[Adopted 1-24-1955 by L.L. No. 1-1955;
amended in its entirety 8-10-1987 by L.L. No. 4-1987]
Section 43 of the Village Law as last amended
by Chapter 734 of the Laws of 1954, effective July 1, 1954,[1] is hereby amended to read as follows: "Section 43. Village
officers: mode of choosing; official years; terms of office. Every
village shall have a Mayor, not less than two trustees, a Treasurer
and a Clerk. Any village may have a Village Engineer, a Superintendent
of Public Works, a Village Auditor, a Street Commissioner, a Village
Justice and such other officers as the Board of Trustees shall determine.
The Board of Trustees by resolution may create the offices of Deputy
Clerk and Deputy Treasurer and, in any village in which the offices
of Clerk and Treasurer have been combined, the office of Deputy Clerk
and Treasurer, and may authorize the Clerk and the Treasurer or the
incumbent of the combined office, as the case may be, to appoint one
or more deputies. Any deputy so appointed shall have the same powers
and duties as are prescribed for deputies by the provisions of § 9
of the Public Officers Law and such other powers and duties not inconsistent
with his office as shall be determined by resolution of the Board
of Trustees. Except in such villages as are a part of a consolidated
health district, there shall be a Board of Health in each village,
consisting of the Board of Trustees of such village. The Mayor, trustees
and Village Justice shall be elective officers. All other village
officers shall be appointed by the Board of Trustees. An official
year begins at noon on the first Monday in the month following the
annual election and ends at noon on the same Monday in the next calendar
year. The term of office of the Village Engineer, Superintendent of
Public Works, Village Auditor. Street Commissioner, Inspectors of
Election and any other village officer for whom no other term is herein
provided shall be one official year; in the Village of East Rockaway,
the Treasurer and Clerk shall serve for two official years. The Mayor
and each trustee of the Village of East Rockaway shall serve for four
years; in order to provide a uniform method of selecting the Mayor
and trustees so that elections may be held in alternate years, the
method of electing a Mayor and Board of Trustees of the Village of
East Rockaway shall be as follows: A Mayor and two trustees shall
be elected at the annual village election in March 1955, and the term
of such Mayor and two trustees shall commence at the beginning of
the official year following said regular village election and shall
be for four years. At the annual village election held in March 1956,
two trustees shall be elected to serve for a period of one year, and
whose term shall commence on the first Monday in the month following
the annual village election held in March 1956. Thereafter, two trustees
shall be elected at the annual village election to be held in March
1957, whose term shall be for a period of four years commencing with
the first Monday in the month following the annual village election
held in March 1957. Thereafter village elections in the Village of
East Rockaway shall be held in alternate years so that the Mayor and
trustees shall serve for a term of four years and the Mayor and trustees
shall be elected in alternate years as herein provided. The term of
office for a Village Justice shall be four official years, except
that any Village Justice in office when this section as hereby amended
takes effect, who has been elected for a term of four calendar years,
shall continue in office until the expiration of his term. At the
annual village election preceding the expiration of the term of office
of any such incumbent Village Justice, there shall be elected to such
office a successor of such incumbent Village Justice for a term to
commence upon the expiration of the term of such incumbent Village
Justice and end at noon on the first Monday in the month following
the annual village election in the fifth calendar year following,
and the successors of the Village Justice so elected shall be elected
for terms of four official years. Except as hereinbefore provided,
the term of office of each village officer begins at noon on the first
Monday in the month following the annual election. No person shall
be disqualified from holding office in a village by reason of the
fact that he or she holds any other public office."
[1]
Editor's Note: Village Law § 43,
as amended, was replaced by L. 1964, c. 740. See also Village Law,
§§ 3-300, 3-301 and 3-302.
