Section 23. Local laws subject to mandatory referendum  


Latest version.
  • 1. A local law
      subject to mandatory referendum as provided in this section  or  in  any
      other state statute, shall be submitted for the approval of the electors
      at  a  general  election  of  state or local government officers in such
      local government held not  less  than  sixty  days  after  the  adoption
      thereof  unless  such local law provides for its submission for approval
      of the electors at a special election  or  unless,  within  thirty  days
      after  the  adoption of such local law, a petition signed, authenticated
      and subject  to  certification  by  the  clerk  as  provided  for  other
      petitions  in  section  twenty-four  of  this chapter is filed with such
      clerk requesting its submission at a special election. If the local  law
      so provides or if a valid petition is so filed requesting the submission
      of  the local law at a special election, it shall be submitted at such a
      special election held in such local government not less than sixty  days
      after the adoption of the local law, the date for which special election
      shall  be  fixed  by the legislative body. In either case such local law
      shall become operative as prescribed therein only if  approved  at  such
      election by the affirmative vote of a majority of the qualified electors
      of such local government voting upon the proposition.
        2.  Except  as  otherwise  provided  by  or under authority of a state
      statute, a local law shall be subject to mandatory referendum if it:
        a. In the case of a city, provides a new charter for such city.
        b. In the case of a city, town or village, changes the  membership  or
      composition of the legislative body or increases or decreases the number
      of votes which any member is entitled to cast.
        c. Changes the veto power of the elective chief executive officer.
        d.  Changes the law of succession to the office of the chief executive
      officer of a county elected on a county-wide basis or if there  be  none
      the chairman of the board of supervisors, the mayor of a city or village
      or the supervisor of a town.
        e.  Abolishes an elective office, or changes the method of nominating,
      electing or removing an elective officer, or  changes  the  term  of  an
      elective office, or reduces the salary of an elective officer during his
      term of office.
        f. Abolishes, transfers or curtails any power of an elective officer.
        g. Creates a new elective office.
        h.  In  the  case of a city, changes the boundaries of wards, or other
      districts, from which members of the county board of supervisors, chosen
      as such in such city to represent the city, are elected.
        i. Changes a provision of law relating to public utility franchises.
        j. In the case of a city, reduces the salary or compensation of a city
      officer or employee, increases his hours of employment  or  changes  his
      working  conditions  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. 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 submitted separately from any
      provisions not relating to such reductions,  increases  or  changes  and
      approved by the affirmative vote of a majority of the qualified electors
      voting thereon.
        k.  In  the case of a city, changes a provision of law relating to the
      membership or terms of office of the civil  service  commission  of  the
      city.