2006 New York Code - Bill of rights for local governments.

 
                                 ARTICLE IX
 
                              Local Governments
 
    Bill of rights for local governments.
    Section  1.  Effective  local  self-government  and  intergovernmental
  cooperation are purposes of the people  of  the  state.  In  furtherance
  thereof,  local  governments  shall  have  the following rights, powers,
  privileges  and  immunities  in  addition  to  those  granted  by  other
  provisions of this constitution:
    (a)  Every  local government, except a county wholly included within a
  city, shall have a legislative body  elective  by  the  people  thereof.
  Every  local government shall have power to adopt local laws as provided
  by this article.
    (b)  All  officers  of  every  local  government  whose  election   or
  appointment is not provided for by this constitution shall be elected by
  the  people  of  the  local  government, or of some division thereof, or
  appointed by such officers of the local government as may be provided by
  law.
    (c) Local governments shall have power to agree, as authorized by  act
  of  the legislature, with the federal government, a state or one or more
  other governments within or without the state, to provide cooperatively,
  jointly or by contract any facility, service,  activity  or  undertaking
  which  each  participating  local  government  has  the power to provide
  separately. Each such local government shall have power to apportion its
  share of the cost thereof upon such  portion  of  its  area  as  may  be
  authorized by act of the legislature.
    (d)  No local government or any part of the territory thereof shall be
  annexed to another until the people, if any, of the  territory  proposed
  to  be  annexed  shall  have  consented  thereto  by  majority vote on a
  referendum and until the governing board of each local  government,  the
  area  of  which is affected, shall have consented thereto upon the basis
  of a determination  that  the  annexation  is  in  the  over-all  public
  interest.  The  consent  of  the  governing  board  of a county shall be
  required only where a boundary of the county is affected. On  or  before
  July  first, nineteen hundred sixty-four, the legislature shall provide,
  where such consent of a governing board is not granted, for adjudication
  and determination, on the law and the facts, in a  proceeding  initiated
  in  the  supreme court, of the issue of whether the annexation is in the
  over-all public interest.
    (e) Local governments shall have  power  to  take  by  eminent  domain
  private  property  within  their boundaries for public use together with
  excess land or property but no more than is sufficient  to  provide  for
  appropriate  disposition  or use of land or property which abuts on that
  necessary for such public use, and to sell or lease that not devoted  to
  such use. The legislature may authorize and regulate the exercise of the
  power  of  eminent  domain and excess condemnation by a local government
  outside its boundaries.
    (f) No local government shall be prohibited  by  the  legislature  (1)
  from  making  a fair return on the value of the property used and useful
  in its operation of a gas, electric or  water  public  utility  service,
  over  and  above  costs  of  operation and maintenance and necessary and
  proper reserves, in addition to an amount equivalent to taxes which such
  service, if privately owned, would pay to such local government, or  (2)
  from  using  such profits for payment of refunds to consumers or for any
  other lawful purpose.


    (g) A local government shall have power to apportion  its  cost  of  a
  governmental  service  or  function  upon  any  portion  of its area, as
  authorized by act of the legislature.
    (h)  (1)  Counties,  other  than  those wholly included within a city,
  shall be empowered by general law, or by special law enacted upon county
  request pursuant to section two of this  article,  to  adopt,  amend  or
  repeal   alternative   forms   of  county  government  provided  by  the
  legislature or to prepare, adopt, amend or repeal alternative  forms  of
  their  own. Any such form of government or any amendment thereof, by act
  of the legislature or by local law, may transfer 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 may abolish one
  or more offices, departments, agencies or units of government  provided,
  however, that no such form or amendment, except as provided in paragraph
  (2)  of  this  subdivision,  shall become effective unless approved on a
  referendum by a majority of the votes cast thereon in the  area  of  the
  county  outside  of  cities,  and  in  the cities of the county, if any,
  considered as one unit. Where an alternative form of  county  government
  or  any  amendment  thereof,  by act of the legislature or by local law,
  provides for the transfer of any function or duty to or from any village
  or the abolition of any office, department, agency or unit of government
  of a village wholly contained in such county,  such  form  or  amendment
  shall  not  become  effective  unless  it  shall also be approved on the
  referendum by a majority of the votes cast thereon in all  the  villages
  so affected considered as one unit.
    (2)  After the adoption of an alternative form of county government by
  a county, any amendment thereof by act of the legislature  or  by  local
  law  which  abolishes  or creates an elective county office, changes the
  voting or veto power of or the method of  removing  an  elective  county
  officer  during  his  or  her  term  of  office,  abolishes, curtails or
  transfers to another county officer or agency any power of  an  elective
  county  officer  or  changes  the  form  or  composition  of  the county
  legislative body shall be subject to a permissive referendum as provided
  by the legislature.