N.Y. Municipal Home Rule § 33: Power to adopt, amend and repeal county charters

§ 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.