LLOOCCAALL GOVERNMENT HANDBOOK - New …

1 LLOOCCAALL GOVERNMENTHANDBOOKA ndrew M. Cuomo, Governor Rossana Rosado, Secretary of State A Division of the New york department of StateLocal GOVERNMENT Handbook6th Edition, published 2009 Reprinted 2011 New york State department of State Table of ContentsPageChapter IThe Origins of local GOVERNMENT and the Federal System1 The Heritage of History Some Basic Beliefs The Land and the People The Federal SystemChapter IIThe State Government11 The Legislature and the Legislative Process The Governor Lieutenant Governor State Comptroller Attorney General State AgenciesChapter IIIThe Judicial System19 Chapter IVLocal GOVERNMENT Home Rule Power29 Constitutional and Statutory Sources of local Authority local

2 Legislative PowerChapter VCounty Government39 The Changing Nature of County GovernmentCounty GOVERNMENT Organization The Functions of County GovernmentChapter VICity Government51 Home Rule and the Cities Historical Development The Forms of City GOVERNMENT Contents of City Charters Decentralization and Urban Problems New york CityChapter VIITown Government59 The Beginnings of Town GOVERNMENT Characteristics of Towns GOVERNMENT Organization Operations and Services SummaryiChapter VIIIV illage Government67 Creation and OrganizationFinancing Village ServicesVillage DissolutionTrendsChapter IXSpecial Purpose Units of Government75 Public Education Organizing for Fire Protection Public Benefit CorporationsChapter XCitizen Participation and Involvement85 The Electoral Process Referenda Facilitating Citizen Participation Public Information and Reporting Handling Citizen ComplaintsChapter XIFinancing local Government93 local Expenditures in New YorkLocal GOVERNMENT RevenuesProperty TaxationLocal Non-Property TaxesSpecial Charges.

3 Fees and EarningsState AidFederal AidChapter XIIA dministering local Finances105 Tax and Debt LimitsBorrowings and Debt ManagementMunicipal Finance AdministrationChapter XIIIP ersonnel Administration113 Historical DevelopmentNew york State Civil Service LawLocal Civil Service AdministrationFederal Acts Affecting Personnel AdministrationState Assistance and TrainingSummaryiiChapter XIVL abor-Management Relations121 Historical BackgroundThe Public Employment Relations BoardElements in the Bargaining ProcessImproper PracticesContract AdministrationSummaryChapter XVPublic Services129 State Agency OperationsSocial Service and Public Health ProgramsCommunity DevelopmentPublic SafetyEnvironmental ProtectionTransportationConsumer Protection ServicesLabor and Working ConditionsOther ServicesThe FutureChapter XVILand Use Planning and Regulation147 The Police PowerThe Planning BoardComprehensive PlanningCounty PlanningZoning and Related Regulatory ControlsOther Land Use ControlsSupplementary ControlsChapter XVIIP ublic Authorities.

4 Regional Agencies and Intergovernmental Cooperation159 Public AuthoritiesRegional AgenciesThe Regional Planning CouncilsRegional Solutions Through Intergovernmental CooperationAcknowledgments169 Web Sites for local GOVERNMENT Offices171iiiList of TablesTablePage1 Distribution of New york Towns and Villages by Population Category52 Population Change by Type of Municipality, 1990 - 200063 New york State Court System Characteristics214 Constitutional Provisions Relating to local Government315 Consolidated Laws Relating to local Government326 New york State Counties407 Charter Counties in New York428 Trends in County Expenditures by Purpose489 Form of City Government5410 Town Special Districts and Fire Districts by Type of District6511 Village Incorporations since 19406912 Villages Which Have Administrators/Managers7113 Village Dissolutions in New york State7314 New york State School Districts.

5 As of July 20047615 local Authorities and Other Special Purpose Entities8116 local GOVERNMENT Current Expenditures by Function, 20059417 local GOVERNMENT Current Expenditures, 2000 and 20059518 local Taxes in New york State, 2000 and 200596192005 local GOVERNMENT Revenue Sources Percent Distribution9620 local GOVERNMENT Real Property Tax Revenue by Type of GOVERNMENT , 2000 and 20059721 local Non-Property Tax Revenue, 2000 and 200510122 State Aid Payments to local Governments by Type of GOVERNMENT , 2000 and 200510223 Federal Aid Payments to local Governments, 2000 and 2005 by Type of Unit10424 Steps to Resolve Bargaining Deadlocks12425 Public Authorities by Date Created15926 Revised Breakdown of Public Authorities by Class16127 Regional Planning Commissions and Councils165ivvList of FiguresFigurePage1 Map of New york State Towns by Population 200062 Map of New york State Towns by Population Density.

6 200073 Course of Bill Through New york State Legislature144 New york State Unified Court System205 Judicial Districts of the State of New York236 County GOVERNMENT County Law Form Organization Chart467 County GOVERNMENT Executive Form Organization Chart478 County GOVERNMENT Manager Form Organization Chart47 local GOVERNMENT Handbook1 CHAPTER IThe Origins of local GOVERNMENT and the Federal SystemLocal GOVERNMENT in New york has evolved over centuries of experience that Empire State residentshave had in dealing with the land and its resources. The governmental forms created by the people reflectfunctional concerns, a fear of concentrated governmental power and a sustained dedication to basicideas of representative we often speak of three levels of GOVERNMENT , the United states Constitution mentions onlytwo: the federal GOVERNMENT and the state governments.

7 The federal system, however, implicitly includesthe idea that the states , in the exercise of powers reserved to them by the United states Constitution, wouldprovide for local governments in ways that would take into account local diversities and needs. To theextent that the states have made such provisions in the form of state constitutional grants of home-rulepower to the local units, such as in New york , local governments have become, in fact as well as in theory,a third level of the federal four hundred years have passed sincethe first Europeans settled in what is now New york experiences of the millions who have lived in thisstate have provided the raw materials for the creation ofpresent-day social and governmental chapter reviews some basic considerations thatare relevant to the following questions: Why did New Yorkers of long ago create local gov-ernments?

8 What types of governments did they establish? What did they believe about governmental powerand its uses? How did the land, its climate and its diversities con-tribute to the shaping of governmental patterns? How did New Yorkers mesh their governmentalpatterns with those of the emerging nation?The Heritage of History Before the first Roman soldier stepped on the shoreof are the words which open a History ofthe County Law in the 1950 edition of McKinney sCounty Law of the State of New origins of local GOVERNMENT in New york Statemay be traced to that moment in ancient history.

9 A histo-rian of county GOVERNMENT will find, for example, that thefamiliar office of sheriff existed in England over one thou-sand years ago as did the reeve (tax collector) of theshire or shire-reeve. 1Of course, long before the early European settlersbegan to plan their particular forms of governmental or-ganization in New york State, the Iroquois Confederacyexisted as a relatively sophisticated system of govern-ment. The Iroquois Confederacy included extensive in-tergovernmental cooperation and operated effectivelyfrom the mouth of the Mohawk River to the GeneseeRiver.

10 The Iroquois had found it advantageous to substi-tute intertribal warfare and strife for a cooperative ar-rangement in which each of the six tribes carried out as-signed functions and duties on behalf of all. The federalarrangement in the United states Constitution was pat-terned after the Iroquois Confederacy. The familiar pat-terns of local GOVERNMENT in New york today, however,stem largely from the colonial GOVERNMENT in New YorkEstablished by the Dutch, the first local governmentsin New york began as little more than adjuncts to a fur-trading enterprise. Under a charter from the governmentof the Netherlands, the Dutch West India Company ruledthe colony of New Netherland from 1609 until the Brit-ish seized it in first the Dutch concentrated almost wholly on com-merce and trade, particularly the fur trade.