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This entry was published on 2014-09-22
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Approval of local laws by elective chief executive officer
Municipal Home Rule (MHR) CHAPTER 36-A, ARTICLE 3
§ 21. Approval of local laws by elective chief executive officer.
Every local law shall be certified by the clerk after its passage by
such body and shall be presented to the elective chief executive
officer, if any, for approval by him. If such officer approves it, he
shall sign it and return it to such clerk; it shall then be deemed to
have been adopted. If he disapproves it, he shall return it to the clerk
with his objections stated in writing and the clerk shall present the
same with such objections to the legislative body at its next regular
meeting and such objections shall be entered in its record, journal or
minutes of proceedings. The legislative body within thirty days
thereafter may reconsider the same. Such an elective chief executive
officer who is a member of the legislative body shall not be entitled to
vote on such reconsideration. If after such reconsideration such local
law is repassed by a vote of at least two-thirds of the total voting
power of the legislative body, exclusive of such officer, it shall be
deemed adopted, notwithstanding the objections of such officer. Only one
vote shall be had upon such reconsideration. The vote shall be taken by
ayes and noes, and the names of the members present and their votes
shall be entered in the record, journal or minutes of proceedings. If
within thirty days after a local law shall have been presented to him
such officer shall neither approve it nor return it to the clerk with
his objections, it shall be deemed to be adopted in like manner as if he
had signed it. At any time prior to such adoption or to the return of a
local law by such officer, as the case may be, the legislative body may
recall the same and reconsider its action thereon.