2023 New York Laws › MHR - Municipal Home Rule › Article 4 - Powers of Counties and Cities to Adopt Charters › Part 1 - The County Charter Law › 33 - Power to Adopt, Amend and Repeal County Charters.

§  33. Power to adopt, amend and repeal county charters. 1. Subject to
restrictions in the constitution,  in  this  article  or  in  any  other
applicable  law,  the  board  of supervisors of any county as defined in
section thirty-two of this article and including but not  limited  to  a
county which has heretofore adopted a charter enacted by the legislature
shall have power to prepare, adopt, amend or repeal a county charter.
2.  A  county  charter  shall  set  forth  the structure of the county
government and the manner in which it is to function. Such  charter  may
provide for the appointment of any county officers or their selection by
any  method  of nomination and election, provided that there shall be an
elective board of supervisors, the members  of  which  shall  be  deemed
county officers, which shall determine county policies and exercise such
other functions as may be assigned to it.
3. Such a county charter shall provide for:
a.  The  exercise  by  the board of supervisors of the powers of local
legislation and appropriation of the county.
b. The agencies or officers responsible for  the  performance  of  the
functions,  powers  and  duties  of  the  county  and of any agencies or
officers thereof and the manner of election  or  appointment,  terms  of
office, if any, and removal of such officers.
c.  The  equalization of real property taxes consistent with standards
prescribed by the legislature.
4. Such a county charter may:
a. Assign executive or administrative functions, powers and duties  to
elective or appointive officers.
b. Empower an executive officer elected on a county-wide basis to veto
actions  of  the  board of supervisors, with provision for overriding of
such vetoes by a specified percentage or percentages of  votes  of  such
board.
c.  In  accordance with subdivision (h) of section one of article nine
of the constitution, provide for the transfer of one or  more  functions
or  duties of the county or of the cities, towns, villages, districts or
other units of government wholly contained in such county to each  other
or when authorized by the legislature to the state, or for the abolition
of  one  or  more  offices,  departments  or  agencies  of such units of
government when all of their functions or duties are so transferred.
d. Provide for an  administrative  code  which  shall  set  forth  the
details  of  administration of the county government in harmony with the
provisions  of  the  county   charter   and   may   contain   revisions,
simplifications,   consolidations,  codifications  and  restatements  of
special laws, local laws, ordinances, resolutions, rules and regulations
consistent with the county charter.
e. Provide for the termination of the  terms  of  office  of  existing
officers.
5.  The board of supervisors by resolution may provide that a draft of
a proposed county charter, or of an amendment or repeal  thereof,  shall
be  prepared  under  its  supervision,  the supervision of an officer or
committee of the board, or by  a  charter  commission  appointed  by  or
pursuant  to such resolution. The county attorney or other legal advisor
shall provide such assistance and cooperation as shall  be  required  of
him  and  for  such purpose shall have power to employ or retain special
counsel and technical advisors and assistants within appropriations made
available therefor.
6. Where  a  petition  is  filed  with  the  clerk  of  the  board  of
supervisors signed by electors of the county equal in number to at least
ten  per  centum  of  the  whole  number of votes cast in the county for
governor at the last  gubernatorial  election,  asking  that  a  charter
commission  be  created  by the board of supervisors and be composed and

appointed as provided by the board of supervisors, and where  the  board
of  supervisors does not on its own motion create and appoint or provide
for the appointment of such a charter  commission  within  three  months
after such filing, the board of supervisors shall cause a proposition to
be  submitted to the electors of the county at the next general election
occurring not less than five months after such filing, on  the  question
of  whether  such  a  charter  commission  should  be so established and
appointed. The provisions of subdivision eight  of  this  section  shall
apply  to  the  preparation  of  the  form  of  such proposition and its
submission at such general election.  If  such  proposition  receives  a
majority  of  the  votes  cast  thereon  in  the  county at such general
election, the board of supervisors within two months after such  general
election  shall  provide  for  the  creation  of such commission and its
members shall be appointed within such two-month period. The  provisions
of  subdivision  five  hereof, so far as applicable, shall apply to such
charter commission.
7. A charter law
(a) providing a county charter, or
(b) proposing an amendment or repeal of one or more provisions thereof
which would have the effect of transferring a function or  duty  of  the
county,  or  of  a  city, town, village, district or other unit of local
government wholly contained in the  county,  shall  conform  to  and  be
subject  to consideration by the board of supervisors in accordance with
the provisions of this chapter generally applicable to the form  of  and
action  on  proposed local laws by the board of supervisors. If a county
charter, or a charter law as described in this subdivision,  is  adopted
by  the  board  of supervisors, it shall not become operative unless and
until it is approved at a general election or  at  a  special  election,
held  in  the  county  by  receiving  a majority of the total votes cast
thereon (a) in the area of the county outside of cities and (b)  in  the
area of the cities of the county, if any, considered as one unit, and if
it  provides  for  the  transfer  of any function or duty to or from any
village or for the abolition of any office, department, agency  or  unit
of  government of a village wholly contained in the county, it shall not
take effect unless it shall also receive a majority  of  all  the  votes
cast  thereon  in  all  the villages so affected considered as one unit.
Such a county charter or charter law shall provide for its submission to
the electors of the county at the next general election or at a  special
election,  occurring not less than sixty days after the adoption thereof
by the board of supervisors. Such a county charter or  charter  law  may
provide  for the separate submission to the electors at such election of
one or more variations of the provisions of  such  county  charter.  Any
such  variation  may  include,  but  shall  not  be limited to, proposed
transfers of functions of local  government  to  other  units  of  local
government or a class or classes thereof.
8.  The form of each proposition submitted to the electors of a county
pursuant hereto  shall  be  prepared  by  the  clerk  of  the  board  of
supervisors  with  the  advice of the county attorney or other principal
legal advisor. They also shall prepare a brief abstract  of  the  county
charter  or  charter  law  so  submitted. The form and abstract shall be
transmitted to the board of  elections  of  the  county.  The  board  of
elections,  at  least twenty days before the election, shall send two or
more copies thereof to the clerk of each city, town and village  in  the
county  to  be  made  a  public  record  in his office and shall cause a
sufficient number of copies to be printed  and  made  available  to  the
electors  at  the  time  of registration or otherwise. In addition, such
board of elections shall cause a  sufficient  number  of  copies  to  be
delivered  with  the  other  election  supplies  and  distributed to the

electors at the election. The board of elections shall cause  each  such
proposition  to be submitted to the electors of the county in the manner
provided in the election law and, so far as applicable,  in  subdivision
two  of  section one hundred two of the county law. Expenses incurred in
connection with the submission of any  proposition  under  this  article
shall be a charge against the county.
9.  If  two or more propositions having conflicting provisions receive
the majorities required for adoption under  this  section  at  the  same
election,  the proposition involved in each such conflict which receives
the largest affirmative  vote  shall  prevail  to  the  extent  of  such
conflict;  but  in  all  other respects such proposition shall be deemed
adopted. Where a proposition submitted to the electors of a county under
the provisions of this  article  receives  the  majority  or  majorities
required  for adoption, it shall become operative as prescribed therein,
subject to any conditions prescribed therein.