N.Y. General Municipal Law § 785: Effective date of elector initiated dissolution plan; permissive referendum

§ 785. Effective date of elector initiated dissolution plan;

permissive referendum. 1. A local government entity dissolved pursuant

to an elector initiated dissolution plan shall continue to be governed

as before dissolution until the effective date of the dissolution

specified in the elector initiated dissolution plan, which date shall be

no less than forty-five days after final approval of such plan pursuant

to subdivision three of section seven hundred eighty-four or subdivision

three of section seven hundred eighty-six of this title.

2. Notwithstanding subdivision one of this section, the elector

initiated dissolution plan shall not take effect if, no later than

forty-five days after final approval of such plan pursuant to

subdivision three of section seven hundred eighty-four or subdivision

three of section seven hundred eighty-six of this title, electors of the

local government entity to be dissolved shall:

(a) file an original petition, containing not less than the number of

signatures provided for in subdivision three of this section, seeking a

referendum on the question whether the elector initiated dissolution

plan shall take effect, with the clerk of the town in which the entity

or the greater portion of its territory is located, except that if the

entity is a village the original petition of electors from the village

shall be filed with the clerk of the village; and

(b) thereafter less than a majority of the electors vote in the

affirmative on such question at a referendum.

3. The petition shall be circulated, signed and authenticated in

substantial compliance with the provisions of section seven hundred

seventy-nine of this title, shall contain the signatures of at least

twenty-five percent of the number of electors or fifteen thousand

electors, whichever is less, in the local government entity to be

dissolved, and shall be accompanied by a cover sheet containing the

name, address and telephone number of an individual who signed the

petition and who will serve as a contact person.

4. Within ten days of the filing of the petition seeking a referendum

on whether the elector initiated dissolution plan shall take effect, the

clerk with whom the petition was filed shall make a final determination

regarding the sufficiency of the number of signatures on the petition

and provide timely written notice of such determination to the contact

person named in the cover sheet accompanying the petition. The contact

person or any individual who signed the petition may seek judicial

review of such determination in a proceeding pursuant to article

seventy-eight of the civil practice law and rules. Upon the clerk's

determination that the petition contains no less than the required

number of signatures, the governing body of the local government entity

to be dissolved shall within thirty days enact a resolution calling for

a referendum by the electors on the question whether the elector

initiated dissolution plan shall take effect and set a date for such

referendum in accordance with subdivision five of this section.

5. The referendum on the question whether the elector initiated

dissolution plan shall take effect shall be submitted at a special

election to be held not less than sixty or more than ninety days after

enactment of a resolution pursuant to subdivision four of this section,

provided, however, that in cases where a town or village general

election falls within such period, the referendum question may be

considered during a town or village general election.

6. Notice of the referendum shall be given to the electors of the

local government entity to be dissolved by publication in a newspaper

having a general circulation within the boundaries of the entity at

least once a week for four consecutive weeks immediately prior to the

referendum. The notice shall include, but not be limited to:

(a) a summary of the contents of the resolution and elector initiated

dissolution plan;

(b) a statement as to where may be examined a copy of the resolution

and elector initiated dissolution plan;

(c) the time and place or places at which the referendum will be held,

in accordance with subdivision five of this section; and

(d) such other matters as may be necessary to call, provide for and

give notice of the referendum and to provide for the conduct thereof and

the canvass of the returns thereupon.

7. In a referendum held pursuant to this section, the referendum

question shall be placed before the electors of the local government

entity to be dissolved in a form reading substantially as follows:

"The voters of the (insert type and name of local government entity to

be dissolved) having previously voted to dissolve, shall the elector

initiated dissolution plan take effect?

YES ____

NO ____"

8. The elector initiated dissolution plan shall not take effect unless

a majority of the electors voting in the local government entity to

which the petition applies votes in favor of dissolution. If such a

majority vote does not result, the referendum shall fail and dissolution

shall not take effect.