New York Local Laws; Referendum.
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§ 38. Local laws; referendum. A local law shall be submitted for the
approval of the electors at the next general election held not less than
sixty days after the adoption thereof, and shall become operative as
prescribed therein only when approved at such election by the
affirmative vote of a majority of the qualified electors of the city
voting upon the proposition, if it:
1. Abolishes or changes the form or composition of the council or
increases or decreases the number of votes any member is entitled to
cast or reduces the number of districts from which council members shall
be elected.
2. Changes the veto power of the mayor.
3. Changes the law of succession to the mayoralty.
4. Abolishes an elective office, or changes the method of nominating,
electing or removing an elective officer, or changes the term of an
elective officer, or reduces the salary of an elective officer during
his or her term of office.
5. Abolishes, transfers or curtails any power of an elective officer.
6. Creates a new elective office.
7. Changes a provision of law relating to public utility franchises.
8. Changes a provision of law relating to the membership or terms of
office of the city civil service commission.
9. Reduces the salary or compensation of a city officer or employee or
increases the hours of employment or changes the working conditions of
such officer or employee if such salary, compensation, hours or
conditions have been fixed by a state statute and approved by the vote
of the qualified electors of the city; and no provision effecting such
reductions, increases or changes contained in any local law or proposed
new charter shall become effective unless the definite question with
respect to such reductions, increases or changes shall be separately
submitted and approved by the affirmative vote of a majority of the
qualified electors voting thereon.
10. Provides a new charter for the city.
11. Transfers powers vested by this charter in an agency the head of
which is appointed by the mayor to an agency the head of which is not so
appointed or vice versa, other than transfers of power authorized by
this charter from an agency the head of which is appointed by the mayor
to a community board, borough president or a borough board.
12. Dispenses with a provision of this charter requiring a public
notice and hearing as a condition precedent to official action.
13. Dispenses with a requirement of this charter for public bidding or
for public letting of contracts except as otherwise provided pursuant to
chapter thirteen of this charter.
14. Changes a provision of this charter governing the classes or
character of city bonds or other obligations, the purposes for which or
the amount in which any class of obligations may be issued.
15. Removes restrictions in this charter on the sale, lease or other
disposition of city property.
16. Curtails the powers of the city planning commission, or changes
the vote in the council required to take action without or contrary to
the recommendation of the city planning commission.
17. Repeals or amends this section or any of the following sections of
this charter; sections forty, one hundred ninety-one, one hundred
ninety-two, one hundred ninety-three, one hundred ninety-nine, two
hundred, two hundred seventeen, eleven hundred ten, eleven hundred
eleven, eleven hundred fifteen, eleven hundred sixteen, eleven hundred
seventeen, eleven hundred eighteen, and eleven hundred twenty-three.
18. Repeals or amends sections twenty-six hundred one, twenty-six
hundred four, twenty-six hundred five, and twenty-six hundred six
insofar as they relate to elected officials and section twenty-six
hundred two.