(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.
Structure New York Laws