- Consolidated Laws - Village
ARTICLE 3
OFFICERS AND ELECTIONS
Section 3-300 Eligibility for election or appointment to, and
continuance in office.
3-301 Village officers.
3-302 Official year, terms of office, extension or reduction of
terms, biennial elections.
3-303 Additional village justices in certain villages.
3-304 Changing number of trustees.
3-306 Official undertakings.
3-308 Separate boards of commissioners.
3-310 Abolition of separate or municipal boards.
3-312 Filling of offices and vacancies by election or
appointment.
S 3-300 Eligibility for election or appointment to, and continuance in
office. 1. In addition to any other legal requirements or prohibitions,
no person shall be eligible to be elected or appointed as mayor, trustee
or member of any board or commission, and, no person, if elected or
appointed to such office, shall be eligible to continue to serve
therein, who is not a citizen of the United States of America, at least
eighteen years of age, and a resident of the village.
2. No person shall be eligible to be appointed to or to hold any other
village office who: is not a citizen of the United States; is not at
least eighteen years of age; except as may otherwise be provided by law,
is not a village resident; and, if eligibility to or holding of such
office is subject to regulation under the civil service law or any other
law, does not meet the requirements of such law or laws. Notwithstanding
any other provisions of law to the contrary; (a) the board of trustees
of a village may provide, in lieu of any other residency requirement
imposed by law, that any appointed village officer may reside within a
county in which the village is wholly or partially situated, (b) the
board of trustees of a village with a population of less than three
thousand may provide, in lieu of any other residency requirement imposed
by law, that the village justice may reside within a county in which the
village is wholly or partially situate.
3. No person shall simultaneously hold an elective and an appointive
village office except that: not more than two members of the board of
trustees may be members of each board and commission; members of the
board of trustees may be single commissioners in charge of village
departments except as provided in the zoning article in this chapter.
4. Except as is otherwise provided by law, no person shall be
disqualified from holding a village office by reason of holding any
public office unless such public officer could not fully discharge the
duties and obligations of the village office while carrying out the
duties and obligations of any such other office.
* 5. Notwithstanding any provisions of this chapter or any other
general law, local law, ordinance or special act, the village board of
trustees of the incorporated village of Croton-on-Hudson, Westchester
county, may, by resolution, provide that the village clerk of the
village of Croton-on-Hudson, Westchester county, need not be a resident
of said village but must be a resident of New York state.
* NB (Expired first Monday of the month following general village
election, 1980)
6. Notwithstanding any provisions of this chapter or any other general
law, local law, ordinance or special act, the village board of trustees
of the incorporated village of New Square, Rockland county, may, by
resolution, provide that the village justice of the village of New
Square, Rockland county, need not be a resident of said village but must
be a resident of New York state.
7. Notwithstanding any provisions of this chapter or any other general
law, local law, ordinance or special act, the village board of trustees
of the incorporated village of Russell Gardens, Nassau county, may, by
resolution, provide that the village clerk and deputy clerk of the
village of Russell Gardens, Nassau county, need not be a resident of
said village, but must be a resident of New York state.
8. Notwithstanding any provisions of this chapter or any other general
law, local law, ordinance or special act, the village board of trustees
of the incorporated village of New Paltz, Ulster county, may, by
resolution, provide that the village clerk-treasurer and deputy
clerk-treasurer of the village of New Paltz, Ulster county, need not be
a resident of said village, but must be a resident of New York state.
9. Notwithstanding any provisions of this chapter or any other general
law, local law, ordinance or special act, the village board of trustees
of the incorporated village of West Haverstraw, Rockland county, may, by
resolution, provide that the village clerk, village justice and the
village treasurer of such village, need not be residents of said
village, but must be residents of New York state.
10. Notwithstanding any provisions of this chapter or any other
general law, local law, ordinance or special act, the village board of
trustees of the incorporated village of Saltaire, Suffolk county, may,
by resolution, provide that any appointed village officer of the village
of Saltaire, Suffolk county, need not be a resident of said village, but
must be a resident of New York state.
11. Notwithstanding any provisions of this chapter or any other
general law, local law, ordinance or special act, the village board of
trustees of the incorporated village of Penn Yan, Yates county, may, by
resolution, provide that the office of justice court clerk of such
village may be held by a person who is not a resident of such village,
provided that such person resides in the county of Yates or a county
which adjoins the county of Yates.
12. Notwithstanding any provisions of this chapter or any other
general law, local law, ordinance or special act, the village board of
trustees of the incorporated village of Arkport, Steuben county, may, by
resolution, provide that the office of clerk/treasurer of such village
may be held by a person who is not a resident of such village, provided
that such person resides in the county of Steuben or a county which
adjoins the county of Steuben.
13. Notwithstanding any provisions of this chapter or any other
general law, local law, ordinance or special act, the village board of
trustees of the incorporated village of Goshen, Orange county, may, by
resolution, provide that the office of treasurer of such village may be
held by a person who is not a resident of such village, provided that
such person resides within the county in which such village is located
or in an adjoining county within the state of New York.
14. Notwithstanding any provisions of this chapter or any other
general law, local law, ordinance or special act, the village board of
trustees of the incorporated village of Aurora, Cayuga county, may, by
resolution, provide that the office of treasurer of such village may be
held by a person who is not a resident of such village, provided that
such person resides within the county in which such village is located
or in an adjoining county within the state of New York.
15. Notwithstanding any provisions of this chapter or any other
general law, local law, ordinance or special act, the village board of
trustees of the incorporated village of Islandia, Suffolk county, may,
by resolution, provide that the office of village justice of such
village may be held by a person who is not a resident of such village,
provided that such person resides within the county in which such
village is located or in an adjoining county within the state of New
York.
S 3-301 Village officers. 1. Every village shall have the following
officers:
a. a mayor;
b. four trustees, except that the board of trustees of a village may
change the number of trustees as authorized by section 3-304 of this
article;
c. a treasurer;
d. a clerk.
2. Any village may have the following officers:
a. except as provided in section 3-303 of this article, no more than
two village justices, but in the event a village has one justice, it
shall also have an acting justice who shall serve when requested by the
village justice or in the absence or inability of the village justice to
serve. The office of village justice is continued in every village in
which it is now established. The board of trustees of any other village
may establish such office by resolution or local law, subject to a
permissive referendum. The board of trustees of any village by
resolution or local law, subject to permissive referendum, may abolish
such office, but to take effect only upon the expiration of the then
current term of such office, or establish the office of additional
village justices, which justice once elected shall have all the powers
and duties of a village justice. The resolution or local law in the
latter case shall provide for a term pursuant to section 3-302 of this
article.
b. assessor or assessors, provided, however, that the board of
trustees by resolution or local law may consolidate the offices of
clerk, treasurer, and assessor or any two of such offices. The board of
trustees may also determine, by local law or resolution, that such board
of trustees shall act as the board of assessors or may appoint such
board from their members. Notwithstanding the foregoing provisions of
this paragraph, a village which has enacted a local law as provided in
subdivision three of section fourteen hundred two of the real property
tax law shall not have an assessor or assessors in any year in which
such local law is in effect.
c. such other officers, including deputies, as the board of trustees
shall determine, provided, however, that the board of trustees by
resolution or local law may consolidate the offices of deputy clerk, and
deputy treasurer.
3. The mayor, trustees and village justices shall be elective
officers. All other officers shall be appointed by the mayor, subject to
the approval of the board of trustees.
4. The mayor and the trustees of a village shall constitute the board
of trustees thereof.
S 3-302 Official year, terms of office, extension or reduction of
terms, biennial elections. 1. An official year begins at noon on the
first Monday in the month following the date of the general village
election or the date such an election would have been held had elections
been held annually.
2. The term of office of each elective village officer shall commence
at the start of the official year following his election; the term of
office of each officer appointed at the annual meeting of the board of
trustees shall commence at the start of the official year in which he is
appointed; and the term of office of each officer appointed at any other
time shall commence at the time of his appointment.
3. Except as is otherwise provided herein or in this chapter, the term
of office of mayor, each trustee, treasurer and clerk shall be two
official years and the term of office of village justice shall be four
official years.
If the board of trustees of any village establishes a second office of
village justice pursuant to section 3-301 of this article or a third
office of the village justice pursuant to section 3-303 of this article
the resolution or local law therefor may provide for a single term of
one, two or three years for such second or third village justice who
shall serve a single term of one, two or three years, as provided in
such resolution or local law, commencing on the first day of the
official year following his election in order to provide that village
justices shall thereafter be elected every two years. The successor of
such justice shall thereafter be elected for a full four year term.
3-a. Notwithstanding the provisions of this chapter or any special or
local law to the contrary, the board of trustees of the village of
Spring Valley, instead of providing for the election of the successor of
the village justice in the village of Spring Valley whose term expires
at noon on the second day of April, nineteen hundred seventy-nine, may,
by resolution of said board, provide for a single term of eight months
for the office of village justice in said village, which term shall
commence at noon on the second day of April, nineteen hundred
seventy-nine, and shall expire at noon on the third day of December,
nineteen hundred seventy-nine. In such case, the mayor shall appoint a
village justice for such term, subject to approval of the board of
trustees. The successor of such justice shall thereafter be elected for
a full four year term.
3-b. Notwithstanding the provisions of this chapter or any special or
local law to the contrary, the board of trustees of the village of
Scotia, instead of providing for the election of the successor of the
village justice in the village of Scotia whose term expires at noon on
the fifth day of April, nineteen hundred eighty-two, may, by resolution
of said board, provide for a single term of eight months for the office
of village justice in said village, which term shall commence at noon on
the fifth day of April, nineteen hundred eighty-two, and shall expire at
noon on the sixth day of December, nineteen hundred eighty-two. In such
case, the mayor shall appoint a village justice for such term, subject
to approval of the board of trustees. The successor of such justice
shall thereafter be elected for a full four year term.
3-c. Notwithstanding the provisions of this chapter or any special or
local law to the contrary, the board of trustees of the village of
Gouverneur may appoint a village justice to serve from the date of such
appointment to December seventh, nineteen hundred eighty-seven. A
successor to such justice shall be elected at the general election to be
held in November of nineteen hundred eighty-seven, to hold office for a
term of four years to commence on December seventh, nineteen hundred
eighty-seven and to end on December second, nineteen hundred ninety-one.
Thereafter, the election of the village justice in the village of
Gouverneur shall be held at the general election to be held in November
of the year in which the term of office of such village justice shall
expire.
3-d. Notwithstanding the provisions of this chapter or any special or
local law to the contrary, the board of trustees of the village of
Potsdam may appoint a village justice to serve from the date of such
appointment to December fifth, nineteen hundred eighty-eight. A
successor to such justice shall be elected at the general election to be
held in November of nineteen hundred eighty-eight, to hold office for a
term of four years to commence on December fifth, nineteen hundred
eighty-eight and to end on December seventh, nineteen hundred
ninety-two. Thereafter, the election of the village justice in the
village of Potsdam shall be held at the general election to be held in
November of the year in which the term of office of such village justice
shall expire.
3-e. Notwithstanding the provisions of this chapter or any special or
local law to the contrary, the board of trustees of the village of East
Hills, Nassau county, may, by resolution of said board, provide for the
appointment to the office of village justice in said village, which term
shall commence at noon on the third day of April, nineteen hundred
eighty-nine, and shall expire at noon on the first Monday in April,
nineteen hundred ninety-one. In such case, the mayor shall appoint a
village justice for such term, subject to approval of the board of
trustees. Thereafter, the election of the village justice in the
village of East Hills, Nassau county, shall be held at the general
election to be held in March, nineteen hundred ninety-one and continuing
thereafter, the successor of such justice shall be elected for a four
year term of office.
3-f. a. Notwithstanding the provisions of this chapter or any special
or local law to the contrary, the board of trustees of the village of
Massena, St. Lawrence county, may, by resolution of said board, provide
for the appointment to the office of village justice in said village,
which term shall commence at noon on the third day of April, nineteen
hundred eighty-nine, and shall expire at noon on April second, nineteen
hundred ninety. In such case, the mayor shall appoint a village justice
for such term, subject to approval of the board of trustees. Thereafter,
the election of the village justice in the village of Massena, St.
Lawrence county, shall be held at the general election to be held in
March, nineteen hundred ninety, and continuing thereafter, the successor
of such justice shall be elected for a four year term of office.
b. Notwithstanding the provisions of this chapter or any special or
local law to the contrary, the board of trustees of the village of
Massena, St. Lawrence county, may, by resolution of said board, provide
for the extension of the current term of office of the village justice
of said village to expire at noon on December fifth, nineteen hundred
ninety-four. Thereafter, the election of the village justice in the
village of Massena, St. Lawrence county, shall be held at the general
election to be held in November, nineteen hundred ninety-four, and
continuing thereafter, the successor of such justice shall be elected
for a four year term of office.
3-g. Notwithstanding the provisions of this chapter or any special or
local law to the contrary, the board of trustees of the village of Mill
Neck, Nassau county, may, by resolution of said board, provide for the
election to the office of village justice in said village, which term
shall commence at noon on the first Monday of July, nineteen hundred
ninety-four, and shall expire at noon on the first Monday in July,
nineteen hundred ninety-seven. In such case, the election of the village
justice of the village of Mill Neck, Nassau county, for such term, shall
be held at the general election to be held on the third Tuesday of June,
nineteen hundred ninety-four. Thereafter, the election of the village
justice in the village of Mill Neck, Nassau county, shall be held at the
general election to be held on the third Tuesday of June, nineteen
hundred ninety-seven and continuing thereafter, the successor of such
justice shall be elected for a four year term of office.
3-h. Notwithstanding any provisions of this chapter or any other
general law, ordinance or special act, the village board of trustees of
the incorporated village of Greenport in the county of Suffolk may, by
resolution or local law subject to mandatory referendum, abolish the
office of village justice.
4. The terms of office of any other village officer for whom no other
term of office is provided in this chapter shall be one official year or
the remaining portion thereof; provided, however, that any officer
permanently appointed to an office classified in the competitive class
of the civil service shall hold such office for an indeterminate term
subject to the provisions of the civil service law.
5. Four year terms for mayor and trustees. a. The board of trustees,
by resolution or local law subject to permissive referendum, may extend
to four years the term of office of mayor, the terms of office for all
trustees, or the terms of office of mayor and all trustees. If such
resolution or local law shall become effective, the offices, the term or
terms of which have been extended, shall thereafter, except as is
otherwise provided in subdivision seven of this section, be filled for
terms of four years commencing at the beginning of the official year
following the next general village election at which such offices are to
be filled. No such resolution or local law, however, shall become
effective within thirty days prior to a general village election.
b. The board of trustees of any village which has adopted the four
year term of office for mayor, for all trustees, or for mayor and all
trustees, by resolution or local law and subject to permissive
referendum, may at any time thereafter reduce to two years the term of
office of mayor, the term of office of all trustees, or the terms of
office of mayor and all trustees. If such resolution or local law shall
become effective, the offices, the term or terms of which have been
reduced, shall thereafter, except as is otherwise provided in
subdivision seven of this section, be filled for terms of two years
commencing at the beginning of the official year following the next
general village election at which such offices are to be filled. No such
resolution or local law, however, shall become effective within thirty
days prior to a general village election. 6. Four year terms for
treasurer and clerk. a. The board of trustees of any village in which a
resolution or local law has been adopted pursuant to the provisions of
this section extending the term of office of the mayor and trustees to
four years, by resolution or local law and subject to permissive
referendum, may extend to four years the term or terms of office of the
treasurer or clerk or both, except that the first term shall be of the
required number of years so that it shall expire at the end of the term
of office of the mayor then in office. If such resolution or local law
shall become effective, the offices, the term or terms of which have
been extended, shall thereafter be filled for terms of four years,
commencing at the expiration of the term of office of the treasurer or
clerk or both in office at the time the resolution or local law is
adopted.
b. The board of trustees of any village which has adopted the four
year term of office for treasurer or clerk or both, by resolution or
local law and subject to permissive referendum may at any time
thereafter reduce to two years the terms of office of the treasurer or
clerk or both except that the first term shall be of the required number
of years so that it shall expire at the end of the term of office of the
mayor then in office. If such resolution or local law shall become
effective, the offices, the term or terms of which have been reduced,
shall thereafter be filled for terms of two years, commencing at the
expiration of the term of office of the treasurer or clerk or both in
office at the time the resolution is adopted.
7. Biennial elections. a. The board of trustees of any village which
has provided that the terms of office of all trustees, or the terms of
office of mayor and all trustees shall be four years, may, subject to
permissive referendum, adopt a separate resolution or local law
providing that general village elections shall be held biennially in the
odd numbered years or in the even numbered years, as they shall
determine, or may include in any resolution or local law providing that
the terms of office of all trustees, or the terms of office of mayor and
all trustees shall be four years, a provision that general village
elections shall be held biennially in the odd numbered years or in the
even numbered years. No such resolution or local law, however, shall
become effective within thirty days prior to a general village election.
b. If such resolution or local law shall become effective between a
general village election in an even numbered year and thirty days prior
to a general village election in the next odd numbered year and shall
provide that general village elections shall be held in the even
numbered years, the successor to a police justice, mayor or trustee
whose term of office expires in an odd numbered year shall, at the
general village election preceding the expiration of such term of
office, be elected for a single three year term and their successors
shall thereafter be elected for terms of four years.
c. If such resolution or local law shall become effective between a
general village election in an even numbered year and thirty days prior
to a general village election in the next odd numbered year and shall
provide that general village elections shall be held in the odd numbered
years, the successor to a police justice, mayor or trustee whose term of
office expires in an even numbered year shall, at the general village
election preceding the expiration of such term of office, be elected for
a single five year term and their successors shall thereafter be elected
for terms of four years.
d. If such resolution or local law shall become effective between a
general village election in an odd numbered year and thirty days prior
to a general village election in the next even numbered year and shall
provide that general village elections shall be held in the odd numbered
year, the successor to a police justice, mayor or trustee whose term of
office expires in an even numbered year shall, at the general village
election preceding the expiration of such term of office, be elected for
a single three year term and their successors shall thereafter be
elected for terms of four years.
e. If such resolution or local law shall become effective between a
general village election in an odd numbered year and thirty days prior
to a general village election in the next even numbered year and shall
provide that general village elections shall be held in the even
numbered years, the successor to a police justice, mayor or trustee
whose term of office expires in an odd numbered year shall, at the
general village election preceding the expiration of such term of
office, be elected for a single five year term and their successors
shall thereafter be elected for terms of four years.
f. The board of trustees of any village which has provided that
general village elections shall be held biennially and shall
subsequently provide by resolution or local law adopted pursuant to
subdivision five of this section that the terms of office of all
trustees, or the terms of office of mayor and all trustees shall be two
years, shall also provide in said resolution or local law that general
village elections shall be held annually and shall further provide
therein that if the general village elections under the biennial
elections had been held in the odd numbered years, all trustees, or the
mayor and all trustees to be elected in the first odd numbered year
after the adoption of the resolution or local law shall be elected for a
single three year term and their successors shall thereafter be elected
for a term of two years and that all trustees, or the mayor and all
trustees to be elected in the second odd numbered year after the
adoption of the resolution or local law shall be elected for a two year
term and their successors shall also be elected for a term of two years.
g. The board of trustees of any village which has provided that
general village elections shall be held biennially and shall
subsequently provide by resolution or local law adopted pursuant to
subdivision five of this section that the terms of office of all
trustees, or the terms of office of mayor and all trustees shall be two
years shall provide in said resolution or local law that general village
elections shall be held annually and shall further provide therein that
if the general village elections under the biennial elections had been
held in the even numbered years, all trustees, or the mayor and all
trustees to be elected in the first even numbered year after adoption of
the resolution or local law shall be elected for a single three year
term and their successors shall thereafter be elected for a term of two
years and that all trustees, or the mayor and all trustees to be elected
in the second even numbered year after the adoption of the resolution or
local law shall be elected for a two year term and their successors
shall also be elected for a term of two years.
S 3-303 Additional village justices in certain villages. At least one
hundred fifty days prior to any village general election and subject to
a permissive referendum, as provided by article nine of this title, the
board of trustees of the following villages may adopt a resolution
determining that such village shall have three village justices with the
third village justice to be elected by the electors at the next village
general election to begin serving a term of office beginning at the
start of the official year next succeeding such village general
election:
The village of Spring Valley in Rockland county.
S 3-304 Changing number of trustees. The board of trustees by
resolution or local law, subject to permissive referendum, may change
the number of trustees. Such action shall be in accordance with the
following:
a. If the number of trustees be increased, the additional trustees
shall be elected at the next general village election when trustees are
regularly scheduled to be elected. At that election half of the
additional trustees shall be elected for a single term equal to half of
the full term for which said office is regularly scheduled to be filled
and the other half for a full such term. At all subsequent general
village elections such offices shall be filled for full terms.
b. If the number of trustees be reduced, no trustees shall be elected,
other than to fill an unexpired term, until by expiration of terms of
office the number of trustees in office shall equal that prescribed by
such resolution. Thereafter at the next general village election
one-half of such prescribed number of trustees shall be elected for a
single term equal to half of the full term for which said office is
regularly scheduled to be filled and the other half of such trustees
shall be elected for a full term. At all subsequent general village
elections such offices shall be filled for full terms.
S 3-306 Official undertakings. The board of trustees on behalf of the
village or the board in control of a village owned utility plant shall
post an official undertaking in such sum and form, and with such
sureties as the board of trustees or the board in control of the village
owned utility plant shall direct and approve for the treasurer, clerk,
village justice, acting village justice, and such other officers and
employees as may be required by the board of trustees, or by the board
in control of a village owned utility plant. The board of trustees may
by resolution determine that such undertaking shall be executed by a
surety company authorized to transact business in this state and that
the expense thereof shall be a charge upon the village. The board in
control of a village owned utility plant may by resolution determine
that such undertaking shall be executed by a surety company authorized
to transact business in this state and that the expense thereof shall be
paid from the proceeds of the operation of such utility plant.
S 3-308 Separate boards of commissioners. 1. The board of trustees may
establish or abolish a board or boards of fire, ambulance, water, light,
sewer, park or cemetery commissioners or a single municipal board having
the powers, duties and responsibilities of two or more such separate
boards.
2. The board of trustees may also establish or abolish a separate
board of police commissioners.
3. The board of trustees shall establish the composition, powers,
duties and responsibilities of each board of commissioners and may, from
time to time, amend same.
4. Any board established hereunder shall be composed of not less than
three members, who shall perform their duties subject to the approval of
the board of trustees.
5. The mayor, subject to the approval of the board of trustees, shall
appoint the members of any board of commissioners and the first
appointments of members thereto shall be for terms so fixed that at
least one will expire at the end of each official year commencing at the
end of the current such year and continuing in succeeding year until the
entire original appointments run out. No such term shall exceed five
years.
6. Commencing with the first annual meeting following the
establishment of any such board, and continuing annually thereafter,
successors to former appointees, the term of whose offices have then
expired, shall be appointed for a full term. The length of such term
shall be determined by the board of trustees but in no event shall
exceed five years.
7. A person who has been convicted of arson in any degree shall not be
eligible for appointment to any board of fire commissioners. Any fire
commissioner who is convicted of arson in any degree during his term of
office shall be disqualified from completing such term of office.
8. The board of trustees may also abolish any such board or boards
established under any prior provision of law. If not so abolished such
board or boards shall continue and the commissioners thereof shall
continue in office during their respective terms.
9. Any action of the board of trustees hereunder establishing,
relating to or abolishing any such board or fixing the terms of office
of the members thereof shall be by resolution or local law adopted at a
regular meeting by a majority vote of the entire board. No such action
shall be taken unless a public hearing has first been held of which at
least ten days public notice shall have been given by publication in the
official village newspaper, or, if there be none, in a newspaper of
general circulation in the village.
S 3-310 Abolition of separate or municipal boards. If a resolution or
local law is adopted by the board of trustees abolishing any separate
board, the abolition of such board or boards shall take effect
immediately. The clerk of the village shall forthwith notify the
members of such board or boards in writing and they shall within ten
days deliver to the clerk of the village its records, books and papers;
and shall also within the same time deliver to the treasurer all funds,
and to the mayor all other property in its possession or under its
control.
S 3-312 Filling of offices and vacancies by election or appointment.
1. Elective offices shall be filled at the general village election next
preceding the expiration of the terms thereof.
2. Appointive offices shall be filled at the annual meeting
immediately following the expiration of the terms thereof or, in the
case of newly established offices, at the time of the establishment
thereof.
3. Vacancies in offices caused other than by expiration of the terms
thereof shall be filled by the mayor, except the office of mayor which
shall be filled by the board of trustees, to the extent and for the
periods of time set forth herein:
a. In appointive offices for the balance of unexpired terms
b. In elective offices as follows:
(1) If such vacancy occurs at least seventy-five days prior to the
third Tuesday of the month preceding the end of the current official
year, for the balance of such year.
(2) If such vacancy occurs less than seventy-five days prior to the
third Tuesday of the month preceding the end of the current official
year, for the balance of the year and, if the term of office does not
expire at the end of such year, by further appointment to the end of the
next official year.
4. Elective offices, which have been filled by appointment for part of
the unexpired terms thereof shall further be filled for the remaining
part of such terms by election at the general village election, if any,
regularly scheduled to be held prior to the end of the period of such
appointment. In the event no general village election is scheduled, a
special village election shall be held on the third Tuesday of the month
preceding the end of the period of such appointment. Such special
elections shall be noticed, held and conducted in the same manner as a
general village election. 5. A village trustee shall be eligible for
appointment to fill a vacancy in the office of mayor. If a trustee shall
accept such appointment, his office as trustee shall be vacant.
6. The village clerk shall, within three days after the appointment of
a village officer, notify each person so appointed of his appointment
and the date thereof, and that, in order to qualify: he is required to
file his oath of office with such clerk together with proof by affidavit
of his eligibility to hold such office before entering upon the duties
thereof; and if an official undertaking be required by or in pursuance
of law, that he is also required to file the same with such clerk and
that upon his failure to do so he will be deemed to have declined the
office. In the case of a person appointed to fill a vacancy in the
position of village justice or acting village justice, such notice shall
further state that the filing of his oath with the county clerk of the
county and with the chief administrator of the courts is also required.
If an undertaking is required of a village officer after entering upon
the duties of his office, the clerk of the village shall thereupon serve
upon such officer, personally, a written notice that he is required to
file such undertaking with the clerk within ten days after the service
of the notice and that upon his failure to do so his office will become
vacant.
