reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j › Section 811.3 - Limitations and priorities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Priority shall be given to those projects where it is shown that the proposed
				study concerns a project that is common to a number of units of local
				government and the results may be used advantageously by other units of local
				government.
(b) Projects for which
				other State or Federal aid is available for the financing of the proposed study
				shall not be eligible for assistance under this program.
(c) No applications covering comprehensive
				studies for the collection, treatment and disposal of refuse or sewerage or for
				an areawide public water supply, shall be eligible for assistance under this
				program. Any such applications received shall be forwarded to the New York
				State Health Department for consideration under the provisions of the Public
				Health Law or the Conservation Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j › Section 811.4 - Powers and duties of the commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall:
(a) Determine and initiate the necessary
				coordination procedures with other State and local agencies interested or
				concerned with the particular service being studied and coordinate the study
				with State and Federal financial aid programs.
(b) Review the scope or the area of a study
				to make sure of an adequate evaluation of the proposed municipal
				service.
(c) Review the
				qualifications and experience record of the consultant proposed by the
				municipality prior to the execution of the contract; he shall contract only
				with such persons or firms who have demonstrated qualifications to execute the
				study proposed.
(d) Approve
				applications for State aid and advise local agencies and participating
				municipalities of the approval of their applications.
(e) Execute contracts for consultant services
				necessary for such studies and reports jointly with the local agency requesting
				State aid therefor.
(f) Review and
				approve the amount of compensation to be paid for such consultant services and
				the methods of determining such compensation.
(g) Receive, review and approve final reports
				of local agencies prior to final payment.
(h) Approve vouchers for the payment of State
				aid grants.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j › Section 811.5 - Eligible applicants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				two or more counties (except the five counties within the City of New York),
				cities, towns or villages or any combination of these units may apply to the
				commissioner for State aid to finance part of the costs of a comprehensive
				study and report concerning a joint municipal service or facility. School
				districts may also apply for such grants provided they are acting in
				conjunction with a county (except the five counties within the City of New
				York), city, town or village or any combination of these units. School
				districts may not apply for a grant to cooperate with another school district.
				Fire districts may make such application for State aid for a comprehensive
				study and report only in conjunction with another fire district.
(b) The eligible applicants shall delegate
				the responsibility for the comprehensive study and report to an appropriate
				"local agency". Such local agency may be created pursuant to the provisions of
				General Municipal Law, article 12-c, section 239-n (joint municipal survey
				committees). The local agency shall be designated by a resolution of the
				legislative body of the municipality. The resolution shall provide for the
				number of members to be appointed by each unit of local government; a fiscal
				officer, who shall be one of the fiscal officers of the cooperating
				municipalities, and shall be bonded; the apportionment of costs among the units
				of local government; and an appropriation of sufficient funds to meet the local
				government units share of the costs of the committee's expenses. Fire districts
				shall designate the local agency pursuant to General Municipal Law, article
				5-J. A copy of the resolution designating or creating the local agency shall be
				annexed to the application for State aid.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j › Section 811.6 - Eligible activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Eligible activity shall mean joint provision of any specific municipal
				facility, service, activity, project or undertaking or the cooperative
				performance or exercise of any specific function or power which each of the
				municipal corporations or districts has the power by any other general or
				special law to provide, perform or exercise separately.
(b) No single grant shall be in excess of
				$20,000. The study shall be of such magnitude as to make a significant impact
				on the local government units when carried out. The report shall consider
				specific municipal problems rather than generalized studies of governmental
				procedures. Applications proposing studies of refuse removal and disposal,
				sewers and sewerage disposal, water supply and distribution, the creation,
				dissolution, organization or reorganization of local governments and those
				proposing studies of municipal boundaries or annexations, shall not be eligible
				for assistance.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j › Section 811.7 - Financing cooperative studies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner may make or contract to
				make within the budgetary appropriation therefor a State grant for payment to a
				local agency to cover 75 percent of the cost, as determined by him, of the
				preparation of a comprehensive study and report, provided, however, that
				because of the current limitation on State aid contained in the relevant 1969
				appropriation act, the amount of a State grant for such payment cannot exceed
				71 percent of such cost until the current limitation is removed or
				modified.
(b) The local and State
				share of all aid funds shall be maintained in a separate bank account under the
				control of the fiscal officer of the local agency.
(c) Partial payments may be made. Requests
				for partial payments must be accompanied by a progress report outlining work
				completed to date. Requests for payment shall be made on vouchers furnished by
				the commissioner.
(d) Suitable
				records shall be maintained by the consultant and the agency contracting for
				the report. These records shall be kept on file for a period of three years
				after the completion of the report.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j › Section 811.8 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				applications shall be on a form furnished by the commissioner.
(b) All applications shall be submitted to
				the commissioner through the Office for Local Government area offices as
				directed on the application form. Each area representative shall advise and
				assist the local agencies in the preparation and submission of all
				applications.
(c) The applications
				shall define the common problem proposed to be studied and outline the scope of
				the proposed study.
(d) The
				application shall give the names of three or more consultants, together with a
				summary of the experience of each, which will reflect a particular competency
				to engage in such a comprehensive study and report of the scope
				proposed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j › Section 811.9 - Review of application

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of the application, the commissioner
				  shall:
(a) Make a determination as to
				whether the proposed study is practical, logical, and reasonable taking into
				consideration the types of local governments involved, the area served, its
				population and the projected population, and financial requirements of the
				study proposed.
(b) Make a
				determination as to whether the scope of the proposed study and report is
				satisfactory.
(c) Advise the
				applicant of his determinations within a reasonable length of time.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j › Section 811.10 - Selection of the consultant

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The applicant shall select the consultant to be employed providing such
				consultant is acceptable to the commissioner.
(b) Where there is professional licensing
				under New York law, such consultants shall be qualified to practice their
				particular profession within the State of New York.
(c) Such consultants shall demonstrate a
				particular competency to engage in a study and report of the scope
				proposed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j › Section 811.11 - Compensation for consulting services

Current through Register Vol. 46, No. 28, July 10, 2024
The consultant selected by the local agency shall propose a
				  fee for his services in making the comprehensive study and report. The basis
				  for the fee shall be stated. The proposed fee for consulting services shall be
				  based on:
(a) Lump sum, taking into
				account reasonable consulting costs for similar studies and reports
				or
(b) An audited consulting
				payroll cost required to perform the work, plus a reasonable amount to cover
				overhead and profit, and as agreed to between the consultant, the commissioner
				and the local agency.
(c) A
				combination of (a) and (b).
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j › Section 811.12 - Contract for consulting services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Contracts to make a comprehensive study
				and report shall be prepared by the Office for Local Government in consultation
				with the attorneys employed by the local agency and the consultant.
(b) All copies of the contract so prepared
				shall be submitted to the local agency and the consultant for execution. After
				execution by the local agency and the consultant, all copies of the contract
				shall be returned to the commissioner.
(c) After the commissioner's execution
				thereof, copies of the executed contract shall thereafter be forwarded to the
				Attorney-General and to the Comptroller for their approval. Upon receipt of the
				Comptroller's approval and the filing of the contract in his office, the
				commissioner shall furnish copies of the contracts, so approved and so filed,
				to the local agency and to the consultant. No contract shall be effective until
				approved by the Comptroller and none of the parties thereto shall begin work on
				the contract until being notified of the Comptroller's approval and
				filing.
(d) Such contracts shall be
				written in such form and in such detail as is reasonably calculated to clearly
				define the obligations, duties and requirements imposed upon each of the
				contracting parties and shall specify the manner and terms under which vouchers
				shall be prepared and submitted to the commissioner for payment of the
				consulting services rendered. Such contracts may provide for partial
				payments.
(e) The contract shall
				provide that the consultant shall keep the commissioner and the local agency
				periodically informed as to the progress of the study.
(f) The contract may provide that a
				percentage of each partial payment may be withheld by the State pending
				faithful performance of the contract. Final payment, including retained
				percentages, shall not be made to the consultant until the report has been
				submitted to and approved by the commissioner and the local agency.
(g) The commissioner may require that each
				local agency prepare and submit a proposed budget for the project on forms
				furnished by the Office for Local Government.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j › Section 811.13 - Approval of vouchers

Current through Register Vol. 46, No. 28, July 10, 2024
All payments of State aid shall be made after audit and upon
				  warrant of the Comptroller on vouchers approved by the commissioner. All
				  vouchers, whether for partial or final payment, shall contain a confirmation by
				  the area representative that the services and work detailed in the voucher have
				  actually been accomplished. Monies received pursuant to article 5-J of the
				  General Municipal Law shall be expended only for the purposes consistent with
				  the provisions of such article.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j › Section 811.14 - State aid payments

Current through Register Vol. 46, No. 28, July 10, 2024
All payments of State aid shall be made to the applicant upon
				  condition that the applicant make prompt payments to the
				  consultant.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j › Section 811.15 - Submission of final report and administrative review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon completion of the comprehensive
				study and report, the consultant shall submit copies thereof to the local
				agency and to the commissioner for review. Such final report shall be prefaced
				with a brief summary listing the findings, conclusions, and recommendations
				resulting from the comprehensive study.
(b) Following receipt of the local agency's
				written statement that the report is in satisfactory fulfillment of the
				contract, the commissioner shall:
(1) Review
				the report and ascertain that it fulfills all legal and technical
				requirements.
(2) Approve or
				disapprove the report as soon as practicable.
(3) If disapproved, notify the local agency
				in writing of the reasons for such disapproval with suggestions on action
				needed to meet the objections raised.
(4) If approved, notify the local agency in
				writing and certify for final payment of State aid.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 811 - State Aid For Comprehensive Studies And Reports Under General Municipal Law, Article 5-j › Section 811.16 - Miscellaneous

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
				regulations may be modified or amended from time to time, in writing by the
				commissioner.
(b) The commissioner
				may assign to the first deputy commissioner, the deputy commissioner, or other
				staff members whom he shall so designate in writing, the powers, duties and
				responsibilities required of the commissioner under these rules and regulations
				and they shall be responsible to him for the performance thereof.
(c) To promote and achieve the basic intent
				and purposes of municipal cooperation, the restrictions and limitations of
				these rules and regulations may be waived by the commissioner, if, upon proper
				proof, he determines that such restrictions and limitations would result in an
				unusual and unavoidable hardship for the local agency or that strict adherence
				to these rules and regulations would be detrimental to the sound and orderly
				administration of the law.
(d) The
				Office for Local Government, on request, shall be furnished with, and have
				unrestricted authority to publish, disclose, distribute and otherwise use in
				whole or in part, the study and report as well as any other reports, data,
				documents or materials prepared for or connected with the study.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 812 - State Aid For The Development And Revision Of County Charters Under Municipal Home Rule Law, Section 38 › Section 812.1 - Intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These rules and
				regulations are promulgated pursuant to Municipal Home Rule Law, section 38 to
				implement the provisions thereof governing State aid for the development and
				revision of county charters.
(b)
				The program is designed to encourage more effective and efficient governmental
				administration and provision of services by county governments through the
				development and revision of county charters.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 812 - State Aid For The Development And Revision Of County Charters Under Municipal Home Rule Law, Section 38 › Section 812.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) Commissioner shall mean the Commissioner
				of the Office for Local Government.
(b) Project shall mean the preparation of a
				charter law as defined in Municipal Home Rule Law, section 32 (subd.
				2).
(c) Legislative body of a
				county shall mean the elective governing body of a county as defined in
				Municipal Home Rule Law, section 2 (subd. 7).
(d) Authorized charter expenditure shall mean
				only those costs which will be incurred by a county on account of the project
				and for which an appropriation of funds is made, including services rendered by
				county personnel when such services are rendered in connection with the
				project.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 812 - State Aid For The Development And Revision Of County Charters Under Municipal Home Rule Law, Section 38 › Section 812.3 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Any county of the State (except a county wholly included
				  within a city) may apply to the commissioner for State aid to reimburse part of
				  the cost of a project.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 812 - State Aid For The Development And Revision Of County Charters Under Municipal Home Rule Law, Section 38 › Section 812.4 - Eligible activity

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Eligible activity shall mean a project proposed by the legislative body of a
				county as set forth in its application pursuant to section
				812.5. Such proposal shall
				indicate clearly, definitively and in such detail as may be required by the
				commissioner, the scope of the proposed project which shall in the judgment of
				the commissioner have a significant impact on the county government.
(b) A county which has commenced an eligible
				activity on or after January 1, 1971 shall be eligible for reimbursement up to
				a limit of 40 percent of authorized charter expenditures or $25,000, whichever
				is less. Such county shall not be eligible for reimbursement for more than one
				project during a period of ten years computed from the date of any prior
				reimbursement pursuant to this program.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 812 - State Aid For The Development And Revision Of County Charters Under Municipal Home Rule Law, Section 38 › Section 812.5 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications
				for State aid shall be made on forms furnished by the commissioner.
(b) All applications shall be submitted to
				the commissioner through the regional office of the Office for Local Government
				within the area in which the applicant county is located. The area
				representative shall advise and assist counties in the preparation and
				submission of all applications.
(c)
				The application shall describe the manner in which the project will be
				accomplished. Where the project is to be accomplished by a consultant the
				application shall give the name of such consultant and indicate the estimated
				amount of the fee and describe the basis for computing the fee in accordance
				with section
				812.8. If the project is to be
				accomplished without the services of a consultant, the application shall
				indicate the estimated costs in accordance with the following classification:
(1) Personnel (list position and basis of
				compensation)
(2) Travel
(3) Supplies
(4) Other costs:
(i) printing
(ii) telephone
(iii) furnishings
(iv) other (specify)
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 812 - State Aid For The Development And Revision Of County Charters Under Municipal Home Rule Law, Section 38 › Section 812.6 - Review of applications

Current through Register Vol. 46, No. 28, July 10, 2024
After receipt of the application the commissioner shall
				  review the same and shall:
(a) Make a
				determination as to whether the proposal is practical, logical, reasonable and
				satisfactory in scope.
(b) Advise
				the county of his determination.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 812 - State Aid For The Development And Revision Of County Charters Under Municipal Home Rule Law, Section 38 › Section 812.7 - Selection of a consultant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where
				a consultant is to be retained, the county shall select the consultant to be
				employed providing such consultant is acceptable to the commissioner. Such
				consultant shall demonstrate a particular competency to engage in the
				preparation of charter laws.
(b)
				Where there is professional licensing under New York State law, such consultant
				shall be qualified in his particular profession within the State of New
				York.
(c) If the consultant is not
				an attorney qualified to practice law in the State of New York, the proposed
				charter law shall be accompanied by a statement from an attorney qualified to
				practice law in the State of New York to the effect that in his opinion the
				proposed charter law conforms to the laws of the State of New York.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 812 - State Aid For The Development And Revision Of County Charters Under Municipal Home Rule Law, Section 38 › Section 812.8 - Compensation for consulting services

Current through Register Vol. 46, No. 28, July 10, 2024
The consultant selected by the county shall propose a fee for
				  his services in preparing the charter law. The basis for the fee shall be
				  stated. The proposed fee for consulting services shall be based on:
(a) Lump sum, taking into account reasonable
				consulting costs for similar work, or
(b) An audited consulting payroll cost
				required to perform the work, plus a reasonable amount to cover overhead and
				profit, and as agreed to between the consultant, the commissioner and the
				county.
(c) A combination of (a)
				and (b).
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 812 - State Aid For The Development And Revision Of County Charters Under Municipal Home Rule Law, Section 38 › Section 812.9 - Financing projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				commissioner may make or contract to make a State grant to a county within the
				budgetary appropriation therefor for payment to the county to reimburse up to a
				limit of 40 percent of the authorized charter expenditures or $25,000,
				whichever is less.
(b) Such records
				as shall be prescribed by the commissioner shall be maintained by the
				consultant and the county contracting for the project which records shall be
				kept on file for a period of three years after the completion of the
				project.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 812 - State Aid For The Development And Revision Of County Charters Under Municipal Home Rule Law, Section 38 › Section 812.10 - Contracts for consultant services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Contracts for consultant services for
				projects shall be prepared by the county and consultant.
(b) The contract so prepared shall be
				submitted to the commissioner for approval. If the commissioner approves the
				contract, he shall submit it to the county and the consultant for execution. If
				the commissioner does not approve the contract, he shall notify the county and
				the consultant in writing of the reasons for such disapproval with suggestions
				for necessary modification to meet the objections raised.
(c) Such contracts shall be written in such
				form and in such detail so as to clearly define the obligations, duties and
				requirements imposed upon the contracting parties.
(d) The contract may provide for periodic
				meetings between the contracting parties and the Office for Local Government at
				which the progress of the project will be outlined and discussed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 812 - State Aid For The Development And Revision Of County Charters Under Municipal Home Rule Law, Section 38 › Section 812.11 - Submission of final report and review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon completion of the project, the
				county shall submit copies thereof to the commissioner for review. The proposed
				charter law shall be accompanied by a report stating the findings and
				conclusions upon which the proposed charter law is based.
(b) The commissioner shall:
(1) Review the proposed charter law and
				report and determine whether it was accomplished in accordance with the terms
				of the contract and his rules and regulations. If the commissioner determines
				in the affirmative, he shall notify the county in writing.
(2) If the commissioner determines that the
				proposed charter law and report were not accomplished in accordance with the
				terms of the contract and his rules and regulations, he shall notify the county
				in writing of the reasons for such determination with suggestions on action
				needed to meet the objections raised.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 812 - State Aid For The Development And Revision Of County Charters Under Municipal Home Rule Law, Section 38 › Section 812.12 - State aid payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Payment of State aid shall be made to the county after the commissioner has
				made his determination pursuant to section
				812.11(b)(1) and
				after the legislative body of the county has notified the commissioner in
				writing that it has adopted the charter law for submission to the electors as
				may be required by law.
(b) All
				payment shall be made after audit and upon warrant of the Comptroller on
				vouchers approved by the commissioner.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 812 - State Aid For The Development And Revision Of County Charters Under Municipal Home Rule Law, Section 38 › Section 812.13 - Miscellaneous

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
				regulations may be modified or amended from time to time, in writing by the
				commissioner.
(b) The commissioner
				may assign to a deputy commissioner or other staff members whom he shall so
				designate in writing, the powers, duties and responsibilities required of the
				commissioner under these rules and regulations and they shall be responsible to
				him for the performance thereof.
(c) To promote and achieve the basic intent
				and purposes of charter development and revision, the restrictions and
				limitations of these rules and regulations may be waived by the commissioner,
				if, upon proper proof, he determines that such restrictions and limitations
				would result in an unusual or unavoidable hardship for the county or that
				strict adherence to these rules and regulations would be detrimental to the
				sound and orderly administration of the law.
(d) The Office for Local Government on
				request shall be furnished with data, documents or materials prepared for or
				connected with the project and shall have unrestricted authority to publish,
				distribute and otherwise use in whole or in part, the charter law and
				report.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 813 - State Aid For The Development And Revision Of City Charters Under Municipal Home Rule Law, Section 38 › Section 813.1 - Intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These rules and
				regulations are promulgated pursuant to Municipal Home Rule Law, section 38 to
				implement the provisions thereof governing State aid for the development and
				revision of city charters.
(b) The
				program is designed to encourage more effective and efficient governmental
				administration and provision of services by city governments through the
				development and revision of city charters.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 813 - State Aid For The Development And Revision Of City Charters Under Municipal Home Rule Law, Section 38 › Section 813.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) Commissioner shall mean the Commissioner
				of the Office for Local Government.
(b) Project shall mean the preparation of a
				local law providing a new or revised city charter by the legislative body of a
				city pursuant to Municipal Home Rule Law, section 10 (subd. 1, par. c, subpar.
				[1]).
(c) Legislative body of a
				city shall mean the elective governing body of a city as defined in Municipal
				Home Rule Law, section 2 (subd. 7).
(d) Authorized charter expenditure shall mean
				only those costs which will be incurred by a city on account of the project and
				for which an appropriation of funds is made, including services rendered by
				city personnel when such services are rendered in connection with the
				project.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 813 - State Aid For The Development And Revision Of City Charters Under Municipal Home Rule Law, Section 38 › Section 813.3 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Any city of the State may apply to the commissioner for State
				  aid to reimburse part of the cost of a project.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 813 - State Aid For The Development And Revision Of City Charters Under Municipal Home Rule Law, Section 38 › Section 813.4 - Eligible activity

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Eligible activity shall mean a project proposed by the legislative body of a
				city as set forth in its application pursuant to section
				813.5. Such proposal shall
				indicate clearly, definitively and in such detail as may be required by the
				commissioner, the scope of the proposed project which shall in the judgment of
				the commissioner have a significant impact on the city government.
(b) A city which has commenced an eligible
				activity on or after January 1, 1971 shall be eligible for reimbursement up to
				a limit of 40 percent of authorized charter expenditures or $25,000, whichever
				is less. Such city shall not be eligible for reimbursement for more than one
				project during a period of 10 years computed from the date of any prior
				reimbursement pursuant to this program.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 813 - State Aid For The Development And Revision Of City Charters Under Municipal Home Rule Law, Section 38 › Section 813.5 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications
				for State aid shall be made on forms furnished by the commissioner.
(b) All applications shall be submitted to
				the commissioner through the regional office of the Office for Local Government
				within the area in which the applicant is located. The area representative
				shall advise and assist cities in the preparation and submission of all
				applications.
(c) The application
				shall describe the manner in which the project will be accomplished. Where the
				project is to be accomplished by a consultant the application shall give the
				name of such consultant and indicate the estimated amount of the fee and
				describe the basis for computing the fee in accordance with section
				813.8. If the project is to be
				accomplished without the services of a consultant, the application shall
				indicate the estimated costs in accordance with the following classification:
(1) Personnel (list position and basis of
				compensation)
(2) Travel
(3) Supplies
(4) Other costs:
(i) printing
(ii) telephone
(iii) furnishings
(iv) other (specify)
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 813 - State Aid For The Development And Revision Of City Charters Under Municipal Home Rule Law, Section 38 › Section 813.6 - Review of applications

Current through Register Vol. 46, No. 28, July 10, 2024
After receipt of the application the commissioner shall
				  review the same and shall:
(a) Make a
				determination as to whether the proposal is practical, logical, reasonable and
				satisfactory in scope.
(b) Advise
				the city of his determination.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 813 - State Aid For The Development And Revision Of City Charters Under Municipal Home Rule Law, Section 38 › Section 813.7 - Selection of a consultant

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where
				a consultant is to be retained, the city shall select the consultant to be
				employed providing such consultant is acceptable to the commissioner. Such
				consultant shall demonstrate a particular competency to engage in the
				preparation of local laws.
(b)
				Where there is professional licensing under New York State law, such consultant
				shall be qualified in his particular profession within the State of New
				York.
(c) If the consultant is not
				an attorney qualified to practice law in the State of New York, the proposed
				local law shall be accompanied by a statement from an attorney qualified to
				practice law in the State of New York to the effect that in his opinion the
				proposed local law conforms to the laws of the State of New York.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 813 - State Aid For The Development And Revision Of City Charters Under Municipal Home Rule Law, Section 38 › Section 813.8 - Compensation for consulting services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The consultant selected by the city shall
				propose a fee for his services in preparing the local law. The basis for the
				fee shall be stated. The proposed fee for consulting services shall be based
				on:
(1) Lump sum, taking into account
				reasonable consulting costs for similar work, or
(2) An audited consulting payroll cost
				required to perform the work, plus a reasonable amount to cover overhead and
				profit, and as agreed to between the consultant, the commissioner and the
				city.
(3) A combination of (1) and
				(2).
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 813 - State Aid For The Development And Revision Of City Charters Under Municipal Home Rule Law, Section 38 › Section 813.9 - Financing projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				commissioner may contract to make a State grant to a city within the budgetary
				appropriation therefor for payment to the city to reimburse up to a limit of 40
				percent of the authorized charter expenditures or $25,000, whichever is
				less.
(b) Such records as shall be
				prescribed by the commissioner shall be maintained by the consultant and the
				city contracting for the project which records shall be kept on file for a
				period of three years after the completion of the project.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 813 - State Aid For The Development And Revision Of City Charters Under Municipal Home Rule Law, Section 38 › Section 813.10 - Contracts for consultant services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Contracts for consultant services for
				projects shall be prepared by the city and consultant.
(b) The contract so prepared shall be
				submitted to the commissioner for approval. If the commissioner approves the
				contract, he shall submit it to the city and the consultant for execution. If
				the commissioner does not approve the contract, he shall notify the city and
				the consultant in writing of the reasons for such disapproval with suggestions
				for necessary modification to meet the objections raised.
(c) Such contracts shall be written in such
				form and in such detail so as to clearly define the obligations, duties and
				requirements imposed upon the contracting parties.
(d) The contract may provide for periodic
				meetings between the contracting parties and the Office for Local Government at
				which the progress of the project will be outlined and discussed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 813 - State Aid For The Development And Revision Of City Charters Under Municipal Home Rule Law, Section 38 › Section 813.11 - Submission of final report and review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon completion of the project, the city
				shall submit copies thereof to the commissioner for review. The proposed local
				law shall be accompanied by a report stating the findings and conclusions upon
				which the proposed local law is based.
(b) The commissioner shall:
(1) Review the proposed local law and report
				and determine whether it was accomplished in accordance with the terms of the
				contract and his rules and regulations. If the commissioner determines in the
				affirmative, he shall notify the city in writing.
(2) If the commissioner determines that the
				proposed local law and report were not accomplished in accordance with the
				terms of the contract and his rules and regulations, he shall notify the city
				in writing of the reasons for such determination with suggestions on action
				needed to meet the objections raised.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 813 - State Aid For The Development And Revision Of City Charters Under Municipal Home Rule Law, Section 38 › Section 813.12 - State aid payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Payment of State aid shall be made to the city after the commissioner has made
				his determination pursuant to section
				212.11(b)(1) and
				after the legislative body of the city has notified the commissioner in writing
				that it has adopted the local law for submission to the electors as may be
				required by law.
(b) All payments
				shall be made after audit and upon warrant of the Comptroller on vouchers
				approved by the commissioner.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 813 - State Aid For The Development And Revision Of City Charters Under Municipal Home Rule Law, Section 38 › Section 813.13 - Miscellaneous

Current through Register Vol. 46, No. 28, July 10, 2024
(a) These
				regulations may be modified or amended from time to time, in writing by the
				commissioner.
(b) The commissioner
				may assign to a deputy commissioner or other staff members whom he shall so
				designate in writing, the powers, duties and responsibilities required of the
				commissioner under these rules and regulations and they shall be responsible to
				him for the performance thereof.
(c) To promote and achieve the basic intent
				and purposes of charter development and revision, the restrictions and
				limitations of these rules and regulations may be waived by the commissioner,
				if, upon proper proof, he determines that such restrictions and limitations
				would result in an unusual or unavoidable hardship for the city or that strict
				adherence to the sound and orderly administration of the law.
(d) The Office for Local Government on
				request shall be furnished with data, documents or materials prepared for or
				connected with the project and shall have unrestricted authority to publish,
				distribute and otherwise use in whole or in part, the charter law and
				report.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 814 - Shared Municipal Services Incentive Awards › Section 814.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this regulation is to implement the
				  requirements of State Finance Law, section 54(10)(h) which established a
				  competitive grant program for two or more municipalities to cover costs
				  associated with mergers, consolidations, cooperative agreements, dissolutions
				  and shared services. It directed the Secretary of State to adopt rules and
				  regulations to implement the program.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 814 - Shared Municipal Services Incentive Awards › Section 814.3 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications
				for assistance under this Part may be made only by two or more municipalities
				which jointly submit requests on forms established by the secretary.
(b) Grants may be used to cover legal and
				consultant services, feasibility studies, capital improvements and other
				necessary expenses related to costs associated with mergers, consolidations,
				cooperative agreements, dissolutions and shared services by
				municipalities.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 814 - Shared Municipal Services Incentive Awards › Section 814.4 - Grant awards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subject to
				annual appropriations by the Legislature, grants will be made to successful
				applicants pursuant to the review and approval criteria set forth herein, in an
				amount not to exceed $100,000 per municipality, provided, however, for the
				purpose of grant applications submitted after April 1, 2007 pursuant to State
				Finance Law section 54(H) as amended by chapter 56 of the Laws of 2007, the
				maximum grant award shall not exceed $200,000 per municipality.
(b) Applicants will be required to provide
				matching funds, equal to ten percent of the total approved cost.
(c) State assistance shall be available on a
				reimbursement basis. Grantees shall submit periodic invoices and requests for
				payment as work is performed and costs incurred.
(d) For the purpose of applications submitted
				prior to April 1, 2007, grantees may request an advance payment in an amount
				not to exceed 25 percent of the total amount of State assistance for the
				project.
(e) No part of a grant
				shall be used by the grantee for recurring expenses such as salaries, utilities
				and fuel.
(f) Prior to the final
				reimbursement payment, grant recipients shall submit to the secretary copies of
				studies, agreements and other products resulting from the grant
				award.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 814 - Shared Municipal Services Incentive Awards › Section 814.5 - Review and approval criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All applications will be rated in
				accordance with the rating system established by the secretary. Criteria used
				to rate applications will generally include the following:
(1) Demonstrated need for the
				project.
(2) The likelihood of
				timely completion of the project.
(3) The potential for municipal cost savings,
				productivity enhancement or streamlined administration.
(4) The number of municipalities involved or
				the size of the service area.
(5)
				The likelihood of instituting permanent changes to municipal structure or
				service delivery resulting in cost savings, enhanced productivity or
				streamlined administration over the long term.
(6) The ability of the project to serve as a
				demonstration program for other municipalities to reduce costs, enhance
				productivity or streamline administration.
(7) Whether the project would advance other
				State or municipal programs for municipal efficiency and cost
				savings.
(8) The geographic
				distribution of other fundable projects in any given application
				cycle.