CHAPTER 843
AN ACT to provide a municipal home rule law, constituting chapter
thirty-six-a of the consolidated laws
Became a law April 30, 1963, with the approval of the Governor.
Passed, on message of necessity, pursuant to article III, section 14 of
the Constitution, by a majority vote, three-fifths being present
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
MUNICIPAL HOME RULE LAW
Article 1. Short title; definitions. (S S 1-2)
2. General powers of local governments to adopt and amend local
laws; restrictions. (S S 10-11)
3. Procedure for adoption of local laws; referenda; filing and
publication. (S S 20-28)
4. Powers of counties and cities to adopt charters. (S S 30-38)
5. Requests of local governments for enactment of special laws
relating to their property, affairs or government. (S 40)
6. Legislative intent; construction; effective date. (S S 50-59)
ARTICLE 1
SHORT TITLE; DEFINITIONS
Section 1. Short title.
2. Definitions.
S 1. Short title. This chapter shall be known, cited and referred to
as the "municipal home rule law."
S 2. Definitions. As used in this chapter the following terms shall
mean or include:
1. "Charter." A state statute or a local law which establishes or
continues a specific county, city or village as a municipal corporation
or body politic and includes the fundamental provisions defining,
extending or limiting its corporate powers or affecting the framework of
its government.
2. "Charter amendment." A new charter or any change in an existing
charter presented as such under authority of this chapter or any state
statute or charter. A charter amendment may be of any extent and may
deal with any number of subjects.
3. "Clerk." The clerk of the board of supervisors of a county, the
clerk of a city, town or village or, if there be no officer so
designated, an officer exercising corresponding duties.
4. "Elective chief executive officer." The chief executive officer of
a county elected on a county-wide basis or if there be none the chairman
of the board of supervisors, the mayor of a city or village or the
supervisor of a town, where such officer is vested with power to approve
or veto local laws or ordinances.
5. "General law." A state statute which in terms and in effect applies
alike to all counties, all counties other than those wholly included
within a city, all cities, all towns or all villages.
6. "Law." A state statute, charter or local law.
7. "Legislative body." The board of supervisors, board of aldermen,
common council, council, commission, town board, board of trustees or
other elective governing board or body now or hereafter vested by state
statute, charter or other law with jurisdiction to initiate and adopt
local laws or ordinances, whether or not such local laws or ordinances
require the approval of the elective chief executive officer or other
official or body to become effective.
8. "Local government." A county, city, town or village.
9. "Local law." A law (a) adopted pursuant to this chapter or to other
authorization of a state statute or charter by the legislative body of a
local government, or (b) proposed by a charter commission or by
petition, and ratified by popular vote, as provided in article four of
this chapter or as provided in a state statute, charter or local law;
but shall not mean or include an ordinance, resolution or other similar
act of the legislative body or of any other board or body.
10. "New charter." A charter which supersedes or repeals an existing
charter in its entirety or in the manner provided in subdivision four or
subdivision five of section thirty-six of this chapter.
11. "Public corporation." A municipal corporation, a district
corporation or a public benefit corporation as defined in section three
of the general corporation law.
12. "Special law." A state statute which in terms and in effect
applies to one or more, but not all, counties, counties other than those
wholly included within a city, cities, towns or villages.
ARTICLE 2
GENERAL POWERS OF LOCAL GOVERNMENTS TO
ADOPT AND AMEND LOCAL LAWS; RESTRICTIONS
Section 10. General powers of local governments to adopt and amend local
laws.
11. Restrictions on the adoption of local laws.
S 10. General powers of local governments to adopt and amend local
laws. 1. In addition to powers granted in the constitution, the statute
of local governments or in any other law,
(i) every local government shall have power to adopt and amend local
laws not inconsistent with the provisions of the constitution or not
inconsistent with any general law relating to its property, affairs or
government and,
(ii) every local government, as provided in this chapter, shall have
power to adopt and amend local laws not inconsistent with the provisions
of the constitution or not inconsistent with any general law, relating
to the following subjects, whether or not they relate to the property,
affairs or government of such local government, except to the extent
that the legislature shall restrict the adoption of such a local law
relating to other than the property, affairs or government of such local
government:
a. A county, city, town or village:
(1) The powers, duties, qualifications, number, mode of selection and
removal, terms of office, compensation, hours of work, protection,
welfare and safety of its officers and employees, except that cities and
towns shall not have such power with respect to members of the
legislative body of the county in their capacities as county officers.
This provision shall include but not be limited to the creation or
discontinuance of departments of its government and the prescription or
modification of their powers and duties.
(2) In the case of a city, town or village, the membership and
composition of its legislative body.
(3) The transaction of its business.
(4) The incurring of its obligations, except that local laws relating
to financing by the issuance of evidences of indebtedness by such local
government shall be consistent with laws enacted by the legislature.
(5) The presentation, ascertainment, disposition and discharge of
claims against it.
(6) The acquisition, care, management and use of its highways, roads,
streets, avenues and property.
(7) The acquisition of its transit facilities and the ownership and
operation thereof.
(8) The levy and administration of local taxes authorized by the
legislature and of assessments for local improvements, which in the case
of county, town or village local laws relating to local non-property
taxes shall be consistent with laws enacted by the legislature.
(9) The collection of local taxes authorized by the legislature and of
assessments for local improvements, which in the case of county, town or
village local laws shall be consistent with laws enacted by the
legislature.
(9-a) The fixing, levy, collection and administration of local
government rentals, charges, rates or fees, penalties and rates of
interest thereon, liens on local property in connection therewith and
charges thereon.
(10) The wages or salaries, the hours of work or labor, and the
protection, welfare and safety of persons employed by any contractor or
subcontractor performing work, labor or services for it.
(11) The protection and enhancement of its physical and visual
environment.
(12) The government, protection, order, conduct, safety, health and
well-being of persons or property therein. This provision shall include
but not be limited to the power to adopt local laws providing for the
regulation or licensing of occupations or businesses provided, however,
that:
(a) The exercise of such power by a town shall relate only to the area
thereof outside the village or villages therein.
(b) Except in a case where and to the extent that a county is
specifically authorized to regulate or license an occupation or
business, the exercise of such power by a county shall not relate to the
area thereof in any city, village or area of any town outside the
village or villages therein during such time as such city, village or
town is regulating or licensing the occupation or business in question.
(13) The apportionment of its legislative body and, only in connection
with such action taken pursuant to this subparagraph, the composition
and membership of such body, the terms of office of members thereof, the
units of local government or other areas from which representatives are
to be chosen and the voting powers of individual members of such
legislative body. The power granted by this subparagraph shall be in
addition to and not in substitution for any other power and the
provisions of this subparagraph shall apply only to local governments
which adopt a plan of apportionment thereunder.
(a.) A plan of apportionment adopted under this subparagraph shall
comply with the following standards, which shall have priority in the
order herein set forth, to the extent applicable:
(i.) The plan shall provide substantially equal weight for all the
voters of that local government in the allocation of representation in
the local legislative body.
(ii.) In such plan adopted by a county, no town except a town having
more than one hundred and ten per cent of a full ratio for each
representative, shall be divided in the formation of representation
areas. Adjacent representation areas in the same town or city shall not
contain a greater excess in population than five per cent of a full
ratio for each representative.
(iii.) The plan shall provide substantially fair and effective
representation for the people of the local government as organized in
political parties.
(iv.) Representation areas shall be of convenient and contiguous
territory in as compact form as practicable.
(b.) A plan of apportionment adopted by a county under this
subparagraph may provide that mayors of cities or villages, supervisors
of towns or members of the legislative bodies of cities, towns, or
villages, who reside in the county shall be eligible to be elected as
members of the county legislative body.
(c.) As used in this subparagraph the term "population" shall mean
residents, citizens, or registered voters. A population base for such a
plan of apportionment shall utilize the latest statistical information
obtainable from an official enumeration done at the same time for all
the residents, citizens, or registered voters of the local government.
Such a plan may allocate, by extrapolation or any other rational method,
such latest statistical information to representation areas or units of
local government, provided that any plan containing such an allocation
shall have annexed thereto as an appendix, a detailed explanation of the
allocation.
(d.) Where a public hearing on a local law proposed to be adopted
under this subparagraph is required, by subdivision five of section
twenty of this chapter, to be held only before an elective chief
executive officer, the legislative body shall not adopt such proposed
local law until after a public hearing shall have been held thereon
before it, on notice as provided in such subdivision five, in which
event no public hearing thereon before such chief executive officer
shall be required.
(e) A local law proposed to be adopted under this subparagraph shall
be subject to referendum only in the manner provided by paragraph j of
subdivision two of section twenty-four of this chapter, except that such
local law shall be subject to a mandatory referendum in any county in
which a provision of law requires a mandatory referendum if a local law
proposes a change in the form or composition of the elective governing
body of the county. The local law may be so structured as to permit
separate submission of the principle elements (such as, multiple office
holding as in clause (b) above, the use of multiple member or floterial
districts in portions of the local government, and so forth) of the plan
and also may provide alternatives in the event one or more of these
separate submissions is rejected by the electorate.
(f.) Notwithstanding any inconsistent provisions of any general or
special law, or any local law, ordinance, resolution or city or county
charter heretofore or hereafter adopted, no local government may
restructure its local legislative body (pursuant to provision of this
chapter or any other provision of law) more than once in each decade
commencing with the year nineteen hundred seventy; provided, however,
that this prohibition shall not prevent the periodic adjustment of the
weight of the votes of representatives on the basis of current census,
voter, or other valid information where an existing plan distributes the
votes of representatives on such a basis.
(14) The powers granted to it in the statute of local governments.
b. A county:
(1) The adoption, amendment or repeal of a county charter pursuant to
article four of this chapter in addition to its powers under this
article.
(2) The establishment of a county tax department headed by a director
appointed by and serving at the pleasure of the board of supervisors,
which director shall, subject to authorization of such board (a) employ
necessary employees, (b) advise with and assist all assessors,
collectors and receivers of taxes of the various tax districts within
the county in the discharge of their duties, (c) assist in the
preparation of equalization rates with the various tax districts within
the county, (d) assist in the disposition and sale of real property
acquired by the county as the result of enforcement of unpaid taxes, and
(e) perform such other duties as shall be prescribed by such board.
(3) The assignment to and the performance by the chairman of the board
of supervisors of specified administrative functions, powers and duties
on behalf of such board, with provision for periodic reports to such
board, and with further provision that such local law shall not divest
such board of such functions, powers and duties.
(4) The creation of an office of administrative assistant to the
chairman of the board of supervisors and assignment to and performance
by such an assistant, under the general supervision of such chairman, of
specified administrative functions, powers and duties on behalf of such
board, with provision for periodic reports to such board, and with
further provision that such local law shall not divest such board of
such functions, powers and duties.
(5) The compensation to be paid from county funds to public officers
or employees who are not officers or employees of the county other than
members of the judiciary.
(6) The method for the correction of assessment rolls and tax rolls as
authorized by title three of article five of the real property tax law,
subject to review by the courts as provided by law.
(7) The protection or preservation of game, game birds, fish or shell
fish on county-owned lands.
(8) The control of floods or the conservation of soil.
(9) The reforestation of lands owned by the county.
(10) The eradication or prevention of bovine tuberculosis or other
infectious or communicable diseases affecting animals or fowls.
(11) The regulation or prohibition of the dumping of garbage, rubbish,
ashes or other waste material in or adjacent to creeks or streams in
watershed areas improved under any flood control or soil erosion
program.
c. A city:
(1) The revision of its charter or the adoption of a new charter by
local law adopted by its legislative body pursuant to the provisions of
this chapter and subject to the procedure prescribed by this chapter or
by local law adopted pursuant to article four of this chapter.
(2) The preparation, making, confirmation and correction of
assessments of real property and the review of such assessments subject
to further review by the courts as provided by law.
(3) The authorization, making, confirmation and correction of benefit
assessments for local improvements.
d. A town:
(1) The preparation, making, confirmation and correction of
assessments of real property and the review of such assessments subject
to further review by the courts as provided by law, consistent with laws
enacted by the legislature.
(2) The authorization, making, confirmation and correction of benefit
assessments for local improvements, consistent with laws enacted by the
legislature.
(3) The amendment or supersession in its application to it, of any
provision of the town law relating to the property, affairs or
government of the town or to other matters in relation to which and to
the extent to which it is authorized to adopt local laws by this
section, notwithstanding that such provision is a general law, unless
the legislature expressly shall have prohibited the adoption of such a
local law. Unless authorized by other state statute this subparagraph
shall not be deemed to authorize supersession of a state statute
relating to (1) a special or improvement district or an improvement
area, (2) creation or alteration of areas of taxation, (3) authorization
or abolition of mandatory and permissive referendum or (4) town finances
as provided in article eight of the town law; provided, however that
nothing set forth herein shall preclude the transfer or assignment of
functions, powers and duties from one town officer or employee to
another town officer or employee, and provided, however, further that
the powers of local legislation and appropriation shall be exercised by
the local legislative body.
e. A village:
(1) The preparation, making, confirmation and correction of
assessments of real property and the review of such assessments subject
to further review by the courts as provided by law, consistent with laws
enacted by the legislature.
(2) The authorization, making, confirmation and correction of benefit
assessments for local improvements.
(3) The amendment or supersession in its application to it, of any
provision of the village law relating to the property, affairs or
government of the village or to other matters in relation to which and
to the extent to which it is authorized to adopt local laws by this
section, notwithstanding that such provision is a general law, unless
the legislature expressly shall have prohibited the adoption of such a
local law.
2. Every local government also shall have power to adopt and amend
local laws where and to the extent that its legislative body has power
to act by ordinance, resolution, rule or regulation.
3. a. A grant of a specific power by this section to one or more local
governments shall not operate to restrict the meaning of a general grant
of power by this section to the same or any other local government or to
exclude other powers comprehended in such general grant.
b. The enumeration of powers in this section is not intended to imply
that any of such powers is not included within the power of a local
government to adopt and amend local laws in relation to its property,
affairs and government.
4. In the exercise of its powers to adopt and amend local laws, the
legislative body of a local government shall have power:
(a) To delegate to any officer or agency of such local government the
power to adopt resolutions or to promulgate rules and regulations for
carrying into effect or fully administering the provisions of any local
law and to authorize issuance of an appearance ticket by a public
servant who, by virtue of office, title or position is authorized or
required to enforce any statute, local law, ordinance, rule or
regulation relating to parking, licensing of occupations or businesses,
fire prevention and safety, health and sanitation, and building, zoning
and planning; provided however, that a peace officer may be authorized
to issue an appearance ticket relating to enforcement of any statue,
local law, ordinance, rule or regulation affecting the public health,
safety and welfare.
(b) To provide for the enforcement of local laws by legal or equitable
proceedings which are or may be provided or authorized by law, to
prescribe that violations thereof shall constitute misdemeanors,
offenses or infractions and to provide for the punishment of violations
thereof by civil penalty, fine, forfeiture or imprisonment, or by two or
more of such punishments, provided, however, that a local law adopted
pursuant to subdivision two of this section shall provide only for such
enforcement or punishment as could be prescribed if the action of the
legislative body were taken by ordinance, resolution, rule or
regulation, as the case may be.
(c) To enact as local law the provisions of any existing charter,
general law or special law, theretofore enacted, conferring a right,
power or authority, or imposing a duty or obligation, on such local
government, whether or not the same relate to its property, affairs or
government. Any such provision of law so re-enacted shall thereafter be
subject to be superseded by local law only to the same extent and in the
same manner as if the same had not been so re-enacted.
(d) In establishing the office of the head of a department of its
government, to provide that such an office shall be in the unclassified
service of the civil service and, in establishing the offices of one or
more deputies to the head of a department of its government with power
to act generally for and in place of their principals, to provide that
the positions of such deputies shall be in the exempt class of the civil
service.
5. Except in the case of a transfer of functions pursuant to the
constitution or under an alternative form of county government, a local
government shall not have power to adopt local laws which impair the
powers of any other public corporation.
S 11. Restrictions on the adoption of local laws. 1. Notwithstanding
any provision of this chapter, the legislative body shall not be deemed
authorized by this chapter to adopt a local law which supersedes a state
statute, if such local law:
a. Removes or raises any limitation of law on the amount in which the
local government may become indebted, or on the amount which may be
raised in any one fiscal year by tax for any or all purposes of such
local government provided, however, that if the total bonded
indebtedness of any city operating under the provisions of the second
class cities law is evidenced only by serial bonds payable in annual
installments, any such city may adopt a local law which shall provide
that the provisions of section seventy-two of the second class cities
law shall not be operative or applicable as to such city.
b. Removes a restriction of law relating to the issuance of bonds or
other evidences of indebtedness.
c. Applies to or affects the maintenance, support or administration of
the educational system in such local government, or a teachers` pension
or retirement system therein.
d. Except in the case of an alternative form of county government,
changes the number or term of office of the members of the county board
of supervisors chosen as such in a city or town.
e. Applies to or affects the courts as required or provided by article
six of the constitution.
f. Applies to or affects any provision of paragraph (c) of subdivision
one of section 8-100 of the election law, the labor law, sections two,
three and four of chapter one thousand eleven of the laws of nineteen
hundred sixty-eight, entitled "An act in relation to the maximum hours
of labor of certain municipal and fire district firemen and the holidays
of firemen and policemen, repealing certain sections of the labor law
relating thereto, and to amend the municipal home rule law, in relation
thereto," as amended, the volunteer firemen`s benefit law, or the
workmen`s compensation law or changes any provision of the multiple
residence law or the multiple dwelling law, except that in a city of one
million persons or more, the provisions of local law for the enforcement
of the housing code which is not less restrictive than the multiple
dwelling law may be applied in the enforcement of the multiple dwelling
law.
g. Applies to or affects powers of the state comptroller in relation
to auditing or examining municipal accounts or prescribing forms of
municipal accounting or in relation to approval or disapproval of
establishment or extension of fire districts or special districts.
h. Applies to or affects any provision of law providing for regulation
or elimination of railroad crossings at grade or terminal facilities
within the local government.
i. Relates to the judicial review of dismissals from the civil service
or, in the case of a county, changes a provision of law relating to the
membership of its civil service commission or to the terms of office of
the members of such commission or of the personnel officer administering
the provisions of the civil service law.
j. In the case of a city, transfers to abutting property owners its
liability for failure to maintain its sidewalks and gutters in a
reasonably safe condition.
2. Notwithstanding any provision of this chapter, the legislative body
of a county, city or village shall not be authorized by this chapter to
adopt any local law which:
a. Amends the charter of the county, city or village, as the case may
be, contrary to any provisions of such charter regulating its own
amendment. This provision shall not abridge the right of the people of a
county, city or village to amend their charter or approve a proposed new
charter, where such amendment or proposed new charter is subject to a
mandatory referendum.
b. The legislative body is by provision of the charter prohibited to
adopt.
3. Notwithstanding any provision of this chapter, any local law
adopted by a town board shall be effective and operative only in that
portion of such town outside of any village or villages therein except
in a case where the power of such town board extends to and includes the
area of the town within any such village or villages.
ARTICLE 3
PROCEDURE FOR ADOPTION OF LOCAL LAWS; REFERENDA;
FILING AND PUBLICATION
Section 20. Procedure for adoption of local laws by legislative body.
21. Approval of local laws by elective chief executive officer.
22. Effect of local laws on acts of legislature or prior local
laws or ordinances.
23. Local laws subject to mandatory referendum.
24. Local laws subject to referendum on petition.
25. Propositions for the submission of local laws.
26. Reconsideration of local law before submission to
referendum.
27. Filing and publication of local laws.
28. Law applicable to conduct of elections at which ballot
questions are submitted to all the voters of a city.
S 20. Procedure for adoption of local laws by legislative body. 1. No
local law shall be passed except by at least the majority affirmative
vote of the total voting power of the legislative body. On the final
passage of a local law the question shall be taken by ayes and noes, and
the names of the members present and their votes shall be entered in the
record, journal or minutes of proceedings.
2. The style of local law shall be "Be it enacted by the (naming the
legislative body) of the (name of local government) as follows:"
3. Every such local law shall embrace only one subject. The title
shall briefly refer to the subject matter. For purposes of this chapter,
a local law relating to codification or recodification of ordinances or
local laws into a municipal code shall be deemed to embrace only one
subject. As used herein codification or recodification shall include
amendments, deletions, repeals, alterations or new provisions in the
municipal code; provided, however, that the notice of public hearing
required by this section shall briefly describe the codification or
recodification.
4. A proposed local law may be introduced only by a member of the
legislative body at a meeting of such body or as may be otherwise
prescribed by the rules of procedure adopted by the legislative body.
No such local law shall be passed until it shall have been in its final
form and either (a) upon the desks or table of the members at least
seven calendar days, exclusive of Sunday, prior to its final passage, or
(b) mailed to each of them in postpaid properly addressed and securely
closed envelopes or wrappers in a post box or post office of the United
States post office department within the local government at least ten
calendar days, exclusive of Sunday, prior to its final passage, unless
the elective or appointive chief executive officer, if there be one, or
otherwise the chairman of the board of supervisors, in the case of a
county, the mayor in the case of a city or village or the supervisor in
the case of a town shall have certified as to the necessity for its
immediate passage and such local law be passed by the affirmative vote
of two-thirds of the total voting power of the legislative body.
5. In the case of a local government which does not have an elective
chief executive officer as defined by subdivision four of section two of
this chapter, no local law shall be passed by the legislative body until
a public hearing thereon has been had before such body and in every
other local government no such local law shall be approved by the
elective chief executive officer until a public hearing thereon has been
had before him. Such a public hearing held before the legislative body
or before the chief executive officer, as the case may be, pursuant to
this subdivision shall be on such public notice of at least three days
as has been or hereafter may be prescribed by a local law on which a
hearing shall have been held as prescribed by this section upon five
days` notice or, in the event such a local law prescribing the length of
notice is not adopted, upon five days` notice. Where the public hearing
is before such officer, such notice shall be given by him within ten
days after the local law shall have been presented to him and the
hearing shall be held within twenty days after such presentation.
S 21. Approval of local laws by elective chief executive officer.
Every local law shall be certified by the clerk after its passage by
such body and shall be presented to the elective chief executive
officer, if any, for approval by him. If such officer approves it, he
shall sign it and return it to such clerk; it shall then be deemed to
have been adopted. If he disapproves it, he shall return it to the clerk
with his objections stated in writing and the clerk shall present the
same with such objections to the legislative body at its next regular
meeting and such objections shall be entered in its record, journal or
minutes of proceedings. The legislative body within thirty days
thereafter may reconsider the same. Such an elective chief executive
officer who is a member of the legislative body shall not be entitled to
vote on such reconsideration. If after such reconsideration such local
law is repassed by a vote of at least two-thirds of the total voting
power of the legislative body, exclusive of such officer, it shall be
deemed adopted, notwithstanding the objections of such officer. Only one
vote shall be had upon such reconsideration. The vote shall be taken by
ayes and noes, and the names of the members present and their votes
shall be entered in the record, journal or minutes of proceedings. If
within thirty days after a local law shall have been presented to him
such officer shall neither approve it nor return it to the clerk with
his objections, it shall be deemed to be adopted in like manner as if he
had signed it. At any time prior to such adoption or to the return of a
local law by such officer, as the case may be, the legislative body may
recall the same and reconsider its action thereon.
S 22. Effect of local laws on acts of legislature or prior local laws
or ordinances. 1. In adopting a local law changing or superseding any
provision of a state statute or of a prior local law or ordinance, the
legislative body shall specify the chapter or local law or ordinance,
number and year of enactment, section, subsection or subdivision, which
it is intended to change or supersede, but the failure so to specify
shall not affect the validity of such local law. Such a superseding
local law may contain the text of such statute, local law or ordinance,
section, subsection or subdivision and may indicate the changes to be
effected in its text or application to such local government by
enclosing in brackets, or running a line through, the matter to be
eliminated therefrom and italicizing or underscoring new matter to be
included therein.
2. No local law shall supersede any provision of a state statute
except as authorized by the constitution, this chapter or any other
state statute.
S 23. Local laws subject to mandatory referendum. 1. A local law
subject to mandatory referendum as provided in this section or in any
other state statute, shall be submitted for the approval of the electors
at a general election of state or local government officers in such
local government held not less than sixty days after the adoption
thereof unless such local law provides for its submission for approval
of the electors at a special election or unless, within thirty days
after the adoption of such local law, a petition signed, authenticated
and subject to certification by the clerk as provided for other
petitions in section twenty-four of this chapter is filed with such
clerk requesting its submission at a special election. If the local law
so provides or if a valid petition is so filed requesting the submission
of the local law at a special election, it shall be submitted at such a
special election held in such local government not less than sixty days
after the adoption of the local law, the date for which special election
shall be fixed by the legislative body. In either case such local law
shall become operative as prescribed therein only if approved at such
election by the affirmative vote of a majority of the qualified electors
of such local government voting upon the proposition.
2. Except as otherwise provided by or under authority of a state
statute, a local law shall be subject to mandatory referendum if it:
a. In the case of a city, provides a new charter for such city.
b. In the case of a city, town or village, changes the membership or
composition of the legislative body or increases or decreases the number
of votes which any member is entitled to cast.
c. Changes the veto power of the elective chief executive officer.
d. Changes the law of succession to the office of the chief executive
officer of a county elected on a county-wide basis or if there be none
the chairman of the board of supervisors, the mayor of a city or village
or the supervisor of a town.
e. Abolishes an elective office, or changes the method of nominating,
electing or removing an elective officer, or changes the term of an
elective office, or reduces the salary of an elective officer during his
term of office.
f. Abolishes, transfers or curtails any power of an elective officer.
g. Creates a new elective office.
h. In the case of a city, changes the boundaries of wards, or other
districts, from which members of the county board of supervisors, chosen
as such in such city to represent the city, are elected.
i. Changes a provision of law relating to public utility franchises.
j. In the case of a city, reduces the salary or compensation of a city
officer or employee, increases his hours of employment or changes his
working conditions if such salary, compensation, hours or conditions
have been fixed by a state statute and approved by the vote of the
qualified electors of the city. No provision effecting such reductions,
increases or changes contained in any local law or proposed new charter
shall become effective unless the definite question with respect to such
reductions, increases or changes shall be submitted separately from any
provisions not relating to such reductions, increases or changes and
approved by the affirmative vote of a majority of the qualified electors
voting thereon.
k. In the case of a city, changes a provision of law relating to the
membership or terms of office of the civil service commission of the
city.
S 24. Local laws subject to referendum on petition. 1. a. A local law
adopted by a county, city or town and subject to referendum on petition
as provided in this section or in any other state statute, if not also
subject to mandatory referendum, shall not take effect until at least
forty-five days after its adoption; nor until approved by the
affirmative vote of a majority of the qualified electors of the local
government voting on a proposition for its approval if within forty-five
days after its adoption there be filed with the clerk a petition
protesting against such local law, signed and authenticated as herein
required by qualified electors of such local government, registered to
vote therein at the last preceding general election, in number equal to
at least ten per centum of the total number of votes cast for governor
at the last gubernatorial election in such local government. If such
petition be so filed, a proposition for the approval of such local law
shall be submitted at the next general election of state or local
government officers held in such local government not less than sixty
days after the filing of such petition, unless the petition request and
the legislative body adopt a local law submitting such proposition at a
special election held not less than sixty days after the adoption of the
local law providing for such special election. The petition may be made
upon separate sheets, and the signatures to each sheet shall be signed
and authenticated in the manner provided by the election law for the
signing and authentication of nominating petitions so far as applicable.
The several sheets so signed and authenticated, when fastened together
and offered for filing, shall be deemed to constitute one petition. The
clerk shall examine each such petition so filed with him and not later
than thirty days after the date of its filing, or forty-five days before
the day of the election at which such referendum would appear on the
ballot, whichever is earlier, shall transmit to the legislative body a
certificate that he has examined it and has found that it complies or
does not comply, as the case may be, with all the requirements of law.
If within five days after the last day to file such certificate a
written objection to the determination of the clerk be filed with the
supreme court, or any justice thereof, of a judicial district in which
such local government or any part thereof is located, such court or
justice shall determine any question arising thereunder and make such
order as justice may require. Such proceeding shall be heard and
determined in the manner prescribed by section 16-116 of the election
law.
b. A local law adopted by a village and subject to a referendum on
petition as provided in this section or in any other state statute, if
not also subject to a mandatory referendum shall be conducted as a
permissive referendum as provided in article nine of the village law and
compliance with that article shall be deemed to be compliance with this
chapter for all purposes.
2. Except as otherwise provided by or under authority of a state
statute, a local law shall be subject to referendum on petition if it:
a. Dispenses with a provision of law requiring a public notice or
hearing as a condition precedent to official action.
b. Changes a provision of law relating to public bidding, purchases or
contracts.
c. Changes a provision of law relating to assessments of real property
or benefit assessments for local improvements.
d. Changes a provision of law relating to the exercise of the power of
condemnation.
e. Changes a provision of law relating to the authorization or
issuance of bonds or other obligations, except as provided in section
34.00 of the local finance law in the case of a city.
f. Changes a provision of law relating to the auditing of the accounts
of the local government.
g. Changes a provision of law relating to the alienation or leasing of
real property of the local government.
h. In the case of a city, town or village increases the salary of an
elective officer during his term of office or, in the case of a county,
increases the salary of an elective officer or of an officer appointed
for a fixed term, during his term of office, except where any such
increase by a county is made in accordance with a schedule providing
higher rates of compensation through additional increments of salary
based on time service, which schedule or applicable amendment thereof
was in existence prior to the commencement of such term of office.
i. In the case of a county, establishes a county general hospital
pursuant to the provisions of the general municipal law.
j. Is a local law relating to apportionment adopted pursuant to
subparagraph thirteen of paragraph a of subdivision one of section ten
of this chapter. Notwithstanding the provisions of subdivision one of
this section:
(1) A petition signed and authenticated in number equal to at least
five per centum of qualified voters as provided in subdivision one of
this section, or to fifteen thousand, whichever is less, shall be
sufficient to require the submission of a proposition or propositions
for the approval of such a local law or the principle elements
designated therein for separate submission, at a referendum in
accordance with such subdivision.
(2) The legislative body of the local government on its own motion may
adopt a resolution requiring that a proposition or propositions for the
approval of such a local law and the principle elements therein as shall
have been designated for separate submission, be submitted at a
referendum, in accordance with such subdivision, at the next general
election, or at a special election, held not less than sixty days after
the adoption of such resolution.
k. In the case of a village, creates or abolishes the office of
manager.
S 25. Propositions for the submission of local laws. A proposition for
the submission of a local law to the approval of the electors pursuant
to this chapter shall contain the title of such local law. The clerk,
with the advice of the corporation counsel, municipal attorney or other
principal law officer shall prepare an abstract of such local law
concisely stating the title, purpose and effect thereof, and forthwith
shall transmit such proposition and such abstract to the election
officers charged with the duty of publishing the notice of and
furnishing the supplies for such election. A sufficient number of copies
of such abstract shall be printed and made available at the time of
registration or otherwise in advance of the election to such electors as
desire them, and shall also be delivered with the other election
supplies and distributed to the electors at the election. If there be
more than one such proposition to be voted upon at such election, such
propositions shall be separately and consecutively numbered.
S 26. Reconsideration of local law before submission to referendum. At
any time prior to the election at which a local law adopted by a
legislative body is to be submitted to the electors for approval because
it is subject to mandatory or permissive referendum, the legislative
body, not later than fifteen days prior to the election, may reconsider
its action thereon and repeal such local law, whereupon the proposition
for its approval shall not be submitted at such election or, if
submitted, the vote of the electors thereon shall be without effect.
S 27. Filing and publication of local laws. 1. Within twenty days
after a local law shall finally have been adopted, the clerk, or other
officer designated by the legislative body, shall file one certified
copy thereof in the office of such clerk except that in the case of a
county it shall also be filed in the office of the county clerk and one
certified copy in the office of the secretary of state. In the case of a
local law subject to a referendum, however, such local law shall be
filed within twenty days after its approval by the electors, or where
the local law was subject to a permissive referendum and no petition was
filed requesting the referendum, the local law shall be filed within
twenty days after the time for filing of such petition shall have
expired.
2. Each such certified copy shall contain the text only of the local
law without the brackets and without the matter within the brackets, the
matter with a line run through it, or the italicizing or underscoring,
if any, to indicate the changes made by it, except that each such
certified copy of a local law enacted by a city with a population of one
million or more shall be printed in the same form as the official copy
of the proposed local law which became the local law provided that line
numbers, the printed number of the bill and explanatory matter shall be
omitted, and also have attached thereto a certificate executed by the
corporation counsel, municipal attorney or other principal law officer
to the effect that it contains the correct text and that all proper
proceedings have been had or taken for the enactment of such local law,
which certificate shall constitute presumptive evidence thereof,
provided that any failure or omission so to certify shall not invalidate
such local law.
3. Notwithstanding the effective date of any local law, a local law
shall not become effective before it is filed in the office of the
secretary of state.
4. Subject to the provisions of subdivision three hereof, every local
law shall take effect on the twentieth day after it shall finally have
been adopted unless a different time shall be prescribed therein or
required by this chapter or other provision of law.
5. Local laws shall be published annually by the secretary of state in
a separate volume as a supplement to the session laws.
6. The clerk shall record all local laws filed in his office in a
separate book or books, which shall be indexed by him.
7. The secretary of state shall have the authority to provide for the
receipt and filing of local laws by electronic transmission.
S 28. Law applicable to conduct of elections at which ballot questions
are submitted to all the voters of a city. The provisions of the
election law or any other law relating to the submission of questions at
general elections, so far as the same are applicable and not
inconsistent with this article, shall apply to the conduct of all
elections at which questions are submitted to all the voters of a city.
Where a specific provision of law exists in any other law which is
inconsistent with the provisions of the election law, such provision
shall apply unless a provision of the election law specifies that such
provision of the election law shall apply notwithstanding any other
provision of law.
ARTICLE 4
POWERS OF COUNTIES AND CITIES
TO ADOPT CHARTERS
Part 1. The county charter law.
Part 2. City charter revision.
Part 3. State Assistance--County--City.
PART 1
THE COUNTY CHARTER LAW
Section 30. Short title.
31. Application.
32. Definitions.
33. Power to adopt, amend and repeal county charters.
33-a. Transfer of functions or duties of local governments and
districts.
34. Limitations and restrictions.
35. Legislative intent; construction.
S 30. Short title. This part shall be known and may be cited and
referred to as the "county charter law."
S 31. Application. This part shall apply to each county of the state
except a county in the city of New York.
S 32. Definitions. For the purposes of this part, the following terms
shall mean and include:
1. "Board of supervisors." The board of supervisors or other elective
governing body of a county.
2. "Charter law." A local law providing, amending or repealing a
county charter, or transferring a function or a duty pursuant to section
thirty-three-a of this chapter.
3. "County." A county of the state except a county in the city of New
York.
4. "County charter." An alternative form of county government provided
in accordance with the constitution by act of the legislature or local
law.
5. "Local law." A local law adopted by the board of supervisors of a
county pursuant to this chapter or other statute generally empowering
the county to adopt local laws.
S 33. Power to adopt, amend and repeal county charters. 1. Subject to
restrictions in the constitution, in this article or in any other
applicable law, the board of supervisors of any county as defined in
section thirty-two of this article and including but not limited to a
county which has heretofore adopted a charter enacted by the legislature
shall have power to prepare, adopt, amend or repeal a county charter.
2. A county charter shall set forth the structure of the county
government and the manner in which it is to function. Such charter may
provide for the appointment of any county officers or their selection by
any method of nomination and election, provided that there shall be an
elective board of supervisors, the members of which shall be deemed
county officers, which shall determine county policies and exercise such
other functions as may be assigned to it.
3. Such a county charter shall provide for:
a. The exercise by the board of supervisors of the powers of local
legislation and appropriation of the county.
b. The agencies or officers responsible for the performance of the
functions, powers and duties of the county and of any agencies or
officers thereof and the manner of election or appointment, terms of
office, if any, and removal of such officers.
c. The equalization of real property taxes consistent with standards
prescribed by the legislature.
4. Such a county charter may:
a. Assign executive or administrative functions, powers and duties to
elective or appointive officers.
b. Empower an executive officer elected on a county-wide basis to veto
actions of the board of supervisors, with provision for overriding of
such vetoes by a specified percentage or percentages of votes of such
board.
c. In accordance with subdivision (h) of section one of article nine
of the constitution, provide for the transfer of one or more functions
or duties of the county or of the cities, towns, villages, districts or
other units of government wholly contained in such county to each other
or when authorized by the legislature to the state, or for the abolition
of one or more offices, departments or agencies of such units of
government when all of their functions or duties are so transferred.
d. Provide for an administrative code which shall set forth the
details of administration of the county government in harmony with the
provisions of the county charter and may contain revisions,
simplifications, consolidations, codifications and restatements of
special laws, local laws, ordinances, resolutions, rules and regulations
consistent with the county charter.
e. Provide for the termination of the terms of office of existing
officers.
5. The board of supervisors by resolution may provide that a draft of
a proposed county charter, or of an amendment or repeal thereof, shall
be prepared under its supervision, the supervision of an officer or
committee of the board, or by a charter commission appointed by or
pursuant to such resolution. The county attorney or other legal advisor
shall provide such assistance and cooperation as shall be required of
him and for such purpose shall have power to employ or retain special
counsel and technical advisors and assistants within appropriations made
available therefor.
6. Where a petition is filed with the clerk of the board of
supervisors signed by electors of the county equal in number to at least
ten per centum of the whole number of votes cast in the county for
governor at the last gubernatorial election, asking that a charter
commission be created by the board of supervisors and be composed and
appointed as provided by the board of supervisors, and where the board
of supervisors does not on its own motion create and appoint or provide
for the appointment of such a charter commission within three months
after such filing, the board of supervisors shall cause a proposition to
be submitted to the electors of the county at the next general election
occurring not less than five months after such filing, on the question
of whether such a charter commission should be so established and
appointed. The provisions of subdivision eight of this section shall
apply to the preparation of the form of such proposition and its
submission at such general election. If such proposition receives a
majority of the votes cast thereon in the county at such general
election, the board of supervisors within two months after such general
election shall provide for the creation of such commission and its
members shall be appointed within such two-month period. The provisions
of subdivision five hereof, so far as applicable, shall apply to such
charter commission.
7. A charter law
(a) providing a county charter, or
(b) proposing an amendment or repeal of one or more provisions thereof
which would have the effect of transferring a function or duty of the
county, or of a city, town, village, district or other unit of local
government wholly contained in the county, shall conform to and be
subject to consideration by the board of supervisors in accordance with
the provisions of this chapter generally applicable to the form of and
action on proposed local laws by the board of supervisors. If a county
charter, or a charter law as described in this subdivision, is adopted
by the board of supervisors, it shall not become operative unless and
until it is approved at a general election or at a special election,
held in the county by receiving a majority of the total votes cast
thereon (a) in the area of the county outside of cities and (b) in the
area of the cities of the county, if any, considered as one unit, and if
it provides for the transfer of any function or duty to or from any
village or for the abolition of any office, department, agency or unit
of government of a village wholly contained in the county, it shall not
take effect unless it shall also receive a majority of all the votes
cast thereon in all the villages so affected considered as one unit.
Such a county charter or charter law shall provide for its submission to
the electors of the county at the next general election or at a special
election, occurring not less than sixty days after the adoption thereof
by the board of supervisors. Such a county charter or charter law may
provide for the separate submission to the electors at such election of
one or more variations of the provisions of such county charter. Any
such variation may include, but shall not be limited to, proposed
transfers of functions of local government to other units of local
government or a class or classes thereof.
8. The form of each proposition submitted to the electors of a county
pursuant hereto shall be prepared by the clerk of the board of
supervisors with the advice of the county attorney or other principal
legal advisor. They also shall prepare a brief abstract of the county
charter or charter law so submitted. The form and abstract shall be
transmitted to the board of elections of the county. The board of
elections, at least twenty days before the election, shall send two or
more copies thereof to the clerk of each city, town and village in the
county to be made a public record in his office and shall cause a
sufficient number of copies to be printed and made available to the
electors at the time of registration or otherwise. In addition, such
board of elections shall cause a sufficient number of copies to be
delivered with the other election supplies and distributed to the
electors at the election. The board of elections shall cause each such
proposition to be submitted to the electors of the county in the manner
provided in the election law and, so far as applicable, in subdivision
two of section one hundred two of the county law. Expenses incurred in
connection with the submission of any proposition under this article
shall be a charge against the county.
9. If two or more propositions having conflicting provisions receive
the majorities required for adoption under this section at the same
election, the proposition involved in each such conflict which receives
the largest affirmative vote shall prevail to the extent of such
conflict; but in all other respects such proposition shall be deemed
adopted. Where a proposition submitted to the electors of a county under
the provisions of this article receives the majority or majorities
required for adoption, it shall become operative as prescribed therein,
subject to any conditions prescribed therein.
S 33-a. Transfer of functions or duties of local governments and
districts. 1. Subject to restrictions in the constitution, in this
article or in any other applicable law, the board of supervisors of any
county may, by local law, transfer functions or duties of the county or
of the cities, towns, villages, districts or other units of government
wholly contained in such county to each other, or for the abolition of
one or more offices, departments or agencies of such units of government
when all their functions or duties are so transferred.
2. Any such local law, or an amendment or repeal of one or more
provisions thereof which would have the effect of transferring a
function or duty of the county or of the cities, towns, villages,
districts or other units of government wholly contained in the county,
shall not become operative unless and until it is approved at a general
election or at a special election, held in the county by receiving a
majority of the total votes cast thereon: (a) in the area of the county
outside of cities and (b) in the area of cities of the county, if any,
considered as one unit, and if it provides for the transfer of any
function or duty to or from any village or for the abolition of any
office, department, agency or unit of government of a village wholly
contained in the county, it shall not take effect unless it shall also
receive a majority of all the votes cast thereon in all the villages so
affected considered as one unit. Such a local law, amendment or repeal
thereof, shall provide for its submission to the electors of the county
at the next general election or at a special election, occurring not
less than sixty days after the adoption thereof by the board of
supervisors.
S 34. Limitations and restrictions. 1. The legislature hereby imposes
the following limitations on the powers of counties to prepare, adopt
and amend county charters and charter laws.
2. Except in accordance with or consistent with laws enacted by the
legislature, a county charter or charter law shall not contain
provisions relating to:
a. Taxation of the property of the state or of any of its agencies;
b. Exemptions from taxation;
c. Assistance by the state to any unit of local government;
d. The division of the county into two or more counties or the
creation, enlargement, diminution or abolition of any city, town,
village or school district;
e. The compensation of members of the judiciary fixed by the
legislature;
f. The composition, functions, powers, duties or jurisdiction of a
court or of the officers thereof, except that functions, powers or
duties assigned to units of local government or agencies or officers
thereof outside the judicial system may be transferred to other units of
local government, agencies or officers as authorized by this article.
3. Except in accordance with provisions of this chapter or with other
laws enacted by the legislature, a county charter or charter law shall
not supersede any general or special law enacted by the legislature:
a. Which relates to the imposition, judicial review or distribution of
the proceeds of taxes or benefit assessments;
b. Insofar as it relates to the educational system in the county or to
school districts therein, except that functions, powers or duties
assigned to units of local government or to agencies or officers thereof
outside the educational system may be transferred to other units of
local government, agencies or officers as authorized by this article;
c. Which requires that specified functions of government be performed
by or financed by units of local government, except that any of such
functions may be transferred to other units of local government,
agencies or officers as authorized by this article;
d. Insofar as it relates to a function, power or duty of the state or
of any officer or agency thereof which is financed directly by the
state;
e. Insofar as it relates to the commencement or prosecution of actions
or proceedings against the county;
f. Insofar as it relates to a public benefit corporation;
g. In this chapter or in the civil service law, eminent domain
procedure law, environmental conservation law, election law, executive
law, judiciary law, labor law, local finance law, multiple dwelling law,
multiple residence law, public authorities law, public housing law,
public service law, railroad law, retirement and social security law,
state finance law, volunteer firefighters` benefit law, volunteer
ambulance workers` benefit law, or workers` compensation law.
4. After the adoption of a county charter by a county, no law enacted
by the legislature pursuant to paragraph two of subdivision (h) of
section one of article nine of the constitution which does not apply
alike to all counties outside the city of New York, and no charter law
or local law, which in its application to such county abolishes or
creates an elective county office, changes the voting or veto power of
or the method of removing an elective county officer during his term of
office, abolishes, curtails or transfers to another county officer or
agency any power of an elective county officer, or changes the form or
composition of the board of supervisors of such county, shall become
effective in such county until at least sixty days after its final
enactment. If (a) the legislature in enacting such a law shall provide
that it shall be submitted to the qualified electors of the county for
their approval, or (b) the board of supervisors on its own motion, in
the manner provided by subdivision four of section one hundred one of
the county law, shall provide that such a charter law or local law
adopted by it shall be submitted to the qualified electors of the county
for their approval, or (c) within such sixty days electors of the
county, duly registered to vote therein either for the last preceding or
the next following general election, in number equal to at least five
per centum of the total number of votes cast in the county for governor
at the last gubernatorial election, shall file a petition with the
county clerk or corresponding officer of the county protesting against
such law, charter law or local law, it shall become effective in such
county only if approved by the electors thereof at the next ensuing
general election held at least sixty days thereafter, subject to the
conditions provided in subdivision seven of section thirty-three of this
chapter for the adoption of a county charter when voted on by the
electors of a county.
S 35. Legislative intent; construction. 1. It is the intention of the
legislature by this county charter law to provide for carrying into
effect the provisions of paragraph (h) of subdivision one of article
nine of the constitution and, pursuant to the direction contained
therein, to empower counties to prepare, adopt and amend county charters
by local legislative action, subject to limitations imposed herein.
2. It is not the intention of the legislature hereby to (a) abolish or
curtail any powers or rights heretofore conferred upon or delegated to a
county or counties or to any of the units of government therein or to
any board, commission, body or officer thereof, or (b) adversely to
affect the power of a county to adopt, amend or repeal county charters,
county laws or local laws pursuant to any other authorization of the
legislature, unless a contrary intention is clearly manifested from the
express provisions of this county charter law or by necessary intendment
therefrom.
3. This county charter law shall be construed liberally. The powers
herein granted shall be in addition to any other powers granted to
counties by any other provisions of general or special laws, including
but not limited to charters, administrative codes, special acts or local
laws. A permissive procedure authorized hereby shall not be deemed to be
exclusive or to prohibit the use of any other procedure authorized by
any general or special act of the legislature, charter, administrative
code or local law lawfully adopted and still in effect.
4. All existing state, county, local and other laws or enactments,
including charters, administrative codes and special acts having the
force of law shall continue in force until lawfully amended, modified,
superseded or repealed.
5. If any provision of the county charter law is not clear or requires
elaboration in its application to the county, the board of supervisors
may interpret such provision in a local law not inconsistent with the
provisions hereof. Where any question arises concerning the transition
to a charter law which is not provided for herein, the board of
supervisors may provide for such transition by a local law not
inconsistent with the provisions hereof.
6. If any provision of this county charter law shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the particular provision directly involved
in the controversy in which such judgment is rendered.
PART 2
CITY CHARTER REVISION
Section 36. Provisions for adoption of new or revised city charter
proposed by a charter commission.
37. Provisions for adoption of city charter amendments or new
city charters initiated by petition.
S 36. Provisions for adoption of new or revised city charter proposed
by a charter commission. 1. A local law providing a new or revised city
charter also may be adopted in any city pursuant to the provisions of
this section.
2. The legislative body may adopt a local law providing for (a) the
establishment of a commission to draft a new or revised city charter, or
(b) the submission to the electors of such city at a general or special
election of the question: "Shall there be a commission to draft a new or
revised city charter as proposed by local law number . . . . . . for
the year . . . . . ?" Such question may also specify the composition of
such commission as provided in such local law. Such election shall be
held not less than sixty days after the adoption of such local law. Such
local law shall fix or provide the method of determining the number of
members of such commission and determine whether the members shall be
elected or appointed, or partly elected and partly appointed. It shall
also prescribe the manner of appointment of appointive members, the
manner of election of elective members and whether elective members
shall be elected by the city at large or by districts described in such
local law. In a case where a question is so submitted, the elective
members of the commission, if any, shall be elected at the election at
which the question is submitted. If the question be answered in the
affirmative by a majority vote of the qualified electors of such city
voting thereon, the members of the charter commission, appointed or
elected thereto, shall be a charter commission of such city, except that
if at the same election more than one proposal for establishing a
charter commission receives such approval only the proposal receiving
the largest number of affirmative votes shall be deemed adopted.
3. A local law for the creation of a commission to draft a new or
revised city charter also may be adopted in the following manner:
Qualified electors of a city, registered to vote therein at the last
preceding general election, in number equal to at least fifteen per
centum of the total number of votes cast for governor at the last
gubernatorial election in such city, or forty-five thousand, whichever
is less, may file in the office of the city clerk a petition for the
submission to the electors of such city of a proposed local law for the
creation of a commission to draft a new or revised city charter for such
city and if such petition is found to meet all the requirements of law,
the legislative body of the city shall submit such local law to the
electors of such city at the next general election therein held not less
than sixty days after the filing of such petition. Such proposed local
law shall fix or provide the method of determining the number of members
of such commission and shall provide for its composition. It may name
all or any of such members and may provide for the election or
appointment of all or any of them. It shall prescribe the manner of
appointment of appointive members and the time and manner of election of
elective members. It shall also determine whether elective members shall
be elected from the city at large or by districts described in such
local law. Such petition shall conform to the provisions of section
twenty-four in relation to petitions. It shall be examined and reported
on by the city clerk as prescribed in such section, and objections
thereto shall be disposed of by the supreme court as prescribed by such
section. The city clerk shall transmit such proposed local law in the
form in which it is to be submitted, which shall include the proposed
composition of such commission, to the election officers charged with
the duty of publishing the notice of such election. If two or more such
petitions are filed providing for the submission of different proposed
local laws, the city clerk shall designate each such proposed local law
numerically in the order of the time of the filing of the petitions. If
such a proposed local law receives the affirmative vote of a majority of
the qualified electors of such city voting thereon, the members of the
charter commission named in such local law, or elected or appointed as
prescribed therein, shall be the charter commission of such city, except
that if at the same election more than one local law for establishing a
charter commission receives the affirmative vote of a majority of the
qualified electors of such city voting thereon, only the one receiving
the largest number of affirmative votes shall be deemed adopted and the
members of the charter commission named in such local law or elected or
appointed as prescribed therein, shall be the charter commission of such
city.
4. A charter commission to draft a new or revised city charter may
also be created by the mayor of any city. Such commission shall consist
of not less than nine nor more than fifteen members, all of whom shall
be residents of the city. Original appointments to such a commission
shall be made by the mayor by a certificate of appointment which shall
specify the number of, and names of, the members to constitute the
commission, which certificate shall be filed forthwith with the city
clerk. The chairman, vice-chairman and secretary shall be appointed by
the mayor from among the members of the commission. Any vacancy in the
membership of such a commission or of its officers shall be filled by
the mayor.
5. (a) The charter commission of a city created pursuant to this
section shall review the entire charter of such city and prepare a draft
of a proposed new or revised charter of such city. If the commission
shall decide to leave a part of the existing charter unchanged, it may
propose in one or more amendments a revision of the remaining parts. In
such case it shall make a report to the public, accompanying its
proposals, in which it shall refer specifically to such unchanged part
and explain its decision to leave such part unchanged. The proposed
charter or such amendments may contain such provisions or effect such
results as may be made or effected by local law under the provisions of
this chapter, and, subject to the provisions of paragraph (c) of
subdivision four of section ten of this chapter, may contain any
provisions of the existing charter of such city deemed necessary to make
a complete charter of such city or appropriate amendments to the
existing charter, with such changes in the headings and in the numbering
of the titles, articles, chapters, sections and subdivisions wherein
such provisions are found in the existing charter as may be deemed
appropriate to correlate and coordinate them with the other provisions
in the proposed new or revised charter and with such changes in the text
of such provisions as may be deemed desirable to clarify the meaning of
such provisions, and to vest in any of the officers of the city provided
for in the proposed new or revised charter any power or authority
contained in such provisions.
(b) Such new charter or amendments shall be completed and filed in the
office of the city clerk in time for submission to the electors not
later than the second general election after the charter commission is
created and organized. The local law or certificate establishing the
commission or, in the absence of such provision therein, the charter
commission shall provide for such publication or other publicity in
respect to the provisions of the proposed charter or amendments as it
may deem proper, and for submission thereof to the electors of the city
at a general or special election held not earlier than sixty days after
the filing thereof in the office of the city clerk and not later than
the next general election which does not occur within the said sixty
days, provided, however, that if such general election occurs within
ninety days after the said filing, the proposed charter or amendments
shall be submitted at such general election. At such election, if a
proposed new charter is submitted as a single proposal, there shall be
submitted to the qualified electors of the city the question: "Shall the
new city charter proposed by the city charter commission be adopted ?"
The charter commission may, however, require that its proposed charter
be submitted in two or more parts so arranged that corresponding parts
of the existing charter shall remain in effect if one or more of such
parts are not adopted, or may in lieu of a new charter submit a revision
of the existing charter in one or more amendments and may also submit
alternative charters or amendments or alternative provisions to
supersede designated portions of a proposed charter or amendment if
adopted. In such case the charter commission shall prescribe the form of
the questions to be submitted, which shall be such as clearly to
indicate the effect of their approval.
(c) No provision for the election of any elective officers by any
system of proportional representation shall become effective under the
provisions of this section unless a definite question with respect to
the adoption of such system for the election of such officers shall have
been submitted as a separate question and separately approved at the
same election by the affirmative vote of a majority of the qualified
electors voting thereon.
(d) If any question submitted by the charter commission receives the
affirmative vote of a majority of the qualified electors of the city
voting thereon, the proposal submitted thereby shall take effect as
specified therein and the new charter or the amendment or amendments to
the existing charter as so proposed shall become operative as prescribed
therein; except that if there be a conflict between the provisions of
two or more proposals approved by the electors at the same election, the
proposal receiving the largest number of affirmative votes shall prevail
to the extent of such conflict.
(e) At any election at which any question or questions shall be
submitted to the qualified electors of the city by a charter commission
pursuant to this section or within sixty days thereafter, no other
question or questions shall be submitted to or voted upon by such
electors pursuant to any local law, ordinance, resolution or petition if
such commission was created pursuant to subdivision four of this
section, and no such other question or questions shall be submitted
except by another charter commission if such commission was created
otherwise, if such other question or questions involve or relate
directly or indirectly to the adoption of a new city charter, the
amendment of a city charter, charter revision, the establishment of a
commission to draft a new or revised city charter, or the functions,
powers or duties of any elective officer of the city, except as provided
in paragraph (g) of this subdivision.
(f) While a charter commission is in existence under the provisions of
this section, the local legislative body shall not submit to the
electors any of the questions specified in subdivision (e) except at a
general election.
(g) If a proposed local law submitted pursuant to section thirty-seven
of this chapter would under the provisions of such section be submitted
at a general election at which a question or questions submitted by a
charter commission are to be voted on, such local law shall not be
submitted at such election but shall be submitted at the general
election in the year following regardless of other questions which may
be voted on at the latter election and notwithstanding any inconsistent
provision of this title.
6. Any charter commission created under this section shall also be
subject to the following provisions:
(a) Members of the commission shall receive no compensation for their
services, but shall be reimbursed for the actual and necessary expenses
incurred by them in the performance of their duties.
(b) The commission shall appoint and may at pleasure remove such
employees and consultants as it shall require and fix their compensation
and may accept any services, facilities or funds and use or expend the
same for its purposes. On request of the commission, the mayor or, in a
city having a city manager, the city manager may direct any board, body,
officer or employee of the city to cooperate with, assist, advise,
provide facilities, materials or data and render services to the
commission.
(c) In addition to action under any other power to make appropriations
for the support of a charter commission, the appropriate officials of
the city shall have power, on request of the commission, to appropriate
to such commission such sum or sums as shall be necessary to defray its
expenses and, in the event the appropriating body or bodies do not take
affirmative action to provide such sum or sums within forty-five days of
the commission`s request, the mayor of the city shall have power to
authorize, by certificate filed with the fiscal officer or officers of
the city, the commission to incur liabilities and expenses as specified
by him, but within the sum or sums so requested, which shall be a charge
against the city and which shall be audited and paid by the appropriate
officials of the city.
(d) No person shall be disqualified to serve as a member, employee or
consultant of the commission by reason of holding any other public
office or employment, nor shall he forfeit any such office or employment
by reason of his appointment hereunder, notwithstanding the provisions
of any general, special or local law, ordinance or city charter.
(e) The terms of office of the members of the commission shall expire
on the day of the election at which the proposed new charter or charter
amendments prepared by the commission are submitted to the qualified
electors of the city, or on the day of the second general election
following the organization of the commission if no such questions have
been submitted by that time.
(f) The commission shall conduct public hearings. It shall conduct
such public hearings at such times and at such places within the city as
it shall deem necessary. The commission shall also have power to conduct
private hearings, take testimony, subpoena witnesses and require the
production of books, papers and records.
(g) The provisions of the election law or any other law relating to
the submission of questions at general elections, so far as the same are
applicable and not inconsistent herewith, shall apply to a question
submitted pursuant to the provisions of this section.
S 37. Provisions for adoption of city charter amendments or new city
charters initiated by petition. 1. A local law amending a city charter
(however extensively) or providing a new city charter, also may be
adopted in accordance with the provisions of this section.
2. Qualified electors of a city, in number equal to at least ten per
centum of the total number of valid votes cast for governor in such city
at the last gubernatorial election, or to thirty thousand, whichever is
less, may file in the office of the city clerk a petition for the
submission to the electors of the city of such a proposed local law to
be set forth in full in the petition. Qualified electors shall be deemed
for this purpose to be voters of the city who were registered and
qualified to vote in such city at the last general election preceding
the filing of the petition.
3. Such local law shall set forth the new matter to be added to the
charter either in italics or underlined and the matter to be deleted
therefrom either in brackets or with lines drawn through it, and after
adoption the matter so set forth in italics or underlined may be set
forth in the charter in ordinary type, and the matter in brackets or
with lines through it may be omitted; but failure so to set forth any
provision of the charter which is in fact superseded shall not
invalidate the amendment or new charter or any portion thereof.
4. Such a local law may amend, repeal or supersede any local law
inconsistent with the charter amendment or new charter proposed thereby
or any inconsistent provision of a state statute which may be amended by
local law, in which event it shall specify the chapter number and year
of enactment, sections, subsections or other parts of each statute or
local law so affected. Such a local law also may contain provisions as
described in paragraph (a) of subdivision four of section thirty-six of
this chapter.
5. Such petition shall conform to the provisions of section
twenty-four of this chapter in relation to petitions. It shall be
examined and reported on by the city clerk as prescribed therein, and
objections thereto shall be disposed of by the supreme court as
prescribed by such section. In addition, the city clerk, at the same
time that he transmits to the legislative body his certificate that the
petition complies or does not comply with all the requirements of law,
shall transmit a copy of such certificate to the person by whom the
petition was filed and, if he certifies that the petition does not
comply with all the requirements, shall state in such certificate
specifically in what respects it fails to comply. If he shall certify
that there is an insufficient number of valid signatures, he shall make
available to the legislative body a statement as to the number of
signatures found to be invalid and the reasons for such invalidity, and
shall make the same information available to the person by whom the
petition was filed and make it, together with the petition and his
notations of rulings thereon or relative thereto, a matter of public
record in his office. A finding by the city clerk that a petition does
not comply with all the requirements of law may be contested in a
proceeding in the supreme court.
6. Whether or not he finds the petition sufficient, the city clerk
shall transmit such proposed local law forthwith to the legislative
body. If the proposed local law is such that a mandatory referendum is
not required for its adoption under the provisions of this chapter or of
the city charter, such legislative body may adopt it as its own act
pursuant to article three of this chapter. If a mandatory referendum is
required, the legislative body may submit it to the electors of the city
at the next general election occurring at least sixty days after the
legislative body votes to submit it.
7. If, however, such a petition meets all the requirements of law and
during a period of two months immediately following the filing thereof
such legislative body shall fail so to adopt such local law without
change or to submit it without change to the electors of the city as
aforesaid, an additional petition filed with the city clerk at least two
months and not more than four months after the filing of the original
petition and signed at any time prior to its filing by qualified
electors who did not sign the original petition, equal in number to at
least five per centum of the total number of votes cast for governor in
such city at the last gubernatorial election, or to fifteen thousand,
whichever is less, may require the submission of the local law at the
next general election held not less than sixty days after the filing of
such additional petition.
8. Such an additional petition shall conform to the requirements of
subdivision five for an original petition and shall be dealt with by the
city clerk and by the supreme court in the same manner as an original
petition except that the city clerk shall submit his certificate as to
its sufficiency within twenty days after it is filed with him.
9. When so required by the filing of such an additional petition
complying with all the requirements of law, the city clerk shall
transmit such proposed local law in the form in which it is to be
submitted to the election officers charged with the duty of publishing
the notice of such election, and the legislative body shall provide for
suitable publication thereof and publicity thereon for the information
of interested voters. If there be more than one such proposed local law
to be voted upon at such election, each such proposed local law shall be
separately and consecutively numbered.
10. Any political committee organized for the purpose of supporting or
opposing any charter amendment or new charter submitted to the voters
under the provisions of this section shall have the same rights as a
political party to name watchers and challengers to serve at the
election at which the question is submitted.
11. No such petition for a proposed local law requiring the
expenditure of money shall be certified as sufficient by the city clerk
or become effective for the purposes of this section unless there shall
be submitted, as a part of such proposed local law, a plan to provide
moneys and revenues sufficient to meet such proposed expenditures. This
restriction shall not prevent the submission of a local law to adopt a
new charter or to reorganize the functions of city government, or a part
thereof, relying partly or solely on normal budgetary procedures to
provide the necessary moneys to meet the expenses of city government
under such reorganization, whether or not such reorganization includes
the creation of new offices, provided only that such reorganization
shall not require specific salaries or the expenditure of specific sums
of money not theretofore required.
12. No charter amendment or new charter submitted under the provisions
of this section which requires the expenditure of money shall become
effective with respect to such expenditure before the beginning of the
first fiscal year for which a city budget is prepared and adopted after
the adoption of the amendment or new charter.
13. If any such proposed local law receives the affirmative vote of a
majority of the qualified electors of such city voting thereon, it shall
become operative as prescribed therein, except that in case of conflict
between provisions of two or more local laws adopted at the same
election the local law receiving the largest number of affirmative votes
shall prevail to the extent of such conflict.
PART 3
STATE ASSISTANCE--COUNTY—CITY
Section 38. Provisions for obtaining state reimbursement for county and
city charter creation and revision.
S 38. Provisions for obtaining state reimbursement for county and city
charter creation and revision.
1. Legislative Findings and Purpose. The Legislature finds that
development of modernized county and city government is necessary and
desirable to effectuate state purposes in as much as said governments
are called upon to implement state programs to provide for the health
and welfare of the citizens of the state, and in many cases are the
recipients of substantial state assistance. In order to encourage and
promote the development and revision of charter government at both the
county and city level as is provided under this article so that county
and city government will be more efficient, more effective and more
responsive to the needs of the people, state financial aid shall be
granted to counties and cities, to particularly reimburse authorized
charter expenditures in the manner and subject to the conditions
prescribed in this section.
2. Granting authority. The office for local government, by and through
its commissioner or his duly authorized officers and employees, shall
administer, carry out and approve grants of state funds, within
appropriation therefore, for reimbursement of authorized charter
expenditures as defined herein, that are conducted by counties or
cities. The office for local government shall adopt, amend and rescind
such rules, regulations and guidelines as may be necessary to the
performance of its functions, powers and duties under this section. The
office for local government shall allocate grants under this article
among the municipalities that have submitted applications in such a
manner as will most nearly provide an equitable distribution of the
grants among municipalities, taking into consideration such factors as
the size of the population, the urgency of the charter studies, the need
for funds to carry out the purposes of this article, and the potential
of the municipalities concerned to use the funds most effectively.
3. Authorized charter expenditures. For the purpose of this section
"authorized charter expenditures" shall mean those expenditures paid in
the first instance by a county or city in the preparation of a proposed
charter law or a proposed local law providing for new or revised city
charter which has been adopted by the governing body of a county or
city, as the case may be, for submission to the electorate at a general
or special election as is provided in Section thirty-three and Section
thirty-six of this article, and which costs are further deemed necessary
and appropriate under regulations promulgated by the office for local
government for the creation and development of the proposed charter law.
No expenditure which has not been specifically designated by the local
governing body for charter study and approved by the office for local
government shall be considered an "authorized charter expenditure."
4. Reimbursement limitations. State reimbursement shall be granted
under this section for authorized charter expenditures as follows:
(a) Up to forty per centum of the cost of authorized charter
expenditures up to a limit of twenty-five thousand dollars in any one
state fiscal year for any county or city.
(b) No county or city shall be eligible for reimbursement of an
authorized charter expenditure for a period of ten years following
receipt of a reimbursement under this section.
ARTICLE 5
REQUESTS OF LOCAL GOVERNMENTS FOR ENACTMENT OF SPECIAL
LAWS RELATING TO THEIR PROPERTY, AFFAIRS OR GOVERNMENT
Section 40. Requests of local governments for enactment of special laws
relating to their property, affairs or government.
S 40. Requests of local governments for enactment of special laws
relating to their property, affairs or government. The elective or
appointive chief executive officer, if there be one, or otherwise the
chairman of the board of supervisors, in the case of a county, the mayor
in the case of a city or village or the supervisor in the case of a town
with the concurrence of the legislative body of such local government,
or the legislative body by a vote of two-thirds of its total voting
power without the approval of such officer, may request the legislature
to pass a specific bill relating to the property, affairs or government
of such local government which does not in terms and in effect apply
alike to all counties, all counties other than those wholly included
within a city, all cities, all towns or all villages, as the case may
be. Such a request may be made separately by two or more local
governments affected by the same bill. Every such request shall declare
that a necessity exists for the passage of such bill by the legislature
and shall recite the facts establishing such necessity. The form of
request and the manner of its communication to the legislature shall
conform to rules promulgated by concurrent resolution of the senate and
assembly pursuant to article three-A of the legislative law. In adopting
such a request the legislative body shall be governed by the provisions
of subdivision one of section twenty of this chapter with regard to the
adoption of a local law. The validity of an act passed by the
legislature in accordance with such a request shall not be subject to
review by the courts on the ground that the necessity alleged in the
request did not exist or was not properly established by the facts
recited.