Section 26. Boards of supervisors
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Boards of supervisors
1. There shall be in each county, except in a county wholly included in a city, a board of supervisors, or other elective body, to be composed of such members and elected in such manner and for such period as is or may be provided by the law.
2. The legislature shall provide by law for the organization and government of counties and shall provide by law alternative forms of government for counties except counties wholly included in a city and for the submission of one or more such forms of government to the electors residing in such counties. No such form of government shall become operative in any such county unless and until adopted at a general election held in such county by receiving a majority of the total votes cast thereon in (1) the county, (2) every city containing more than twenty-five per centum of the population of the county according to the last preceding federal census, and (3) that part of the county, if any, outside of such cities. Any such form of government shall set forth the structure of the county government and the manner in which it is to function. Any such form of government may provide for the appointment of any county officers or their selection by any method of nomination and election, or the abolition of their offices, and may also provide for the exercise by the board of supervisors or other elective body of powers of local legislation and administration and the transfer of any or all of the functions and duties of the county and the cities, towns, villages, districts and other units of government contained in such county to each other or to the state, and for the abolition of offices, departments, agencies or units of government when all of their functions are so transferred without regard to the provisions of article ten or any other provisions of this constitution inconsistent herewith. The boards of supervisors or other elective bodies of any two or more such counties may by agreement provide for the discharge within the territorial limits of such counties or parts thereof of one or more governmental functions.
3. Nothing herein contained shall be deemed to impair or restrict the existing power of the legislature to enact laws relating to the government of a county or the cities, towns, villages, districts or other units of government therein contained until the adoption of a form of government by such county pursuant to subdivision two of this section.
4. After the adoption of a form of government by a county pursuant to subdivision two of this section, the legislature shall not pass any law relating to the property, affairs or government of such county, which shall be special or local either in its terms or in its effect, but shall act in relation to the property, affairs or government of any such county only by general laws which shall in terms and in effect apply alike to all such counties except on message from the governor declaring that an emergency exists and the concurrent action of two-thirds of the members of each house of the legislature and no law, special or local in its terms or in its effect, which abolishes or creates an elective office or changes the voting or veto power of or the method of removing an elective officer, changes the term of office or reduces the salary of an elective officer during his term of office, abolishes, transfers or curtails any power of an elective officer, changes the form or composition of the elective body of such county, or provides a new form of government for such county, shall become effective without adoption by the electors of such county in the manner prescribed in subdivision two of this section for the adoption of a form of government for such county pursuant thereto. Nothing herein contained shall impair or restrict the power of the legislature to enact laws relating to matters other than the property, affairs or government of such county.
5. If under a form of government, adopted by a county pursuant to subdivision two of this section, the board of supervisors be abolished, the powers and duties of the board of supervisors, as prescribed by the constitution, or by statute if not provided for by such form of government, shall devolve upon the elective body in such county.
6. In a city which includes an entire county, or two or more entire counties, the powers and duties of a board of supervisors may be devolved upon the municipal assembly, common council, board of aldermen or other legislative body of the city.
7. Existing laws applicable to the government of counties and the cities, towns, villages, districts and other units of government therein contained shall continue in force until repealed, amended, modified or superseded by law or by a form of government and nothing contained in this section shall be construed to impair the provisions of article twelve of this constitution.
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Boards of supervisors
There shall be in each county, except in a county wholly included in a city, a board of supervisors, to be composed of such members and elected in such manner and for such period as is or may be provided my law. The legislature may provide by law for forms of government for the counties of Westchester and Nassau, or either, subject to adoption and approval by the electors of any such county at a general election in an odd-numbered year. Any such form of government may include the transfer to the county or to county officers of any functions now exercised by towns or town officers. After the adoption of such form of government by the county, no law which abolishes or creates an elective office or changes the voting or veto power of or the method of removing an elective officer, changes the term of office or reduces the salary of an elective officer during his term of office, abolishes, transfers or curtails any power of an elective officer, changes the form or composition of a legislative body, or provides a new charter for such county, shall become effective without adoption and approval by the electors of such county. No other special or local law affecting the counties of Westchester or Nassau, or either, shall be passed by the legislature except in conformity with the provisions of this section. After any such bill has been passed by both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the clerk of the board of supervisors or other governing elective body of such county, and within fifteen days thereafter such clerk shall return such bill to the clerk of the house from which it was sent, or if the session of the legislature at which such bill was passed has terminated, to the governor, with the clerk's certificate thereon, stating whether the county has or has not accepted the same. The legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill before the board of supervisors or other governing elective body of the county before action thereon, and the board of supervisors or other governing elective body shall act for the county as to such bill, provided that if under such form of government there shall be an executive head of the county, the concurrence of such executive head shall also be required for the acceptance of such bill by the county. Whenever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the governor. No such bill shall take effect until at least sixty days after the approval by the governor, or its final adoption by the legislature notwithstanding the disapproval of the governor; nor unless and until adopted and approved by the electors of the county, if within said sixty days there shall be filed with the county clerk of the county a petition protesting against such bill executed by electors of the county in number equal to at least five per centum of the total number of votes cast in the county for governor at the last gubernatorial election. Whenever, during the session at which it was passed, any such bill is returned without the acceptance of the county, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the legislature and it shall then be subject as are other bills, to the action of the governor, but shall not. take effect unless and until adopted and approved by the electors of the county. In every such law which has been accepted by the county to which it relates, the title shall be followed by the words “accepted by the county.” In every such law which is passed without such acceptance, by the words “passed without the acceptance of the county.” If under such form of government the board of supervisors be abolished, the powers and duties of the board of supervisors, as prescribed by the constitution, or by statute if not provided for by such form of government, shall devolve upon the governing elective body in such county. In a city which includes an entire county, or two or more entire counties, the powers and duties of a board of supervisors may be devolved upon the municipal assembly, common council, board of aldermen or other legislative body of the city.
Boards of supervisors
There shall be in each county, except in a county wholly included in a city, a board of supervisors, to be composed of such members and elected in such manner and for such period as is or may be provided by law. The legislature may provide by law for forms of government for the counties of Westchester and Nassau, or either, subject to adoption and approval by the electors of any such county at a general election in an odd-numbered year. Any such form of government may include the transfer to the county or to county officers of any functions now exercised by towns or town officers. The law providing for such form of government shall also prescribe the manner in which the county affected may subsequently abandon it, and revert to its former form of government. The adoption of such form of government by the county shall not preclude the legislature from amending or modifying such plans. If under such forms of government the board of supervisors be abolished, the powers and duties of the board of supervisors, as prescribed by the constitution, or by statute if not provided for by such form of government, shall devolve upon the governing elective body in such county. In a city which includes an entire county, or two or more entire counties, the powers and duties of a board of supervisors may be devolved upon the municipal assembly, common council, board of aldermen or other legislative body of the city.
Boards of supervisors
There shall be in each county, except in a county wholly included in a city, a board of supervisors, to be composed of such manner and elected in such manner and for such period as is or may be provided by law. In a city which includes an entire county, or two or more entire counties, the powers and duties of a board of supervisors may be devolved upon the municipal assembly, common council, board of aldermen or other legislative body of the city.
Boards of supervisors
There shall be in the several counties, except in cities whose boundaries are the same as those of the county, a board of supervisors, to be composed of such members, and elected in such manner, and for such period, as is or may be provided by law. In any such city the duties and powers of a board of supervisors may be devolved upon the common council or board of aldermen thereof.
Boards of supervisors
There shall be in the several counties, except in cities whose boundaries are the same as those of the county, a board of supervisors, to be composed of such members, and elected in such manner, and for such period, as is or may be, provided by law. In any such city the duties and powers of a board of supervisors may be devolved upon the common council or board of aldermen thereof.