§ 20. Town officers. 1. (a) Every town of the first class shall have a\nsupervisor, four town council members, unless the number of council\nmembers shall have been increased to six or decreased to two as provided\nby this chapter, a town clerk, two town justices, a town superintendent\nof highways, one assessor, a receiver of taxes and assessments, as many\ntown police officers and such other employees as the town board may\ndetermine necessary for the proper conduct of the affairs of the town.\nThe supervisor, town counsel members, town clerk, town justices, town\nsuperintendent of highways and receiver of taxes and assessments in\nevery such town shall be elective. All other officers and employees in\nsuch a town shall be appointed by the town board, except as otherwise\nprovided by law. In any town in which a town police department has been\nestablished pursuant to law, or which town is a part of a county police\ndistrict, the town board may appoint not more than four civil officers\nwho shall possess all the powers and duties of constables in civil\nactions and proceedings only, and shall be paid no salary by the town\nboard but shall be entitled to collect the statutory fees allowed by law\nin such civil actions and proceedings. The clerk of the court of a town\nshall be employed and discharged from employment only upon the advice\nand consent of the town justice or justices.\n (b) Except as otherwise provided by law, every town of the second\nclass shall have a supervisor, two justices of the peace, two town\ncouncil members, a town clerk, a town superintendent of highways, three\nassessors, a collector, and, if there be no town police department, as\nmany constables as the town board may determine necessary. In any such\ntown in which a town police department has been established pursuant to\nlaw, the town board may appoint not more than four civil officers who\nshall possess all the powers and duties of constables in civil actions\nand proceedings only, except that the town board of the town of\nSouthold, county of Suffolk, may appoint four additional constables, who\nshall possess all the powers and duties of constables in civil and\ncriminal actions and proceedings, solely for the benefit of Fishers\nIsland located in such town; provided, however, that nothing in this\nparagraph shall be deemed to authorize such constables to carry, repair\nor dispose of a firearm unless the appropriate license therefore has\nbeen issued pursuant to section 400.00 of the penal law; and shall be\npaid no salary by the town board but shall be entitled to collect the\nstatutory fees allowed by law in such civil actions and proceedings.\nEvery town of the second class may have in addition such other employees\nas the town board may determine necessary for the proper conduct of the\naffairs of the town. The supervisor, justices of the peace, town council\nmembers, town clerk, town superintendent of highways, assessors and\ncollector in every such town shall be elected. All other town officers\nand employees in such a town shall be appointed by the town board,\nexcept as otherwise provided by law. Provided, however, that in a town\nhaving less than three hundred inhabitants according to the latest\nfederal census and having a taxable property valuation of less than one\nhundred thousand dollars according to the latest assessment roll, there\nshall be elected one justice of the peace for a term of four years and\none assessor for a term of two years, but no town council member.\nSuccessors to such officers shall be elected for like terms at the\nbiennial town election prior to the expiration of their terms of office.\nThe clerk of the court of a town shall be employed and discharged from\nemployment only upon the advice and consent of the town justice or\njustices.\n (c) Notwithstanding the provisions of this section or the provisions\nof any other general or special law, in the town of Smithtown in the\ncounty of Suffolk, a proposition
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