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The New N.Y. Government Reorganization And Citizen Empowerment Act

 

Previous Law

The AG’s Reforms

1

Contained numerous inconsistent and confusing procedures for consolidation or dissolution that vary depending on the type of local government entity involved.

The Act establishes uniform, simplified and streamlined consolidation and dissolution procedures. 

2

Disempowered governing bodies by arbitrarily barring them from initiating consolidation or dissolution processes regarding certain kinds of local government entities.

The Act empowers governing bodies to initiate consolidation and dissolution processes for all covered local government entities.

3

Disempowered citizens by arbitrarily barring them from initiating consolidation or dissolution process with respect to certain kinds of local government entities.

With respect to all covered local government entities, the Act empowers citizens to place consolidation or dissolution on a popular ballot by collecting petition signatures from voters.

4

To the extent it contemplated the possibility of citizens petitioning to initiate consolidation or dissolution, it established a confusing and hyper-technical process that has lead to litigation and/or disqualification both of signatures and of whole petitions.

The Act clarifies and defines the petition process and petition form for citizens to initiate consolidation or dissolution

5

Established different signature requirements depending on the kind of local government entity involved.

The Act establishes a uniform signature requirement of 10% or 5,000, whichever is less, to initiate the consolidation and dissolution process.  For small entities with 500 or fewer electors the petition shall contain the signatures of at least 20% of the electors. 

6

Required that citizens own property to sign petitions or vote in certain consolidation and dissolution proceedings.

The Act strikes from the law all pecuniary or propertied qualifications for signing petitions and voting on propositions to consolidate or dissolve a local government entity. 

7

Disempowered counties from exercising their constitutional authority to abolish local government entities.

The Act authorizes counties to abolish entire units of local government, subject to certain conditions including a county-wide referendum with special majority requirements.