ny constitution fresh squeezed 96
Provisions

III.26 of 1936 • Boards of supervisors.

APPROVED

The Text

1. There shall be in each county, except in a county wholly included in a city, a board of supervisors, or other elective body, to be composed of such members and elected in such manner and for such period as is or may be provided by law.
2. The legislature shall provide by law for the organization and government of counties and shall provide by law alternative forms of government for counties except counties wholly included in a city and for the submission of one or more such forms of government to the electors residing in such counties. No such form of government shall become operative in any such county unless and until adopted at a general election held in such county by receiving a majority of the total votes cast thereon in (1) the county, (2) every city containing more than twenty-five per centum of the population of the county according to the last preceding federal census, and (3) that part of the county, if any, outside of such cities. Any such form of government shall set forth the structure of the county government and the manner in which it is to function. Any such form of government may provide for the appointment of any county officers or their selection by any method of nomination and election, or the abolition of their offices. and may also provide for the exercise by the board of supervisors or other elective body of powers of local legislation and administration and the transfer of any or all of the functions and duties of the county and the cities, towns, villages, districts and other units of government contained in such county to each other or to the state, and for the abolition of offices, departments, agencies or units of government when all of their functions are so transferred without regard to the provisions of article ten or any other provisions of this constitution inconsistent herewith. The boards of supervisors or other elective bodies of any two or more such counties may by agreement provide for the discharge within the territorial limits of such counties or parts thereof of one or more governmental functions.
3. Nothing herein contained shall be deemed to impair or restrict the existing power of the legislature to enact laws relating to the government of a county or the cities, towns, villages, districts or other units of government therein contained until the adoption of a form of government by such county pursuant to subdivision two of this section.
4. After the adoption of a form of government by a county pursuant to subdivision two of this section, the legislature shall not pass any law relating to the a property, affairs or government of such county, which shall be special or local either in its terms or in its effect, but shall act in relation to the property, affairs or government of any such county only by general laws which shall in terms and in effect apply alike to all such counties except on message from the governor declaring that an emergency exists and the concurrent action of two-thirds of the members of each house of the legislature and no law, special or local in its terms or in its effect, which abolishes or creates an elective office or changes the voting or veto power of or the method of removing an elective officer, changes the term of office or reduces the salary of an elective officer during his term of office, abolishes, transfers or curtails any power of an elective officer, changes the form or composition of the elective body of such county, or provides a new form of government for such county, shall become effective without adoption by the electors of such county in the manner prescribed in subdivision two of this section for the adoption of a form of government for such counts pursuant thereto. Nothing herein contained shall impair or restrict the power of the legislature to enact laws relating to matters other than the property, affairs or government of such county.
5. If under a form of government, adopted by a county pursuant to subdivision two of this section, the board of supervisors be abolished, the powers and duties of the board of supervisors, as prescribed by the constitution, or by statute if not provided for by such form of government, shall devolve upon the elective body in such county.
6. In a city which includes an entire county, or two or more entire counties, the powers and duties of a board of supervisors may be devolved upon the municipal assembly, common council, board of aldermen or other legislative body of the city.
7. Existing laws applicable to the government of counties and the cities, towns, villages, districts and other units of government therein contained shall continue in force until repealed, amended modified or superseded by law or by a form of government and nothing contained in this section shall be construed to impair the provisions of article twelve of this constitution.


A Few Facts

• Joined the Constitution in 1936

• In Article III: Legislature

• Has 829 words

• Was proposed by the Legislature

• Went to NYS voters as proposed amendment 1 of 1935

• Changed the text of a previously existing provision

• Amends or builds on:
1930-III.26

Credits

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