The County: The "Dark Continent" of American Politics

by Henry S. Gilbertson

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

Proposing the repeal of sections twenty-six and twenty-seven of article three, the insertion of two new sections at the beginning of article ten, to be numbered sections one and two, respectively, and the renumbering and amendment of sections one to nine, respectively, of article ten of the constitution.

Section 1. Resolved (if the Senate concur), That sections twenty-six and twenty-seven of article three be hereby repealed.

§ 2. Resolved (if the Senate concur), That article ten of the constitution be hereby amended by inserting therein two new sections at the beginning thereof, to be numbered sections one and two, respectively, to read as follows:

§ 1. [30]Laws relating to the government of counties and to the methods of selection, terms of office, removal and compensation of county officers shall be general laws, both in terms and in effect. The board of supervisors of any county, the members of which shall be elected in the year one thousand nine hundred and seventeen or thereafter, may repeal such sections of any law then in force as shall relate to the foregoing subjects and affect exclusively such county. The legislature may pass a law authorizing any county, except a county wholly in a city, upon petition of a percentage of the electors thereof to be determined by the legislature, to adopt one of such optional forms of county government as may be set forth in such law. Such law may authorize the selection of any county officer or officers by the electors, by the board of supervisors or by other county officers, and provide for the removal of officers so selected; it may confer upon the board of supervisors such powers of local legislation, government and administration as the legislature may deem expedient.

§ 2. There shall be in each county, except a county wholly included in a city, a board of supervisors, to be composed of such members and chosen by the electors of the county or of its several subdivisions 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 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.

§ 3. Resolved (if the Senate concur), That sections one and two of article ten of the constitution be renumbered respectively sections three and four and be hereby amended to read as follows:

§ [1]3. Sheriffs, clerks of counties, district attorneys and registers, in counties having registers, shall be chosen by the electors of the respective counties [once in every three years and as often as vacancies shall happen, except in the counties of New York and Kings, and in counties whose boundaries are the same as those of a city, in every two or four years], as the legislature shall direct, unless and until the electors in the manner provided in section one hereof shall adopt other methods of selection. Sheriffs shall hold no other office and [be ineligible for the next term after the termination of their offices. They] may be required by law to renew their security from time to time, and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. The governor may remove any officer, in this section mentioned, within the term for which he shall have been elected or appointed; giving to such officer a copy of the charges against him and an opportunity of being heard in his defense.

§ [2]4. All county officers whose election or appointment is not provided for by this constitution, shall be elected by the electors of the respective counties or appointed by the boards of supervisors, or other county authorities as the legislature shall direct. All city, town and village officers, whose election or appointment is not provided for by this constitution shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the legislature shall designate for that purpose. All other officers, whose election or appointment is not provided for by this constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed as the legislature may direct. Nothing in this section shall prevent the transfer in whole or in part, of the functions of any town or village officer to any county officer, or the transfer in whole or in part of the function of any county officer to any town or village officer.

§ 4. Resolved (if the Senate concur), That sections three, four, five, six, seven, eight and nine of article ten of the constitution be hereby renumbered five, six, seven, eight, nine, ten and eleven, respectively.