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Article 27 - Application of Charter; When and How Operative and Effective - Charter


Section 2701. Adoption of charter; when effective.
  2702. Amendment of charter.
  2703. Terms of certain elective county officers.
  2704. Continuity of authority; completion of unfinished business.
  2705. Separability.
  2706. Charter to be liberally construed.

Section 2701. Adoption of charter; when effective. This charter shall be effective immediately upon approval by referendum in the manner provided by law. The administrative code may be adopted by local law at any time thereafter. The first county executive shall be elected at the general election in nineteen hundred sixty and shall take office on January first, nineteen hundred sixty one. The county comptroller shall be first elected at the general election in nineteen hundred sixty one and the person then elected shall, upon qualifying, take office on January first, nineteen hundred sixty two. Pending such election and qualifying for office, the incumbent county comptroller shall have the powers and perform the duties prescribed in this charter for the elective office of county comptroller.

Section 2702. Amendment of charter. This charter may be amended in the manner provided by law. Any local law which would create or abolish an elective county office, change an elective office to appointive or an appointive office to elective, or change the powers of an elective county officer, or change the term of office for county legislators shall be subject to mandatory referendum. No local law which would abolish or change an administrative unit prescribed in this charter or the power of an appointive county officer in the executive branch may be passed before January first, nineteen hundred sixty one. Amended by Local Law No. 2 1978.

Section 2703. Terms of certain elective county officers. The terms of office for the county executive, comptroller, county clerk, district attorney and sheriff shall be four years, and the election of any such officer shall be in an odd numbered year. Provided that any such officer elected in nineteen hundred sixty or nineteen hundred sixty two shall be elected for three years; and provided, further, that an interim election to fill the remainder of an unexpired term may be held in any year.

Section 2704. Continuity of authority; completion of unfinished business. The performance of functions pursuant to the provisions of this charter shall be deemed and held to constitute a continuation thereof for the purpose of succession to all rights, powers, duties and obligations attached to such functions. Any proceedings or other business undertaken or commenced prior to the effective date of this charter may be conducted and completed by the county officer or administrative unit responsible therefor under this charter or the administrative code.

Section 2705. Separability. If any clause, sentence, paragraph, section or article of this charter shall be adjudged by any court of competent jurisdiction to be invalid, such jurisdiction shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or article thereof directly involved in the proceeding in which such adjudication shall have been rendered.

Section 2706. Charter to be liberally construed. This charter shall be liberally construed to effectuate its objectives and purposes.

Article 27 was formerly numbered article 28, which was formerly numbered Article XX.