiver of
  taxes and assessments for a term of four years.
    (b)  In addition to the officers specified in the preceding paragraph,
  there shall also be elected at such biennial town  election  in  a  town
  which  has  four or more justices of the peace but no town councilman on
  the first day of July immediately preceding such election:  one  justice
  of  the peace for a term of four years, two town councilmen for terms of
  four years each, and two town councilmen for terms of two years each.
    Any such town which on the first day of July preceding  said  biennial
  town  election  has three justices of the peace and one town councilman,
  shall elect at said biennial town election one justice of the peace  for
  a  term  of four years, two town councilmen for terms of four years each
  and one town councilman for a term of two  years,  in  addition  to  the
  officers specified in paragraph (a) of this subdivision.
    Any  such  town which on the first day of July preceding said biennial
  town election has two justices of the peace and two town councilmen  and
  the  term  of  one of such justices of the peace and of one of such town
  councilmen expires on December  thirty-first  following  such  election,
  shall elect at such election one justice of the peace for a term of four
  years,  two  town  councilmen  for terms of four years each and one town
  councilman for a  term  of  two  years,  in  addition  to  the  officers
  specified in paragraph (a) of this subdivision.
    Any  such  town which on the first day of July preceding said biennial
  town election has two justices of the peace and two town councilmen  and
  the  term  of  office  of  both  such  justices  of the peace expires on
  December thirty-first following  such  election,  shall  elect  at  such
  election  two justices of the peace for terms of four years each and two
  town councilmen for terms  of  four  years  each,  in  addition  to  the
  officers specified in paragraph (a) of this subdivision.
    Any  such  town which on the first day of July preceding said biennial
  town election has two justices of the peace and two town councilmen  and
  the  term  of  office  of  both such town councilmen expires on December
  thirty-first following such election, shall elect at such  election  two
  town councilmen for terms of four years each and two town councilmen for
  terms  of  two  years  each,  in  addition  to the officers specified in
  paragraph (a) of this subdivision.
    (c) The term of office  of  each  of  the  officers  elected  at  said
  biennial  town  election  shall  begin  on the first day of January next
  succeeding said election.
    (d) Party nominations for the offices to be filled  at  said  biennial
  town  election  shall be made and designating petitions may be filed and
  such officers shall be elected in the manner provided  by  law  for  the
  nomination, designation and election of town officers in such town.
    (e)  This  section shall not be construed to require the election of a
  town clerk or a town superintendent of highways if such office shall  be
  an  appointive  office in such town on the effective date of such change
  of classification.
    (f) Not less than  ninety  days  before  the  biennial  town  election
  immediately   preceding   the   effective   date   of   the   change  of
  classification, the town board may adopt  a  resolution,  subject  to  a
  permissive  referendum, determining that the office of receiver of taxes
  and assessments shall be  an  appointive  office  in  such  town.  Every
  elector  of  the  town  shall be entitled to vote at any referendum held
  thereon pursuant to the provisions of article seven of this chapter.  If
  the  town board shall have adopted such a resolution and no petition for
  a referendum thereon shall have been filed within the time specified  in

  article seven of this chapter, or if the majority of the votes cast on a
  proposition  to  approve  such  a  resolution  submitted pursuant to the
  provisions of said article seven shall be in the affirmative, the office
  of  receiver  of taxes and assessments shall thereafter be an appointive
  office in such town and no receiver of taxes and  assessments  shall  be
  elected   at  the  biennial  town  election  immediately  preceding  the
  effective date of such change of classification, and on  and  after  the
  effective  date  of  such change of classification, the town board shall
  appoint a receiver of taxes and assessments  who  shall  take  and  hold
  office  for  the term provided by this chapter. In any town in which the
  office of receiver of taxes and assessments  shall  be  appointive,  the
  town  board  may  appoint the town clerk of said town as the receiver of
  taxes and assessments thereof.
    (g) This section shall not be construed to require the election  of  a
  town superintendent of highways for a two year term in any town in which
  such term has been increased to four years pursuant to the provisions of
  section  twenty-four  of  this  chapter;  and  nothing contained in this
  section shall be construed to abridge the  term  of  office  of  a  town
  superintendent  of  highways  elected  for a term of four years prior to
  change of classification.
    5. Nothing contained in this section shall be construed to abridge the
  term of office of a justice of the peace elected prior to  the  adoption
  of  the  resolution or proposition for the change of classification, but
  on and after the effective date of such change  of  classification,  any
  such  justice  of the peace shall exercise only such powers and shall be
  subject to only such duties, responsibilities and liabilities  as  shall
  be prescribed by law with respect to a justice of the peace in a town of
  the first class.
    6.  Town  collectors and school district collectors. In any town which
  shall  have  determined,  pursuant  to  either   method   specified   in
  subdivision  one  of  this section, to become a town of the first class,
  the collector shall continue in office until the effective date of  such
  change  of  classification.  On  and  after  such  date,  the  office of
  collector and the office of school district collector shall be abolished
  in such town and no collector or  school  district  collector  shall  be
  chosen  at  any  time  to  succeed  the  incumbents  of  the  offices so
  abolished.
    7. (a) Assessors. If on the first day of  July  immediately  preceding
  the  effective  date of the change of classification any such town shall
  have three elective assessors, no successors thereto shall be elected at
  the biennial town election immediately preceding the effective  date  of
  such  change  of  classification  and  the  terms  of office of all such
  elective assessors whose term would extend beyond the effective date  of
  such  change  of classification shall terminate on the effective date of
  such change of classification. On or after the effective  date  of  such
  change  of  classification, the town board of said town shall appoint an
  assessor in the manner and for the  term  prescribed  by  section  three
  hundred ten of the real property tax law.
    (b)  If  on  the first day of July immediately preceding the effective
  date of the change of  classification  any  such  town  shall  have  one
  appointive  assessor who shall have been appointed in the manner and for
  the term prescribed by section three hundred ten of  the  real  property
  tax  law,  such assessor shall continue in office for the balance of his
  unexpired term, or for an indefinite term if the term of office of  such
  assessor  shall  have  been for an indefinite term immediately preceding
  the effective date of such change of classification.
    8. Town board. On and after  the  effective  date  of  the  change  of
  classification  of  such  town,  the  supervisor and the town councilmen

  shall constitute the town board thereof. Such town board shall have  all
  the powers and be subject to all the duties of a town board of a town of
  the first class.