Section 38. Local laws; referendum  


Latest version.
  • 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.