For Citizens
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Under a new state law developed by Attorney General Andrew Cuomo, citizens who wish to reorganize and modernize their government through dissolving or consolidating local governments now have a uniform way to do so. Below you will find simple instructions on what you need to do and how the process works.
I. Voter Initiated
In order for a citizen, or ‘Elector Initiated’ consolidation to occur it must be first approved by referendum. In order to get on the ballot you must begin with a petition. The new law requires signatures of 10% or 5,000 registered voters within the effected municipality, whichever is less, to initiate the process (for municipalities with a population less than 500, the law requires signature of 20% of the registered voters).
Once you have secured the necessary signatures they must be properly filed and examined by the town or village clerk. Once your petition is approved by the appropriate clerk, a notice will be issued and a referendum will be held. The referendum must be held between 60-90 days after the clerk makes his or her determination.
Most importantly, the referendum is only approving the idea of dissolution or consolidation, and an actual plan will have to be formulated by the local government body itself, with input from the public. If the voters disapprove of your proposal, there is a mandatory four-year moratorium before you can try again. If it is approved, you are ready for the next step.
- Download a flowchart of a citizen or ‘elector initiated’ consolidation or dissolution
II. Voter Approved Referendum
The voters have passed your plan and agree that a layer of local government needs to be dissolved or consolidated, but the process is not done yet. The applicable municipalities you are trying to dissolve or consolidate must now formulate a plan within 210 days after the referendum. Before the Plan can be finalized, the effected municipalities must hold public hearings and upon the approval of the final version of the plan by your governing bodies, the consolidation or dissolution becomes effective.
- What if I find the consolidation or dissolution plan adopted by the local governing body unacceptable?
If you find the plan adopted by the local governing body unacceptable you have recourse. Through another petition process and referendum the voters can reject the plan. To bring the plan to a referendum you need to collect the signatures of 25% or 15,000 (whichever is less) of registered voters in the effected municipalities. If the referendum fails, the consolidation or dissolution goes into effect. If the voters agree that the plan is unacceptable, you must then begin the process over from the start – including a new petition and referendum.
- What if the local governing bodies fail to finalize a plan as required by law?
If the local governing bodies fail to finalize a plan as required by law, the process will move into the legal system. A court-appointed mediator or hearing officer will work to finalize a plan, which will then automatically become effective.