NY Mun Home Rule L § 37 (2021)
2021 New York Laws MHR - Municipal Home Rule Article 4 - Powers of Counties and Cities to Adopt Charters Part 2 - City Charter Revision 37 - Provisions for Adoption of City Charter Amendments or New City Charters Initiated by Petition.

§  37.  Provisions for adoption of city charter amendments or new city   charters initiated by petition. 1. A local law amending a  city  charter   (however  extensively)  or  providing  a  new  city charter, also may be   adopted in accordance with the provisions of this section.2. Qualified electors of a city, in number equal to at least  ten  per   centum of the total number of valid votes cast for governor in such city   at  the last gubernatorial election, or to thirty thousand, whichever is   less, may file in the office of  the  city  clerk  a  petition  for  the   submission  to  the electors of the city of such a proposed local law to   be set forth in full in the petition. Qualified electors shall be deemed   for this purpose to be voters  of  the  city  who  were  registered  and   qualified  to  vote  in such city at the last general election preceding   the filing of the petition.3. Such local law shall set forth the new matter to be  added  to  the   charter  either  in  italics  or underlined and the matter to be deleted   therefrom either in brackets or with lines drawn through it,  and  after   adoption  the  matter  so  set forth in italics or underlined may be set   forth in the charter in ordinary type, and the  matter  in  brackets  or   with  lines  through  it may be omitted; but failure so to set forth any   provision  of  the  charter  which  is  in  fact  superseded  shall  not   invalidate the amendment or new charter or any portion thereof.4.  Such  a  local  law  may  amend, repeal or supersede any local law   inconsistent with the charter amendment or new charter proposed  thereby   or any inconsistent provision of a state statute which may be amended by   local  law,  in which event it shall specify the chapter number and year   of enactment, sections, subsections or other parts of  each  statute  or   local  law  so affected. Such a local law also may contain provisions as   described in paragraph (a) of subdivision four of section thirty-six  of   this chapter.5.   Such   petition  shall  conform  to  the  provisions  of  section   twenty-four of this chapter  in  relation  to  petitions.  It  shall  be   examined  and  reported  on by the city clerk as prescribed therein, and   objections thereto  shall  be  disposed  of  by  the  supreme  court  as   prescribed  by  such  section.  In addition, the city clerk, at the same   time that he transmits to the legislative body his certificate that  the   petition  complies  or does not comply with all the requirements of law,   shall transmit a copy of such certificate to  the  person  by  whom  the   petition  was  filed  and,  if  he  certifies that the petition does not   comply with all  the  requirements,  shall  state  in  such  certificate   specifically  in  what  respects it fails to comply. If he shall certify   that there is an insufficient number of valid signatures, he shall  make   available  to  the  legislative  body  a  statement  as to the number of   signatures found to be invalid and the reasons for such invalidity,  and   shall  make  the  same  information  available to the person by whom the   petition was filed and make it,  together  with  the  petition  and  his   notations  of  rulings  thereon  or relative thereto, a matter of public   record in his office. A finding by the city clerk that a  petition  does   not  comply  with  all  the  requirements  of  law may be contested in a   proceeding in the supreme court.6. Whether or not he finds the petition  sufficient,  the  city  clerk   shall  transmit  such  proposed  local  law forthwith to the legislative   body. If the proposed local law is such that a mandatory  referendum  is   not required for its adoption under the provisions of this chapter or of   the  city  charter,  such  legislative  body may adopt it as its own act   pursuant to article three of this chapter. If a mandatory referendum  is   required, the legislative body may submit it to the electors of the city   at  the  next  general  election occurring at least sixty days after the   legislative body votes to submit it. 7. If, however, such a petition meets all the requirements of law  and   during  a  period of two months immediately following the filing thereof   such legislative body shall fail so to  adopt  such  local  law  without   change  or  to  submit  it without change to the electors of the city as   aforesaid, an additional petition filed with the city clerk at least two   months  and  not  more than four months after the filing of the original   petition and signed at  any  time  prior  to  its  filing  by  qualified   electors  who  did not sign the original petition, equal in number to at   least five per centum of the total number of votes cast for governor  in   such  city  at  the last gubernatorial election, or to fifteen thousand,   whichever is less, may require the submission of the local  law  at  the   next  general election held not less than sixty days after the filing of   such additional petition.8. Such an additional petition shall conform to  the  requirements  of   subdivision five for an original petition and shall be dealt with by the   city  clerk  and  by the supreme court in the same manner as an original   petition except that the city clerk shall submit his certificate  as  to   its sufficiency within twenty days after it is filed with him.9.  When  so  required  by  the  filing of such an additional petition   complying with all  the  requirements  of  law,  the  city  clerk  shall   transmit  such  proposed  local  law  in  the  form in which it is to be   submitted to the election officers charged with the duty  of  publishing   the  notice of such election, and the legislative body shall provide for   suitable publication thereof and publicity thereon for  the  information   of  interested voters. If there be more than one such proposed local law   to be voted upon at such election, each such proposed local law shall be   separately and consecutively numbered.10. Any political committee organized for the purpose of supporting or   opposing any charter amendment or new charter submitted  to  the  voters   under  the  provisions  of  this section shall have the same rights as a   political party to  name  watchers  and  challengers  to  serve  at  the   election at which the question is submitted.11.   No  such  petition  for  a  proposed  local  law  requiring  the   expenditure of money shall be certified as sufficient by the city  clerk   or  become effective for the purposes of this section unless there shall   be submitted, as a part of such proposed local law, a  plan  to  provide   moneys and revenues sufficient to meet such proposed expenditures.  This   restriction  shall  not prevent the submission of a local law to adopt a   new charter or to reorganize the functions of city government, or a part   thereof, relying partly or solely  on  normal  budgetary  procedures  to   provide  the  necessary  moneys  to meet the expenses of city government   under such reorganization, whether or not such  reorganization  includes   the  creation  of  new  offices,  provided only that such reorganization   shall not require specific salaries or the expenditure of specific  sums   of money not theretofore required.12. No charter amendment or new charter submitted under the provisions   of  this  section  which  requires the expenditure of money shall become   effective with respect to such expenditure before the beginning  of  the   first  fiscal year for which a city budget is prepared and adopted after   the adoption of the amendment or new charter.13. If any such proposed local law receives the affirmative vote of  a   majority of the qualified electors of such city voting thereon, it shall   become  operative as prescribed therein, except that in case of conflict   between provisions of two  or  more  local  laws  adopted  at  the  same   election the local law receiving the largest number of affirmative votes   shall prevail to the extent of such conflict.