NYCL AGO 95-11.
Case Date | February 06, 1995 |
Court | New York |
New York Attorney General Opinions
1995.
AGO 95-11.
February 6,
1995Informal Opinion
No. 95-11Michael A.
West, Esq. County Attorney County of
Schoharie R. D. # 1 106M Cobleskill, NY 12043NY CONSTITUTION, ART IX § 2(h); NY
CONSTITUTION, ART III § 26 (1935); ALTERNATIVE COUNTY GOVERNMENT LAW § 656(2);
MUNICIPAL HOME RULE LAW §§ 10, 10(1) (ii) (a) (1), 10(1) (ii) (b) (3) AND (4),
23(2) (f), 33 (1) AND (2); L 1952, CH 834; L 1937, CH 862.A county board of supervisors in a
non-charter county may by local law establish the position of county
administrator. Further, if the local law does not transfer, curtail or abolish
the powers of an elective officer, it would not be subject to a mandatory
referendum. In that the Municipal Home Rule Law, rather than the Alternative
County Government Law, is the source of authority for the enactment, the latter
would not require a referendum.Dear Mr. West:
You have asked whether the board of supervisors of a non-charter
county may by local law, without a referendum, establish the position of county
administrator. You have indicated that the local law would delegate rather than
transfer powers of the county board of supervisors to the administrator.
You are concerned that the establishment of a county
administrator falls within the provisions of the Alternative County Government
Law and would, therefore, be subject to a referendum under section 656(2) of
that law.
The so-called Fearon Amendment to the State Constitution, adopted
in 1935, was the first step toward the granting of home rule powers to county
governments. NY Const Art III, § 26 (1935) (repealed in 1963). The State
Legislature carried out this constitutional amendment by enacting Chapter 862
of the Laws of 1937, the Optional County Government Law. That law authorized
counties to adopt one of four specified forms of government. The options
provided various forms for county administration. The Optional County
Government Law was, for the most part, repealed and superseded by the
Alternative County Government Law, which became effective in 1954. Laws of
1952, ch 834. The Alternative County Government Law provided four alternative
plans of county government. Like the Optional County Government Law, counties
could make only limited variations, depending upon the plan which was adopted.
The major difference between the Optional County...
To continue reading
Request your trial