Section 20. Town officers

1. (a) Every town of the first class shall have a
  supervisor,  four town councilmen, unless the number of councilmen shall
  have been increased to six or decreased  to  two  as  provided  by  this
  chapter,  a  town  clerk,  two  town  justices, a town superintendent of
  highways, one assessor, a receiver of taxes  and  assessments,  as  many
  town  policemen and such other employees as the town board may determine
  necessary for the proper  conduct  of  the  affairs  of  the  town.  The
  supervisor,   town   councilmen,   town   clerk,   town  justices,  town
  superintendent of highways and receiver  of  taxes  and  assessments  in
  every  such  town shall be elective. All other officers and employees in
  such a town shall be appointed by the town board,  except  as  otherwise
  provided  by law. In any town in which a town police department has been
  established pursuant to law, or which town is a part of a county  police
  district,  the  town board may appoint not more than four civil officers
  who shall possess all the powers  and  duties  of  constables  in  civil
  actions  and  proceedings  only, and shall be paid no salary by the town
  board but shall be entitled to collect the statutory fees allowed by law
  in such civil actions and proceedings. The clerk of the court of a  town
  shall  be  employed  and discharged from employment only upon the advice
  and consent of the town justice or justices.
    (b) Except as otherwise provided by law,  every  town  of  the  second
  class  shall  have  a  supervisor,  two  justices of the peace, two town
  councilmen, a town clerk,  a  town  superintendent  of  highways,  three
  assessors,  a  collector, and, if there be no town police department, as
  many constables as the town board may determine necessary. In  any  such
  town  in which a town police department has been established pursuant to
  law, the town board may appoint not more than four  civil  officers  who
  shall  possess  all the powers and duties of constables in civil actions
  and proceedings only,  except  that  the  town  board  of  the  town  of
  Southold, county of Suffolk, may appoint four additional constables, who
  shall  possess  all  the  powers  and  duties of constables in civil and
  criminal actions and proceedings, solely  for  the  benefit  of  Fishers
  Island  located  in  such  town; provided, however, that nothing in this
  paragraph shall be deemed to authorize such constables to carry,  repair
  or  dispose  of  a  firearm unless the appropriate license therefore has
  been issued pursuant to section 400.00 of the penal law;  and  shall  be
  paid  no  salary  by the town board but shall be entitled to collect the
  statutory fees allowed by law in such  civil  actions  and  proceedings.
  Every town of the second class may have in addition such other employees
  as  the town board may determine necessary for the proper conduct of the
  affairs of the  town.  The  supervisor,  justices  of  the  peace,  town
  councilmen,  town  clerk, town superintendent of highways, assessors and
  collector in every such town shall be elected. All other  town  officers
  and  employees  in  such  a  town  shall be appointed by the town board,
  except as otherwise provided by law. Provided, however, that in  a  town
  having  less  than  three  hundred  inhabitants  according to the latest
  federal census and having a taxable property valuation of less than  one
  hundred  thousand dollars according to the latest assessment roll, there
  shall be elected one justice of the peace for a term of four  years  and
  one assessor for a term of two years, but no town councilman. Successors
  to  such  officers  shall be elected for like terms at the biennial town
  election prior to the expiration of their terms of office. The clerk  of
  the  court  of  a  town shall be employed and discharged from employment
  only upon the advice and consent of the town justice or justices.
    (c) Notwithstanding the provisions of this section or  the  provisions
  of  any  other  general  or special law, in the town of Smithtown in the
  county of Suffolk, a proposition calling for the abolition of the office
  of justice of the peace within such town, as authorized by  chapter  two

  hundred  seventy-eight  of  the laws of nineteen hundred fifty-eight, as
  amended by chapter eight hundred eleven of the laws of nineteen  hundred
  sixty-two,   constituting   the  Suffolk  county  charter,  having  been
  submitted  to  the electors of such town at the general election held in
  nineteen hundred sixty-two  and  having  at  such  election  received  a
  majority  of affirmative votes, the justices of the peace holding office
  in such town at the time of such vote shall continue in office until the
  end of the respective terms for which they were elected. At the  general
  election immediately preceding the expiration of the term of the justice
  of  the  peace  in such town whose term shall first expire an additional
  town councilman shall be elected, and at the general election  preceding
  the  expiration  of  the  term  of the justice of the peace in such town
  whose term shall be the second such term to  expire  another  additional
  town  councilman  shall  be  elected, so that thereafter such town shall
  have four town councilmen. Each town  councilman  so  elected  shall  be
  elected for a term of four years and shall hold office during such term.
    (d)  Notwithstanding  the  provisions  of this chapter or of any other
  general or special law, any town, which by the latest federal census  or
  special census has a population of more than fifty thousand inhabitants,
  may,  by  a resolution, submit to a referendum a proposition calling for
  the establishment of the office of a third town justice and a town  with
  a  population  of  more than seventy-five thousand may, by a resolution,
  submit to a referendum a proposition calling for  the  establishment  of
  the  offices  of  a  third,  of  a  fourth or of a third and fourth town
  justice. Such referendum must be submitted to the voters  at  least  one
  hundred  twenty  days  prior  to the next biennial town election. At the
  next biennial town election immediately succeeding the approval  of  the
  proposition  hereinabove  provided  for,  said  town  justices  shall be
  elected for a term of four years and shall hold office during such term.
  Provided, however, such justice so elected shall not serve as  a  member
  of  the  town  board  but  shall  exercise  all  other powers and duties
  necessary or incident to such office. Successors to such office shall be
  elected for like terms and shall exercise like powers and duties.
    (e) Notwithstanding the provisions of any general,  special  or  local
  law  to  the contrary, the town board of the town of Southampton, county
  of Suffolk, may adopt a resolution, subject to a  permissive  referendum
  as provided by article seven of this chapter, at least one hundred fifty
  days  prior  to  any  biennial  town election determining that such town
  shall have four town justices. If the town board of such town shall have
  adopted such a resolution and no petition shall have been  filed  within
  the  time  specified  for  a referendum thereon, or if a majority of the
  votes cast on any such proposition submitted to vote of the electors  be
  in  the  affirmative,  the  electors  of  such  town  shall elect at the
  succeeding  biennial  election,  and  quadrennially   thereafter,   such
  additional  town justice for a term of four years beginning on the first
  day of January next succeeding such biennial town election.
    (f)  Notwithstanding  the  provisions  of  paragraph   (b)   of   this
  subdivision,  every town of the second class which has not exercised the
  option to retain elective assessors in the  manner  provided  by  former
  section  fifteen  hundred  fifty-six  of the real property tax law shall
  have one assessor to be  appointed  in  the  manner  and  for  the  term
  prescribed by section three hundred ten of the real property tax law.
    (g)  Notwithstanding  the  provisions of any general, special or local
  law to the contrary, the town board of the town of Clarkstown, county of
  Rockland, may adopt a resolution at least one hundred fifty  days  prior
  to any biennial town election determining that such town shall have four
  town  justices. If the town board of such town shall have adopted such a
  resolution, the electors of such town  shall  elect  at  the  succeeding

  biennial  election,  and  quadrennially thereafter, such additional town
  justice for a term of four years beginning on the first day  of  January
  next succeeding such biennial town election.
    (h)  Notwithstanding  the  provisions of any general, special or local
  law to the contrary, the town board of the town of Henrietta, county  of
  Monroe  may  adopt  a  resolution, subject to a permissive referendum as
  provided by article seven hereof, at  least  sixty  days  prior  to  any
  regular  or special election determining that such town shall have three
  town justices. If the town board of such town shall have adopted such  a
  resolution  and  no  petition  shall  have  been  filed  within the time
  specified for a referendum thereon, or if a majority of the  votes  cast
  on  any such proposition submitted to the vote of the electors be in the
  affirmative, the electors of such town shall  elect  at  the  succeeding
  general election a town justice who shall take office for a term of four
  years  beginning  on  the  first  day  of  January  next succeeding such
  biennial town election.
    (i) Notwithstanding the provisions of any general,  special  or  local
  law to the contrary, the town board of the town of Orangetown, county of
  Rockland  may  adopt a resolution, subject to a permissive referendum as
  provided by article seven hereof, at  least  sixty  days  prior  to  any
  regular  or special election determining that such town shall have three
  town justices. If the town board of such town shall have adopted such  a
  resolution  and  no  petition  shall  have  been  filed  within the time
  specified for a referendum thereon, or if a majority of the  votes  cast
  on  any such proposition submitted to the vote of the electors be in the
  affirmative, the electors of such town shall  elect  at  the  succeeding
  general election a town justice who shall take office for a term of four
  years  beginning  on  the  first  day  of  January  next succeeding such
  biennial town election.
    (j) Notwithstanding the provisions of any general,  special  or  local
  law  to the contrary, the town board of the town of Champlain, county of
  Clinton may adopt a resolution, subject to a  permissive  referendum  as
  provided  by article seven of this chapter, at least sixty days prior to
  any regular or special election determining that such  town  shall  have
  three  town  justices. If the town board of such town shall have adopted
  such a resolution and no petition shall have been filed within the  time
  specified  for  a referendum thereon, or if a majority of the votes cast
  on any such proposition submitted to the vote of the electors be in  the
  affirmative,  the  electors  of  such town shall elect at the succeeding
  general election a town justice who shall take office for a term of four
  years beginning on  the  first  day  of  January  next  succeeding  such
  biennial town election.
    * (k)  Notwithstanding the provisions of any general, special or local
  law to the contrary, the town board of the town of Unadilla,  county  of
  Otsego  may  adopt  a  resolution, subject to a permissive referendum as
  provided by article seven hereof, at  least  sixty  days  prior  to  any
  regular  or special election determining that such town shall have three
  town justices. If the town board of such town shall have adopted such  a
  resolution  and  no  petition  shall  have  been  filed  within the time
  specified for a referendum thereon, or if a majority of the  votes  cast
  on  any such proposition submitted to the vote of the electors be in the
  affirmative, the electors of such town shall  elect  at  the  succeeding
  general election a town justice who shall take office for a term of four
  years  beginning  on  the  first  day  of  January  next succeeding such
  biennial town election.
    * NB There are 3 par (k)'s
    * (k) Notwithstanding the provisions of any general, special or  local
  law  to  the  contrary, the town board of the town of Sennett, county of

  Cayuga may adopt a resolution, subject to  a  permissive  referendum  as
  provided  by  article  seven  hereof,  at  least sixty days prior to any
  regular or special election determining that such town shall have  three
  town  justices. If the town board of such town shall have adopted such a
  resolution and no  petition  shall  have  been  filed  within  the  time
  specified  for  a referendum thereon, or if a majority of the votes cast
  on any such proposition submitted to the vote of the electors be in  the
  affirmative,  the  electors  of  such town shall elect at the succeeding
  general election a town justice who shall take office for a term of four
  years beginning on  the  first  day  of  January  next  succeeding  such
  biennial town election.
    * NB There are 3 par (k)'s
    * (k)  Notwithstanding the provisions of any general, special or local
  law to the contrary, every town which has a contract in force and effect
  with another municipality for the municipality to provide highway,  road
  and  street  maintenance  and  repair for a period of not less than five
  years may adopt  a  local  law,  subject  to  permissive  referendum  as
  provided by article seven of this chapter, not later than July fifteenth
  of  the  year  prior  to which the term of office of the current elected
  town superintendent of highways shall expire, that  the  office  of  the
  town  superintendent  of  highways  shall  be  abolished.  A  town which
  thereafter terminates such a contract shall re-establish the position of
  town superintendent of highways by local law as an appointive office.
    * NB There are 3 par (k)'s
    (l) Notwithstanding the provisions of any general,  special  or  local
  law  to  the  contrary,  the  town board of the town of East Bloomfield,
  county of Ontario may  adopt  a  resolution,  subject  to  a  permissive
  referendum  as  provided  by  article  seven hereof, at least sixty days
  prior to any regular or special  election  determining  that  such  town
  shall  have  three  town  justices. If the town board of such town shall
  have adopted such a resolution and no petition  shall  have  been  filed
  within  the time specified for a referendum thereon, or if a majority of
  the votes cast on any such proposition submitted  to  the  vote  of  the
  electors be in the affirmative, the electors of such town shall elect at
  the succeeding general election a town justice who shall take office for
  a  term  of  four  years  beginning  on  the  first  day of January next
  succeeding such biennial town election. Upon the  election  of  a  third
  town  justice, the town board shall adopt a resolution to abolish one of
  the offices of town justice for the purpose of staggering the  elections
  of its town justices.
    (n)  Notwithstanding  the  provisions of any general, special or local
  law to the contrary, the town board of the  town  of  Sodus,  county  of
  Wayne  may  adopt  a  resolution,  subject to a permissive referendum as
  provided by article seven hereof, at  least  sixty  days  prior  to  any
  regular  or special election determining that such town shall have three
  town justices. If the town board of such town shall have adopted such  a
  resolution  and  no  petition  shall  have  been  filed  within the time
  specified for a referendum thereon, or if a majority of the  votes  cast
  on  any such proposition submitted to the vote of the electors be in the
  affirmative, the electors of such town shall  elect  at  the  succeeding
  general election a town justice who shall take office for a term of four
  years  beginning  on  the  first  day  of  January  next succeeding such
  biennial town election. Upon the election of a third town  justice,  the
  town  board  shall  adopt  a resolution to abolish one of the offices of
  town justice for the purpose of staggering the  elections  of  its  town
  justices.
    2.  (a)  The town board of every town may establish the office of town
  attorney or town engineer, or both. If the town board shall so establish

  the office of town attorney or town engineer, or both, it shall fix  the
  salary  of  such officer or officers. In addition, the town board of any
  such town may employ counsel to the town  attorney  in  respect  to  any
  particular  subject  matter,  proceeding or litigation, or it may employ
  such expert engineering service in respect  to  any  particular  subject
  matter, improvement or proceeding, as it may necessarily require. A town
  of  the first class shall have the authority to appoint such deputies in
  the offices of the town attorney and town engineer as may be provided by
  resolution of such board and fix the salaries therefor. A  town  of  the
  second class having a population of over seventy-five thousand according
  to  the  latest  federal  census  or  state  enumeration  shall have the
  authority to appoint such deputies in the office of the town attorney as
  may be provided by  resolution  of  such  board  and  fix  the  salaries
  therefor.  The  terms  of  such  offices  shall  be  indefinite  and the
  appointees thereto shall be removable at the pleasure of the town board.
    (b) The town board of any town which shall not  have  established  the
  office  of  town  attorney  may  employ  an  attorney  to  give  it such
  professional service and advice as it may require, and the town board of
  any town which shall not have established the office  of  town  engineer
  may  employ  an engineer to give it such professional service and advice
  as it may require.
    3. (b) The town board of any town of the first class, or any  town  of
  the second class having a population of over forty thousand according to
  the  latest  federal census or state enumeration, may adopt a resolution
  establishing  the  office  of  town  comptroller  and  appoint  a   town
  comptroller  who  shall  hold office until the first day of January next
  succeeding the first biennial town election held after the time  of  his
  appointment.  On  the  first  day  of  January next succeeding the first
  biennial town election held after the time of the establishment of  such
  office,  and  biennially  thereafter,  the  town  board  shall appoint a
  comptroller who shall hold office for a term  of  two  years.  The  town
  board  of  any  town  in which the office of town comptroller shall have
  been established may adopt a resolution abolishing such office and  upon
  the  expiration of the term of office of the incumbent such office shall
  be abolished and no successor shall be appointed.
    (c) The town board of any town of the first class  may  establish  the
  office  of  deputy  receiver of taxes and assessments and fix the salary
  therefor; and the town board of any such town in which such office shall
  have been established may abolish such office. It shall be the  duty  of
  the  deputy  receiver of taxes and assessments to assist the receiver of
  taxes and assessments in the performance of his duties. The  town  board
  of  any  such  town  wherein  the office of deputy receiver of taxes and
  assessments has been created may also establish one additional office of
  deputy receiver of taxes and assessments and may fix the salary therefor
  and prescribe his duties and  where  such  additional  office  has  been
  established may abolish same.
    (d)  The  town  board  of any town which has established the office of
  town comptroller pursuant to the provisions of  paragraph  (b)  of  this
  subdivision,  may establish the office of deputy comptroller and fix the
  salary therefor; and the town board of  any  such  town  in  which  such
  office  shall have been established may abolish such office. It shall be
  the duty of the deputy comptroller to  assist  the  comptroller  in  the
  performance  of  his duties and if and when the comptroller is absent or
  is unable to perform the duties of his office for any other reason, such
  deputy shall have full power and authority to perform all the duties  of
  the  comptroller  so  long as such officer is either absent or otherwise
  incapable of performing his duties.

    (e) The town board of any town may adopt a resolution establishing the
  office of director of purchasing and appoint a  director  of  purchasing
  who shall hold office until the first day of January next succeeding the
  first  biennial town election held after the time of his appointment. On
  the  first  day  of  January  next  succeeding  the  first biennial town
  election held after the time of the establishment of  such  office,  and
  biennially  thereafter,  the  town  board  shall  appoint  a director of
  purchasing who shall hold office for a term of  two  years.  If  a  town
  board  so  determines,  the  duties  of  director  of  purchasing may be
  combined with the duties of any other town officer, official or employee
  except members of the town board or comptroller. The town board  of  any
  town  in  which  the  office  of  director of purchasing shall have been
  established may adopt a resolution abolishing such office and  upon  the
  expiration  of  the term of office of the incumbent such office shall be
  abolished and no successor shall be appointed.
    4. No person shall be eligible to hold more  than  one  elective  town
  office  but  the town board for the purpose of consolidating offices and
  positions, may at any time by resolution enlarge,  increase  and  impose
  further  and other duties than those prescribed by law upon any elective
  or appointed officer or employee and fix a single compensation  for  the
  performance  of  all  such  duties.  No  member of the town board shall,
  however, be comptroller of such town.
    5. The term "officer" and/or "officers" whenever used in this  chapter
  shall  include  the incumbents of the offices of supervisor, councilman,
  town clerk, justice of the peace, superintendent of highways,  assessor,
  receiver of taxes and assessments and collector, or any of them.
    5-a.  The  terms  "councilman"  and "councilmen" whenever used in this
  chapter shall include persons of the male and female gender and those of
  the female gender shall be known and designated  as  "councilwoman"  and
  "councilwomen".
    6.  (a)  At  least  one  hundred fifty days prior to any biennial town
  election, the town board of any town in which the appointive  office  of
  town  clerk shall exist, may adopt a resolution, subject to a permissive
  referendum, that the office of town clerk shall be an elective 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 shall have been filed within the time specified  in  article
  seven  for  a referendum thereon, or, if a majority of the votes cast on
  any such proposition submitted pursuant to  the  provisions  of  article
  seven be in the affirmative the office of town clerk shall thereafter be
  an  elective  office  in such town, and a town clerk shall be elected at
  the succeeding biennial town election for  the  term  provided  by  this
  chapter,  beginning  on  the  first  day of January next succeeding such
  biennial town election and the term of office  of  the  appointive  town
  clerk  for  whom  such  successor  shall be elected shall expire on said
  first day of January.
    (b) At least one  hundred  fifty  days  prior  to  any  biennial  town
  election  the  town  board of any town in which the appointive office of
  town superintendent of highways shall exist,  may  adopt  a  resolution,
  subject   to   a   permissive   referendum   that  the  office  of  town
  superintendent of highways shall be an elective  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 shall have been filed within  the  time  specified  in  article
  seven  for  a referendum thereon, or, if a majority of the votes cast on
  any such proposition submitted pursuant to  the  provisions  of  article

  seven  be  in  the  affirmative  the  office  of  town superintendent of
  highways shall thereafter be an elective office in such town, and a town
  superintendent of highways shall be elected at the  succeeding  biennial
  town  election  for  the term provided by this chapter, beginning on the
  first day of January next succeeding such biennial town election and the
  term of office of the appointive town  superintendent  of  highways  for
  whom  such  successor shall be elected shall expire on said first day of
  January.
    (c) At least one  hundred  fifty  days  prior  to  any  biennial  town
  election,  the  town  board  of any town of the first class in which the
  appointive office of receiver of taxes and assessments shall exist,  may
  adopt  a resolution, subject to a permissive referendum, that the office
  of receiver of taxes and assessments shall be an elective 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 shall have been filed within the time specified  in  article
  seven  for  a referendum thereon, or, if a majority of the votes cast on
  any such proposition submitted pursuant to  the  provisions  of  article
  seven  be  in  the  affirmative  the  office  of  receiver  of taxes and
  assessments shall thereafter be an elective office in such town,  and  a
  receiver  of  taxes  and  assessments shall be elected at the succeeding
  biennial town election for the term provided by this chapter,  beginning
  on  the first day of January next succeeding such biennial town election
  and the  term  of  office  of  the  appointive  receiver  of  taxes  and
  assessments  for  whom  such  successor shall be elected shall expire on
  said first day of January.