2023 New York Laws › MHR - Municipal Home Rule › Article 4 - Powers of Counties and Cities to Adopt Charters › Part 2 - City Charter Revision › 36 - Provisions for Adoption of New or Revised City Charter Proposed by a Charter Commission.

§  36. Provisions for adoption of new or revised city charter proposed
by a charter commission. 1. A local law providing a new or revised  city
charter  also  may  be adopted in any city pursuant to the provisions of
this section.
2. The legislative body may adopt a local law providing  for  (a)  the
establishment of a commission to draft a new or revised city charter, or
(b)  the submission to the electors of such city at a general or special
election of the question: "Shall there be a commission to draft a new or
revised city charter as proposed by local law number . . . . .  .    for
the  year . . . . . ?" Such question may also specify the composition of
such commission as provided in such local law. Such  election  shall  be
held not less than sixty days after the adoption of such local law. Such
local  law  shall fix or provide the method of determining the number of
members of such commission and determine whether the  members  shall  be
elected  or  appointed, or partly elected and partly appointed. It shall
also prescribe the manner of  appointment  of  appointive  members,  the
manner  of  election  of  elective  members and whether elective members
shall be elected by the city at large or by districts described in  such
local  law.  In  a  case  where a question is so submitted, the elective
members of the commission, if any, shall be elected at the  election  at
which  the  question  is  submitted.  If the question be answered in the
affirmative by a majority vote of the qualified electors  of  such  city
voting  thereon,  the  members  of  the charter commission, appointed or
elected thereto, shall be a charter commission of such city, except that
if at the same election  more  than  one  proposal  for  establishing  a
charter  commission  receives  such approval only the proposal receiving
the largest number of affirmative votes shall be deemed adopted.
3. A local law for the creation of a commission  to  draft  a  new  or
revised  city  charter  also  may  be  adopted  in the following manner:
Qualified electors of a city, registered to vote  therein  at  the  last
preceding  general  election,  in  number  equal to at least fifteen per
centum of the total number of  votes  cast  for  governor  at  the  last
gubernatorial  election  in such city, or forty-five thousand, whichever
is less, may file in the office of the city clerk  a  petition  for  the
submission  to the electors of such city of a proposed local law for the
creation of a commission to draft a new or revised city charter for such
city and if such petition is found to meet all the requirements of  law,
the  legislative  body  of  the  city shall submit such local law to the
electors of such city at the next general election therein held not less
than sixty days after the filing of such petition. Such  proposed  local
law shall fix or provide the method of determining the number of members
of  such  commission  and shall provide for its composition. It may name
all or any  of  such  members  and  may  provide  for  the  election  or
appointment  of  all  or  any  of them. It shall prescribe the manner of
appointment of appointive members and the time and manner of election of
elective members. It shall also determine whether elective members shall
be elected from the city at large or  by  districts  described  in  such
local  law.  Such  petition  shall  conform to the provisions of section
twenty-four in relation to petitions. It shall be examined and  reported
on  by  the  city  clerk  as  prescribed in such section, and objections
thereto shall be disposed of by the supreme court as prescribed by  such
section.  The  city  clerk shall transmit such proposed local law in the
form in which it is to be submitted, which shall  include  the  proposed
composition  of  such  commission, to the election officers charged with
the duty of publishing the notice of such election. If two or more  such
petitions  are  filed providing for the submission of different proposed
local laws, the city clerk shall designate each such proposed local  law
numerically  in the order of the time of the filing of the petitions. If

such a proposed local law receives the affirmative vote of a majority of
the qualified electors of such city voting thereon, the members  of  the
charter  commission  named in such local law, or elected or appointed as
prescribed therein, shall be the charter commission of such city, except
that  if at the same election more than one local law for establishing a
charter commission receives the affirmative vote of a  majority  of  the
qualified  electors  of such city voting thereon, only the one receiving
the largest number of affirmative votes shall be deemed adopted and  the
members  of the charter commission named in such local law or elected or
appointed as prescribed therein, shall be the charter commission of such
city.
4. A charter commission to draft a new or  revised  city  charter  may
also  be created by the mayor of any city. Such commission shall consist
of not less than nine nor more than fifteen members, all of  whom  shall
be  residents  of  the  city. Original appointments to such a commission
shall be made by the mayor by a certificate of appointment  which  shall
specify  the  number  of,  and  names  of, the members to constitute the
commission, which certificate shall be filed  forthwith  with  the  city
clerk.  The  chairman, vice-chairman and secretary shall be appointed by
the mayor from among the members of the commission. Any vacancy  in  the
membership  of  such  a commission or of its officers shall be filled by
the mayor.
5. (a) The charter commission of  a  city  created  pursuant  to  this
section shall review the entire charter of such city and prepare a draft
of  a  proposed  new  or revised charter of such city. If the commission
shall decide to leave a part of the existing charter unchanged,  it  may
propose  in one or more amendments a revision of the remaining parts. In
such case it shall  make  a  report  to  the  public,  accompanying  its
proposals,  in  which it shall refer specifically to such unchanged part
and explain its decision to leave  such  part  unchanged.  The  proposed
charter  or  such  amendments may contain such provisions or effect such
results as may be made or effected by local law under the provisions  of
this  chapter,  and,  subject  to  the  provisions  of  paragraph (c) of
subdivision four of  section  ten  of  this  chapter,  may  contain  any
provisions of the existing charter of such city deemed necessary to make
a  complete  charter  of  such  city  or  appropriate  amendments to the
existing charter, with such changes in the headings and in the numbering
of the titles, articles, chapters,  sections  and  subdivisions  wherein
such  provisions  are  found  in  the  existing charter as may be deemed
appropriate to correlate and coordinate them with the  other  provisions
in the proposed new or revised charter and with such changes in the text
of  such provisions as may be deemed desirable to clarify the meaning of
such provisions, and to vest in any of the officers of the city provided
for in the proposed new  or  revised  charter  any  power  or  authority
contained in such provisions.
(b) Such new charter or amendments shall be completed and filed in the
office  of  the  city  clerk  in time for submission to the electors not
later than the second general election after the charter  commission  is
created  and  organized.  The  local law or certificate establishing the
commission or, in the absence of such  provision  therein,  the  charter
commission  shall  provide  for  such  publication or other publicity in
respect to the provisions of the proposed charter or  amendments  as  it
may  deem proper, and for submission thereof to the electors of the city
at a general or special election held not earlier than sixty days  after
the  filing  thereof  in the office of the city clerk and not later than
the next general election which does not occur  within  the  said  sixty
days,  provided,  however,  that  if such general election occurs within
ninety days after the said filing, the proposed  charter  or  amendments

shall  be  submitted  at  such  general election. At such election, if a
proposed new charter is submitted as a single proposal, there  shall  be
submitted to the qualified electors of the city the question: "Shall the
new  city  charter proposed by the city charter commission be adopted ?"
The charter commission may, however, require that its  proposed  charter
be  submitted  in two or more parts so arranged that corresponding parts
of the existing charter shall remain in effect if one or  more  of  such
parts are not adopted, or may in lieu of a new charter submit a revision
of  the  existing  charter in one or more amendments and may also submit
alternative  charters  or  amendments  or  alternative   provisions   to
supersede  designated  portions  of  a  proposed charter or amendment if
adopted. In such case the charter commission shall prescribe the form of
the questions to be  submitted,  which  shall  be  such  as  clearly  to
indicate the effect of their approval.
(c)  No  provision  for  the  election of any elective officers by any
system of proportional representation shall become effective  under  the
provisions  of  this  section unless a definite question with respect to
the adoption of such system for the election of such officers shall have
been submitted as a separate question and  separately  approved  at  the
same  election  by  the  affirmative vote of a majority of the qualified
electors voting thereon.
(d) If any question submitted by the charter commission  receives  the
affirmative  vote  of  a  majority of the qualified electors of the city
voting thereon, the proposal submitted  thereby  shall  take  effect  as
specified  therein and the new charter or the amendment or amendments to
the existing charter as so proposed shall become operative as prescribed
therein; except that if there be a conflict between  the  provisions  of
two or more proposals approved by the electors at the same election, the
proposal receiving the largest number of affirmative votes shall prevail
to the extent of such conflict.
(e)  At  any  election  at  which  any  question or questions shall be
submitted to the qualified electors of the city by a charter  commission
pursuant  to  this  section  or  within  sixty days thereafter, no other
question or questions shall be  submitted  to  or  voted  upon  by  such
electors pursuant to any local law, ordinance, resolution or petition if
such  commission  was  created  pursuant  to  subdivision  four  of this
section, and no such other question  or  questions  shall  be  submitted
except  by  another  charter  commission  if such commission was created
otherwise, if  such  other  question  or  questions  involve  or  relate
directly  or  indirectly  to  the  adoption  of  a new city charter, the
amendment of a city charter, charter revision, the  establishment  of  a
commission  to  draft  a  new or revised city charter, or the functions,
powers or duties of any elective officer of the city, except as provided
in paragraph (g) of this subdivision.
(f) While a charter commission is in existence under the provisions of
this section, the  local  legislative  body  shall  not  submit  to  the
electors  any  of the questions specified in subdivision (e) except at a
general election.
(g) If a proposed local law submitted pursuant to section thirty-seven
of this chapter would under the provisions of such section be  submitted
at  a  general  election at which a question or questions submitted by a
charter commission are to be voted on,  such  local  law  shall  not  be
submitted  at  such  election  but  shall  be  submitted  at the general
election in the year following regardless of other questions  which  may
be  voted on at the latter election and notwithstanding any inconsistent
provision of this title.
6. Any charter commission created under this  section  shall  also  be
subject to the following provisions:
(a)  Members of the commission shall receive no compensation for their
services, but shall be reimbursed for the actual and necessary  expenses
incurred by them in the performance of their duties.
(b)  The  commission  shall  appoint  and  may at pleasure remove such
employees and consultants as it shall require and fix their compensation
and may accept any services, facilities or funds and use or  expend  the
same  for its purposes. On request of the commission, the mayor or, in a
city having a city manager, the city manager may direct any board, body,
officer or employee of the  city  to  cooperate  with,  assist,  advise,
provide  facilities,  materials  or  data  and  render  services  to the
commission.
(c) In addition to action under any other power to make appropriations
for the support of a charter commission, the  appropriate  officials  of
the  city shall have power, on request of the commission, to appropriate
to such commission such sum or sums as shall be necessary to defray  its
expenses  and, in the event the appropriating body or bodies do not take
affirmative action to provide such sum or sums within forty-five days of
the commission's request, the mayor of the  city  shall  have  power  to
authorize,  by  certificate filed with the fiscal officer or officers of
the city, the commission to incur liabilities and expenses as  specified
by him, but within the sum or sums so requested, which shall be a charge
against  the city and which shall be audited and paid by the appropriate
officials of the city.
(d) No person shall be disqualified to serve as a member, employee  or
consultant  of  the  commission  by  reason  of holding any other public
office or employment, nor shall he forfeit any such office or employment
by reason of his appointment hereunder, notwithstanding  the  provisions
of any general, special or local law, ordinance or city charter.
(e)  The terms of office of the members of the commission shall expire
on the day of the election at which the proposed new charter or  charter
amendments  prepared  by  the  commission are submitted to the qualified
electors of the city, or on the  day  of  the  second  general  election
following  the  organization of the commission if no such questions have
been submitted by that time.
(f) The commission shall conduct public  hearings.  It  shall  conduct
such public hearings at such times and at such places within the city as
it shall deem necessary. The commission shall also have power to conduct
private  hearings,  take  testimony,  subpoena witnesses and require the
production of books, papers and records.
(g) The provisions of the election law or any other  law  relating  to
the submission of questions at general elections, so far as the same are
applicable  and  not  inconsistent  herewith,  shall apply to a question
submitted pursuant to the provisions of this section.