Provisions
IX.2 of 1939 • Counties; alternative forms of government for; effect of adoption thereof.
APPROVED
The Text
(a) The legislature 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 county unless and until adopted at a general election held in such county by receiving a majority of the total votes cast thereon in the county, and if any such form of government provides for the transfer of any function of local government to or from the cities, the towns or the villages of the county, or any class thereof, it shall not take effect with respect to such transfer unless the transfer or the form of government containing it, shall also receive a majority of all the votes cast thereon in such cities, towns, villages, or class thereof, as the case may be.
(b) 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 governing 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 this article or any other provisions of this constitution inconsistent herewith.
(c) Except as provided in subdivision (b) of section 1 hereof 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 (a) of this section.
(d) After the adoption of a form of government by a county pursuant to subdivision (a) of this section, no law enacted pursuant to subdivision (b) of section 1 hereof 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, or changes the form or composition of the elective body of such county, shall become effective until at least sixty days after its final enactment. If within such sixty days electors of the county in number equal to at least five per centum of the total number of votes cast in the county for governor at the last gubernatorial election shall file a petition with the county clerk or corresponding officer of the county protesting against such law, it shall become effective only if approved by the electors of such county at the next ensuing general election held at least sixty days thereafter, in the manner provided in subdivision (a) of this section for the adoption of a form of government.
(e) If under a form of government adopted by a county pursuant to subdivision (a) 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 governing body in such county.
(f) 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 council or other legislative body of the city.
A Few Facts
• Joined the Constitution in 1939
• In Article IX: Local Governments
• Has 669 words
• Was proposed by the Constitutional Convention
• Went to NYS voters as proposed amendment 1 of 1938
• Changed the text of a previously existing provision
• Amends or builds on:
◦ 1936-III.26
Credits
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