[Added 9-26-1978 by L.L. No. 20-1978]
The initiative is a process, pursuant to state law, by which
the people of Suffolk County may write their own proposals to amend
the Suffolk County Charter. Amendments to the Charter may be proposed,
unless otherwise preempted by state or federal law, consistent with
the provisions of this article. No initiative petition may be filed
with the intent to defeat the initiative measure embraced in the petition,
although nothing prohibits a person from filing in good faith an initiative
measure which conflicts with a measure already on file. An initiative
is placed on the ballot after its sponsor has successfully met a series
of deadlines which are embodied in this article.
As used in this article, the following terms shall have the
meanings indicated:
A day on which the County is officially open for business.
The Suffolk County Charter.
The state's Election Law, wherever applicable, regarding
misrepresentation, forgeries and financing of campaigns.
The process whereby the people propose charter laws and amendments
to charter laws, and to enact or reject them at the polls, independent
of legislative assembly.
The Charter amendment which is the subject of the initiative
process.
The document circulated by registered voters to gather signatures
to allow for the filing of the initiative and to qualify for a place
on the ballot.
The signatures of registered voters supporting the initiative
statute or amendment and appearing on the petition.
A voter qualified to vote at the next general election as
of the date of signing.
A registered voter or voters designated upon a petition by
the parties signing such petition as their representative for all
actions pertaining to such petition. There shall be no more than three
sponsors for any petition.
Shall be given its common meaning, being an extract or abridgment
of the proposed law or amendment. Such extract shall set forth a brief
summary of the act, including its aims, goals and purposes.
A.
Submission to the Clerk of the Legislature. The sponsor shall prepare
a written text of the proposed law. The text shall be attached to
petition sheets which may be circulated among the eligible voters
of Suffolk County. The sponsor shall present the text, together with
the petition signed by at least 2.5% of the total number of votes
cast within each of the 10 towns of the County for all candidates
who ran for Governor at the last gubernatorial election, said two-and-one-half-percent
requirement to be calculated on a town-by-town basis, to the Clerk
of the Legislature, said signatures of each sponsor to be notarized
and said petition to include the date of submission. The sponsor shall
also submit a filing fee of $75, in cash or certified check, which
shall be utilized to defray the costs to implement this procedure.
Upon receipt of the text filing fee, and the petition, the Clerk shall
immediately forward the petition to the Board of Elections to determine
and certify that it has the requisite number of valid signatures.
The Clerk of the County Legislature shall provide the sponsor with
a time-stamped copy of said text, signed by said Clerk acknowledging
receipt thereof. The Clerk shall also file a copy of the text simultaneously
with the County Attorney.
B.
Abstract of the County Attorney. The County Attorney, upon receipt
of the text from the Clerk of the County Legislature, shall initially
review it. The County Attorney shall prepare an abstract of the proposed
charter law describing in detail the areas of the Charter altered
by said proposal and the legal impact thereof in a manner which can
be comprehended by the general public. The text shall be returned
by the County Attorney to the sponsors with an official abstract of
the County Attorney within 30 days, by certified mail, return receipt
requested.
C.
Within 20 days after receipt from the Clerk of Legislature, the Board of Elections shall review the petition and determine and certify whether the petition contains the requisite number of valid signatures in accordance with the procedures set forth in § A7-3 of the Suffolk County Administrative Code. If the Board of Elections so certifies, the County Attorney shall prepare a title and summary and shall submit all of the above to the Clerk of the Legislature within 10 days after receipt of the certification from the Board of Elections. If the petition does not have the requisite number of signatures, the Board shall notify the Clerk, who shall notify the sponsor, by certified mail, and the Presiding Officer and County Attorney, and no further action may be taken. If the petition does have the requisite number of signatures, as determined by the Board of Elections under § A7-3 of the Suffolk County Administrative Code, the Clerk of the Legislature shall notify the sponsor of such determination by certified mail, return receipt requested, and shall include a copy of the title, text and summary with said notification to the sponsor, and the procedures in § A7-3 of the Suffolk County Administrative Code shall be complied with.
D.
The Board of Elections shall determine whether the petition is valid pursuant to § A7-3 of the Suffolk County Administrative Code. Once a petition is validated finally by the Board of Elections and is filed, it shall appear on the ballot at the next general election to be held not less than 90 days after its qualification date.
E.
Approval. If the measure is approved by a majority vote at the general
election of all persons voting in such general election, the Charter
amendment shall become effective as set forth in the text of the measure.
Notwithstanding the above, no measure may affect the term of office
of an elected official who is in office on the day of the referendum
vote. Further, if the measure requires a change in the County budget,
then the measure shall not take effect until the second following
January 1. This time period will be necessary so that the affected
department may provide for the changed spending in the annual budget.
If the proposed measure purports to transfer any authority, function,
responsibility or cost of the County to a town, village, special district
or other unit or form of government wholly contained or created within
the County, then such measure shall not become operative unless and
until it is approved at a general election by a majority vote of all
persons voting in such election and a majority of all the votes cast
thereon in the jurisdictions so affected.
The County Legislature may amend or repeal initiative-adopted
Charter amendments only by local law, subject to mandatory referendum,
unless the terms of the initiative permit amendment or repeal without
submission to the electorate.
