State Codes and Statutes

Statutes > New-york > Mhr > Article-3 > 23

§  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.

State Codes and Statutes

Statutes > New-york > Mhr > Article-3 > 23

§  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Mhr > Article-3 > 23

§  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.