NYCL AGO 95-8.

Case DateFebruary 03, 1995
CourtNew York
New York Attorney General Opinions 1995. AGO 95-8. February 3, 1995Informal Opinion No. 95-8Dennis K. McDermott, Esq. City Attorney City of Sherrill Chase Manhattan Bank Building 112 Farrier Avenue Oneida, NY 13421MUNICIPAL HOME RULE LAW § 23.A proposed amendment to the city charter that transfers powers of a member of the city commission to be chairperson and mayor is subject to a mandatory referendum.Dear Mr. McDermott: You have asked whether Municipal Home Rule Law § 23(2)(d) requires a mandatory referendum to approve an amendment to the city charter concerning the law of succession to the office of mayor where, under the city charter, the mayor is not elected by the voters. You have indicated that the City of Sherrill is governed by a five-member city commission. Under the city charter, following the election the five commissioners are to select from among themselves a chairperson of the commission who is also the mayor of the city. The city charter also provides that if no member of the commission receives a majority vote to be chairperson and mayor, the commission member receiving the greatest number of votes at the last election of commissioners becomes the chairperson and mayor of the city. In 1971, the charter was amended to give commissioners staggered terms. As a result, in the event the commissioners were unable to choose (by majority vote) a chairperson and mayor, only those commissioners who were elected at the prior election would be eligible to serve as chairperson and mayor by receiving the highest vote total. An amendment is now proposed that would create the office of vice-chair (and deputy mayor) to be filled by the commissioner having the greatest seniority. The vice-chair would serve as chairperson and mayor in the event the commissioners are unable, by a majority vote, to choose a chairperson and mayor. You have asked whether this local law amending the charter is subject to a mandatory referendum under section 23(2)(d) in that it would change the law of succession to the office of mayor. In your view, section 23(2)(d) does not require a mandatory referendum in this case because the office of mayor in the City of Sherrill is not an elective office. Without determining whether a mandatory referendum is required under section 23(2)(d), we believe that the local law...

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