Section 41. Additional supervisors in certain towns  


Latest version.
  • 1. Resolution of town
      board. Any town having a population of  more  than  one-half  the  total
      population of the county in which such town is located, according to the
      latest federal or state census or enumeration, shall have one additional
      supervisor.  No such additional supervisor, however, shall be elected or
      appointed in any such town which has but one supervisor at the time this
      chapter takes effect, until  the  town  board  of  such  town  shall  by
      resolution  adopted  by  a  majority  vote  determine to provide for the
      election of an additional supervisor.
        2. Election of supervisors in such town. At a town  election  held  in
      November  following  the  adoption of the resolution provided for in the
      preceding section, the electors of such town shall elect one  additional
      supervisor  who shall hold office until January first following the next
      biennial town election,  at  which  time,  and  at  each  biennial  town
      election  thereafter, two supervisors shall be elected under the general
      and special laws relating to the election of supervisors  applicable  to
      such  town,  except  that  one  of  such supervisors shall be elected as
      presiding supervisor of such town.
        3. Powers and duties of presiding supervisor. The presiding supervisor
      shall exercise all the powers and be charged with all the duties imposed
      upon or  required  of  town  supervisors,  except  as  herein  otherwise
      provided.
        4.  Powers  and  duties  of  additional  supervisor.  Such  additional
      supervisor shall be a member of the town board and shall have  one  vote
      therein.  Whenever  by  reason of sickness or absence from the state the
      presiding supervisor shall be prevented from attending to the duties  of
      his  office,  and  whenever  a vacancy occurs in the office of presiding
      supervisor, the town board may by resolution authorize  such  additional
      supervisor  to  act  as  presiding  supervisor  during  such disability,
      absence from the state or vacancy, as the case may be, and  during  such
      time  said  supervisor  shall  possess  all the rights and powers of the
      presiding supervisor. No such additional supervisor  shall  perform  any
      act  as  presiding  supervisor  until  he has qualified by the filing of
      bonds and otherwise as required by law in  the  case  of  the  presiding
      supervisor.  Such additional supervisor shall exercise such other powers
      and perform such other duties not inconsistent with law as may from time
      to time be authorized or required by the town board.
        5. Temporary appointment; vacancies. At the meeting of the town  board
      immediately  following  the  adoption  of a resolution providing for the
      election of an additional supervisor, the town  board  may  appoint  the
      additional  supervisor  to  which  such  town is entitled who shall be a
      resident tax payer of such town and who  shall  hold  office  until  his
      successor  is  elected  at  the election first held thereafter as herein
      provided. From and after the appointment  by  the  town  board  of  such
      additional  supervisor and until the election of a presiding supervisor,
      the supervisor  in  office  at  the  time  of  such  appointment  of  an
      additional supervisor shall be the presiding supervisor. Upon the death,
      disability  or  removal of either supervisor of such town, his successor
      shall be elected or appointed as provided by law in the case of  a  town
      supervisor.
        6.  Salary  of additional supervisor. Such additional supervisor shall
      receive from the town a salary to be fixed by the town board.
        7. Powers and duties  of  supervisors  as  members  of  the  board  of
      supervisors.  Each  supervisor  from  such town shall be a member of the
      board of supervisors of the county in which such town is located and  as
      a  member of such board he shall have powers and duties co-ordinate with
      the powers and duties of the supervisors of other towns in  the  county,
      and  he  shall  receive from the county for all services in any official
    
      capacity the same salary and expenses as now or  hereafter  provided  by
      law for supervisors of other towns in such county.
        If  the supervisor from such a town be entitled to more than one vote,
      the total number of votes to which such town is  entitled,  without  any
      limitation  which  would  apply  to a single supervisor of such town and
      whether such number of votes be more or less than one-half of the  total
      number  of  such  votes  of such board, shall be divided equally between
      such supervisors of such town.