Section 17-1703-A. Filling of town offices; election of officers

1.  In any
  village as to which a town  is  created  to  be  coterminous  with  such
  village,  there  shall be submitted to the voters in such village at the
  November general election next  preceding  the  effective  date  of  the
  creation  of  such  town,  a  proposition  as  follows: "Shall the local
  government of      operate PRINCIPALLY AS A VILLAGE or PRINCIPALLY AS  A
  TOWN?"  Such  proposition  shall  be  presented so that the choice to be
  indicated by the voter shall be either "VILLAGE" or "TOWN".
    2. Upon the effective date of the creation of the town, the mayor  and
  the  board of trustees of such village shall constitute respectively the
  interim supervisor and town board of such town for  all  purposes  until
  their  successors  shall  have been elected and commenced their terms of
  office as hereinbelow provided for.  All  other  elected  and  appointed
  village officers shall constitute respectively and corresponding interim
  officers  of such town until their respective successors shall have been
  elected or appointed, as the case may be, and commenced their  terms  of
  office as hereinbelow provided for or as otherwise regularly provided by
  law.
    3.  In  any  case in which the proposition provided for in subdivision
  one of this section shall have resulted in favor of the local government
  operating principally as a  village,  the  holders  of  village  offices
  shall, from and after the effective date of the creation of the town, by
  virtue thereof also hold town offices, as follows:
    (a)  The mayor and the board of trustees shall constitute respectively
  the supervisor and the town board.
    (b) The assessor,  clerk  and  treasurer  of  the  village  shall  be,
  respectively,  the  assessor,  clerk  and receiver of taxes of the town,
  each for a term of office corresponding  to  the  term  of  the  village
  office,  and the office of superintendent of highways of such town shall
  be held by such officer or employee of the village as the village  board
  shall designate by resolution.
    (c)  Each village justice shall be apppointed to fill a vacancy in the
  office of town justice, and if there shall have been  only  one  village
  justice  in  such village, then the village board shall appoint a second
  town justice to serve for the remainder of  the  then  current  calendar
  year  and  the office of acting village justice in such village, if any,
  shall be thereupon abolished.  The term of any  then  incumbent  village
  justice who shall become a town justice hereunder shall terminate at the
  end of the then current calendar year, notwithstanding that such justice
  may  originally  have been appointed or elected as a village justice for
  some longer term. Town justices shall be elected  at  the  next  ensuing
  village election for the remainder of the unexpired terms and thereafter
  at  village elections for the terms of office regularly provided by law,
  and each town justice shall enter upon and commence his term  of  office
  at  the  January  first  next  following  his election. All elections of
  officers thereafter to be held shall be village elections, to be held in
  the same manner and at the same times as otherwise provided by  law  for
  the  election  of  village  officers,  and  there  shall  be no separate
  election of any town officers, except  as  provided  above  herein  with
  respect to town justices.
    4.  In  any  case in which the proposition provided for in subdivision
  one of this section shall have resulted in favor of the local government
  operating principally as a town, then, at the regular  village  election
  next ensuing, all offices to be filled thereat shall be filled for terms
  to end at the conclusion of the then current calendar year.  The term of
  office  of  each  other  elected  village  office  shall also end at the
  conclusion of said then current calendar year, notwithstanding that  any
  such term of office originally extended beyond such date. The offices of

  supervisor,  four  town councilmen and two town justices shall be filled
  by election as hereinafter provided at  the  November  general  election
  next  following  the  effective  date  of the creation of such town; all
  other  town offices shall be appointive. The election of the supervisor,
  councilmen and justices shall be for terms of office as follows:
    (a) If such election is held in an odd-numbered year, then the term of
  office for supervisor shall be the term regularly provided by  law;  the
  terms of office for two councilmen shall be the terms regularly provided
  by  law  and  the  terms for the other two councilmen shall be two years
  each; the term for each justice shall be the term regularly provided  by
  law.  Upon  the  expiration of the two year term for councilmen as above
  provided, the terms for such offices shall be as regularly  provided  by
  law.
    (b)  If  such election is held in an even-numbered year, then the term
  of office for supervisor shall be one year;  the  terms  of  office  for
  councilmen  shall be one year for two councilmen and three years for the
  other two councilmen and the terms of office for each justice  shall  be
  for  the  remainder of the then unexpired terms. Thereafter, each office
  shall be filled for the term regularly provided by law.
    5. In any case in which the proposition provided  for  in  subdivision
  one of this section shall have resulted in favor of the local government
  operating  principally  as  a  town,  then  each town officer elected or
  appointed as provided in subdivision  four  shall  constitute  also  the
  corresponding  village  officer,  and  no  separate  election of village
  officers shall thereafter be held.  All elections of town officers shall
  be held in the manner and at the times regularly provided by law for the
  election of town officers.
    6. Nothing contained in this section shall diminish the power  of  the
  board of trustees pursuant to section 3-302 of this chapter or any other
  provision of law.