§ 23 — Local laws subject to mandatory referendum

New York § 23

• Jurisdiction: New York
• Law MHR: Municipal Home Rule
• Art. 3: Procedure For Adoption of Local Laws; Referenda; Filing and Publication

Text

§ 23. Local laws subject to mandatory referendum. 1. A local law\nsubject to mandatory referendum as provided in this section or in any\nother state statute, shall be submitted for the approval of the electors\nat a general election of state or local government officers in such\nlocal government held not less than sixty days after the adoption\nthereof unless such local law provides for its submission for approval\nof the electors at a special election or unless, within thirty days\nafter the adoption of such local law, a petition signed, authenticated\nand subject to certification by the clerk as provided for other\npetitions in section twenty-four of this chapter is filed with such\nclerk requesting its submission at a special election. If the local law\nso provides or if a valid petition is so filed requesting the submission\nof the local law at a special election, it shall be submitted at such a\nspecial election held in such local government not less than sixty days\nafter the adoption of the local law, the date for which special election\nshall be fixed by the legislative body. In either case such local law\nshall become operative as prescribed therein only if approved at such\nelection by the affirmative vote of a majority of the qualified electors\nof such local government voting upon the proposition.\n 2. Except as otherwise provided by or under authority of a state\nstatute, a local law shall be subject to mandatory referendum if it:\n a. In the case of a city, provides a new charter for such city.\n b. In the case of a city, town or village, changes the membership or\ncomposition of the legislative body or increases or decreases the number\nof votes which any member is entitled to cast.\n c. Changes the veto power of the elective chief executive officer.\n d. Changes the law of succession to the office of the chief executive\nofficer of a county elected on a county-wide basis or if there be none\nthe chairman of the board of supervisors, the mayor of a city or village\nor the supervisor of a town.\n e. Abolishes an elective office, or changes the method of nominating,\nelecting or removing an elective officer, or changes the term of an\nelective office, or reduces the salary of an elective officer during his\nterm of office.\n f. Abolishes, transfers or curtails any power of an elective officer.\n g. Creates a new elective office.\n h. In the case of a city, changes the boundaries of wards, or other\ndistricts, from which members of the county board of supervisors, chosen\nas such in such city to represent the city, are elected.\n i. Changes a provision of law relating to public utility franchises.\n j. In the case of a city, reduces the salary or compensation of a city\nofficer or employee, increases his hours of employment or changes his\nworking conditions if such salary, compensation, hours or conditions\nhave been fixed by a state statute and approved by the vote of the\nqualified electors of the city. No provision effecting such reductions,\nincreases or changes contained in any local law or proposed new charter\nshall become effective unless the definite question with respect to such\nreductions, increases or changes shall be submitted separately from any\nprovisions not relating to such reductions, increases or changes and\napproved by the affirmative vote of a majority of the qualified electors\nvoting thereon.\n k. In the case of a city, changes a provision of law relating to the\nmembership or terms of office of the civil service commission of the\ncity.\n