Section 36. Provisions for adoption of new or revised city charter proposed by a charter commission

1. A local law providing a new or revised  city
  charter  also  may  be adopted in any city pursuant to the provisions of
  this section.
    2. The legislative body may adopt a local law providing  for  (a)  the
  establishment of a commission to draft a new or revised city charter, or
  (b)  the submission to the electors of such city at a general or special
  election of the question: "Shall there be a commission to draft a new or
  revised city charter as proposed by local law number . . . . .  .    for
  the  year . . . . . ?" Such question may also specify the composition of
  such commission as provided in such local law. Such  election  shall  be
  held not less than sixty days after the adoption of such local law. Such
  local  law  shall fix or provide the method of determining the number of
  members of such commission and determine whether the  members  shall  be
  elected  or  appointed, or partly elected and partly appointed. It shall
  also prescribe the manner of  appointment  of  appointive  members,  the
  manner  of  election  of  elective  members and whether elective members
  shall be elected by the city at large or by districts described in  such
  local  law.  In  a  case  where a question is so submitted, the elective
  members of the commission, if any, shall be elected at the  election  at
  which  the  question  is  submitted.  If the question be answered in the
  affirmative by a majority vote of the qualified electors  of  such  city
  voting  thereon,  the  members  of  the charter commission, appointed or
  elected thereto, shall be a charter commission of such city, except that
  if at the same election  more  than  one  proposal  for  establishing  a
  charter  commission  receives  such approval only the proposal receiving
  the largest number of affirmative votes shall be deemed adopted.
    3. A local law for the creation of a commission  to  draft  a  new  or
  revised  city  charter  also  may  be  adopted  in the following manner:
  Qualified electors of a city, registered to vote  therein  at  the  last
  preceding  general  election,  in  number  equal to at least fifteen per
  centum of the total number of  votes  cast  for  governor  at  the  last
  gubernatorial  election  in such city, or forty-five thousand, whichever
  is less, may file in the office of the city clerk  a  petition  for  the
  submission  to the electors of such city of a proposed local law for the
  creation of a commission to draft a new or revised city charter for such
  city and if such petition is found to meet all the requirements of  law,
  the  legislative  body  of  the  city shall submit such local law to the
  electors of such city at the next general election therein held not less
  than sixty days after the filing of such petition. Such  proposed  local
  law shall fix or provide the method of determining the number of members
  of  such  commission  and shall provide for its composition. It may name
  all or any  of  such  members  and  may  provide  for  the  election  or
  appointment  of  all  or  any  of them. It shall prescribe the manner of
  appointment of appointive members and the time and manner of election of
  elective members. It shall also determine whether elective members shall
  be elected from the city at large or  by  districts  described  in  such
  local  law.  Such  petition  shall  conform to the provisions of section
  twenty-four in relation to petitions. It shall be examined and  reported
  on  by  the  city  clerk  as  prescribed in such section, and objections
  thereto shall be disposed of by the supreme court as prescribed by  such
  section.  The  city  clerk shall transmit such proposed local law in the
  form in which it is to be submitted, which shall  include  the  proposed
  composition  of  such  commission, to the election officers charged with
  the duty of publishing the notice of such election. If two or more  such
  petitions  are  filed providing for the submission of different proposed
  local laws, the city clerk shall designate each such proposed local  law
  numerically  in the order of the time of the filing of the petitions. If

  such a proposed local law receives the affirmative vote of a majority of
  the qualified electors of such city voting thereon, the members  of  the
  charter  commission  named in such local law, or elected or appointed as
  prescribed therein, shall be the charter commission of such city, except
  that  if at the same election more than one local law for establishing a
  charter commission receives the affirmative vote of a  majority  of  the
  qualified  electors  of such city voting thereon, only the one receiving
  the largest number of affirmative votes shall be deemed adopted and  the
  members  of the charter commission named in such local law or elected or
  appointed as prescribed therein, shall be the charter commission of such
  city.
    4. A charter commission to draft a new or  revised  city  charter  may
  also  be created by the mayor of any city. Such commission shall consist
  of not less than nine nor more than fifteen members, all of  whom  shall
  be  residents  of  the  city. Original appointments to such a commission
  shall be made by the mayor by a certificate of appointment  which  shall
  specify  the  number  of,  and  names  of, the members to constitute the
  commission, which certificate shall be filed  forthwith  with  the  city
  clerk.  The  chairman, vice-chairman and secretary shall be appointed by
  the mayor from among the members of the commission. Any vacancy  in  the
  membership  of  such  a commission or of its officers shall be filled by
  the mayor.
    5. (a) The charter commission of  a  city  created  pursuant  to  this
  section shall review the entire charter of such city and prepare a draft
  of  a  proposed  new  or revised charter of such city. If the commission
  shall decide to leave a part of the existing charter unchanged,  it  may
  propose  in one or more amendments a revision of the remaining parts. In
  such case it shall  make  a  report  to  the  public,  accompanying  its
  proposals,  in  which it shall refer specifically to such unchanged part
  and explain its decision to leave  such  part  unchanged.  The  proposed
  charter  or  such  amendments may contain such provisions or effect such
  results as may be made or effected by local law under the provisions  of
  this  chapter,  and,  subject  to  the  provisions  of  paragraph (c) of
  subdivision four of  section  ten  of  this  chapter,  may  contain  any
  provisions of the existing charter of such city deemed necessary to make
  a  complete  charter  of  such  city  or  appropriate  amendments to the
  existing charter, with such changes in the headings and in the numbering
  of the titles, articles, chapters,  sections  and  subdivisions  wherein
  such  provisions  are  found  in  the  existing charter as may be deemed
  appropriate to correlate and coordinate them with the  other  provisions
  in the proposed new or revised charter and with such changes in the text
  of  such provisions as may be deemed desirable to clarify the meaning of
  such provisions, and to vest in any of the officers of the city provided
  for in the proposed new  or  revised  charter  any  power  or  authority
  contained in such provisions.
    (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.