Opn. No.

Frank J. Nebush, Jr., Esq. Town Attorney, Russia

As Town of Russia attorney, you request our opinion on the legality of the procedure followed in 1977 to reduce the size of the town board from five to three members through elimination of two councilmen and on how the membership can now be increased from three to five members by addition of two councilmen.

In 1977, pursuant to Town Law § 60-a subd 2, a resolution was adopted to reduce the number of councilmen on the town board. One of the offices was to be eliminated commencing January 1, 1978 (i.e., no election would be held in 1977 to fill…