1995-50
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Cite as N.Y. Op. Att'y Gen. No. 1995-50
MUNICIPAL HOME RULE LAW §§ 10(1)(ii)(a)(1) and (d)(3), 23(2)(e);
TOWN LAW § 24-a.
A town board may reduce the term of its supervisor from four
to two years by local law subject to mandatory referendum.
October 25, 1995
Theodore Drew, Esq.
Informal Opinion
Town Attorney
No. 95-50
Town of Thompson
P. O. Drawer 1069
Monticello, NY 12701
Dear Mr. Drew:
You have indicated that your town has adopted a resolution,
subject to referendum, to increase the term of office of the
supervisor from two to four years. Action was taken under
section 24-a of the Town Law. You have asked, if the electors of
the town approve this change, whether the town board at a future
date can take action to return to the two-year term and what
procedure should be followed in order to reduce the term.
Section 24-a of the Town Law authorizes a town board to
adopt a resolution, subject to referendum, to increase the term
of an elective town officer to four years. We have not found nor
are we aware of any provision of the Town Law which authorizes a
reduction of a four-year term to two years.
In our view, the town board may enact a local law to reduce
the term of the supervisor. Local governments, including towns,
are authorized to enact local laws, which are consistent with the
Constitution and general State laws, in relation to the terms of
office of their officers and employees. Municipal Home Rule Law
§ 10(1)(ii)(a)(1). In that the Town Law is silent in relation to
the reduction of the term of elected town officers, we see no
inconsistency between such a local law and provisions of any
general State law. In any event, we note that towns by local law
are authorized to amend or supersede provisions of the Town Law
dealing with subjects that fall within the scope of their home
rule authority. Id., § 10(1)(ii)(d)(3). A local law reducing
the term of an elective officer is subject to a mandatory
referendum. Municipal Home Rule Law § 23(2)(e). Any reduction
cannot be applied to current terms but must be prospective.
People ex rel. Eldred v Palmer, 154 NY 133 (1897); 1976
Op Atty Gen (Inf) 110, 112; 1974 Op Atty Gen (Inf) 75, 77.
2
We conclude that a town board may reduce the term of its
supervisor from four to two years by local law subject to
mandatory referendum.
The Attorney General renders formal opinions only to
officers and departments of State government. This perforce is
an informal and unofficial expression of the views of this
office.
Very truly yours,
JAMES D. COLE
Assistant Attorney General
in Charge of Opinions