§ 36. Provisions for adoption of new or revised city charter proposed
by a charter commission. 1. A local law providing a new or revised city
charter also may be adopted in any city pursuant to the provisions of
this section.

2. The legislative body may adopt a local law providing for (a) the
establishment of a commission to draft a new or revised city charter, or
(b) the submission to the electors of such city at a general or special
election of the question: "Shall there be a commission to draft a new or
revised city charter as proposed by local law number . . . . . . for
the year . . . . . ?" Such question may also specify the composition of
such commission as provided in such local law. Such election shall be
held not less than sixty days after the adoption of such local law. Such
local law shall fix or provide the method of determining the number of
members of such commission and determine whether the members shall be
elected or appointed, or partly elected and partly appointed. It shall
also prescribe the manner of appointment of appointive members, the
manner of election of elective members and whether elective members
shall be elected by the city at large or by districts described in such
local law. In a case where a question is so submitted, the elective
members of the commission, if any, shall be elected at the election at
which the question is submitted. If the question be answered in the
affirmative by a majority vote of the qualified electors of such city
voting thereon, the members of the charter commission, appointed or
elected thereto, shall be a charter commission of such city, except that
if at the same election more than one proposal for establishing a
charter commission receives such approval only the proposal receiving
the largest number of affirmative votes shall be deemed adopted.

3. A local law for the creation of a commission to draft a new or
revised city charter also may be adopted in the following manner:
Qualified electors of a city, registered to vote therein at the last
preceding general election, in number equal to at least fifteen per
centum of the total number of votes cast for governor at the last
gubernatorial election in such city, or forty-five thousand, whichever
is less, may file in the office of the city clerk a petition for the
submission to the electors of such city of a proposed local law for the
creation of a commission to draft a new or revised city charter for such
city and if such petition is found to meet all the requirements of law,
the legislative body of the city shall submit such local law to the
electors of such city at the next general election therein held not less
than sixty days after the filing of such petition. Such proposed local
law shall fix or provide the method of determining the number of members
of such commission and shall provide for its composition. It may name
all or any of such members and may provide for the election or
appointment of all or any of them. It shall prescribe the manner of
appointment of appointive members and the time and manner of election of
elective members. It shall also determine whether elective members shall
be elected from the city at large or by districts described in such
local law. Such petition shall conform to the provisions of section
twenty-four in relation to petitions. It shall be examined and reported
on by the city clerk as prescribed in such section, and objections
thereto shall be disposed of by the supreme court as prescribed by such
section. The city clerk shall transmit such proposed local law in the
form in which it is to be submitted, which shall include the proposed
composition of such commission, to the election officers charged with
the duty of publishing the notice of such election. If two or more such
petitions are filed providing for the submission of different proposed
local laws, the city clerk shall designate each such proposed local law
numerically in the order of the time of the filing of the petitions. If
such a proposed local law receives the affirmative vote of a majority of
the qualified electors of such city voting thereon, the members of the
charter commission named in such local law, or elected or appointed as
prescribed therein, shall be the charter commission of such city, except
that if at the same election more than one local law for establishing a
charter commission receives the affirmative vote of a majority of the
qualified electors of such city voting thereon, only the one receiving
the largest number of affirmative votes shall be deemed adopted and the
members of the charter commission named in such local law or elected or
appointed as prescribed therein, shall be the charter commission of such
city.

4. A charter commission to draft a new or revised city charter may
also be created by the mayor of any city. Such commission shall consist
of not less than nine nor more than fifteen members, all of whom shall
be residents of the city. Original appointments to such a commission
shall be made by the mayor by a certificate of appointment which shall
specify the number of, and names of, the members to constitute the
commission, which certificate shall be filed forthwith with the city
clerk. The chairman, vice-chairman and secretary shall be appointed by
the mayor from among the members of the commission. Any vacancy in the
membership of such a commission or of its officers shall be filled by
the mayor.

5. (a) The charter commission of a city created pursuant to this
section shall review the entire charter of such city and prepare a draft
of a proposed new or revised charter of such city. If the commission
shall decide to leave a part of the existing charter unchanged, it may
propose in one or more amendments a revision of the remaining parts. In
such case it shall make a report to the public, accompanying its
proposals, in which it shall refer specifically to such unchanged part
and explain its decision to leave such part unchanged. The proposed
charter or such amendments may contain such provisions or effect such
results as may be made or effected by local law under the provisions of
this chapter, and, subject to the provisions of paragraph (c) of
subdivision four of section ten of this chapter, may contain any
provisions of the existing charter of such city deemed necessary to make
a complete charter of such city or appropriate amendments to the
existing charter, with such changes in the headings and in the numbering
of the titles, articles, chapters, sections and subdivisions wherein
such provisions are found in the existing charter as may be deemed
appropriate to correlate and coordinate them with the other provisions
in the proposed new or revised charter and with such changes in the text
of such provisions as may be deemed desirable to clarify the meaning of
such provisions, and to vest in any of the officers of the city provided
for in the proposed new or revised charter any power or authority
contained in such provisions.

(b) Such new charter or amendments shall be completed and filed in the
office of the city clerk in time for submission to the electors not
later than the second general election after the charter commission is
created and organized. The local law or certificate establishing the
commission or, in the absence of such provision therein, the charter
commission shall provide for such publication or other publicity in
respect to the provisions of the proposed charter or amendments as it
may deem proper, and for submission thereof to the electors of the city
at a general or special election held not earlier than sixty days after
the filing thereof in the office of the city clerk and not later than
the next general election which does not occur within the said sixty
days, provided, however, that if such general election occurs within
ninety days after the said filing, the proposed charter or amendments
shall be submitted at such general election. At such election, if a
proposed new charter is submitted as a single proposal, there shall be
submitted to the qualified electors of the city the question: "Shall the
new city charter proposed by the city charter commission be adopted ?"
The charter commission may, however, require that its proposed charter
be submitted in two or more parts so arranged that corresponding parts
of the existing charter shall remain in effect if one or more of such
parts are not adopted, or may in lieu of a new charter submit a revision
of the existing charter in one or more amendments and may also submit
alternative charters or amendments or alternative provisions to
supersede designated portions of a proposed charter or amendment if
adopted. In such case the charter commission shall prescribe the form of
the questions to be submitted, which shall be such as clearly to
indicate the effect of their approval.

(c) No provision for the election of any elective officers by any
system of proportional representation shall become effective under the
provisions of this section unless a definite question with respect to
the adoption of such system for the election of such officers shall have
been submitted as a separate question and separately approved at the
same election by the affirmative vote of a majority of the qualified
electors voting thereon.

(d) If any question submitted by the charter commission receives the
affirmative vote of a majority of the qualified electors of the city
voting thereon, the proposal submitted thereby shall take effect as
specified therein and the new charter or the amendment or amendments to
the existing charter as so proposed shall become operative as prescribed
therein; except that if there be a conflict between the provisions of
two or more proposals approved by the electors at the same election, the
proposal receiving the largest number of affirmative votes shall prevail
to the extent of such conflict.

(e) At any election at which any question or questions shall be
submitted to the qualified electors of the city by a charter commission
pursuant to this section or within sixty days thereafter, no other
question or questions shall be submitted to or voted upon by such
electors pursuant to any local law, ordinance, resolution or petition if
such commission was created pursuant to subdivision four of this
section, and no such other question or questions shall be submitted
except by another charter commission if such commission was created
otherwise, if such other question or questions involve or relate
directly or indirectly to the adoption of a new city charter, the
amendment of a city charter, charter revision, the establishment of a
commission to draft a new or revised city charter, or the functions,
powers or duties of any elective officer of the city, except as provided
in paragraph (g) of this subdivision.

(f) While a charter commission is in existence under the provisions of
this section, the local legislative body shall not submit to the
electors any of the questions specified in subdivision (e) except at a
general election.

(g) If a proposed local law submitted pursuant to section thirty-seven
of this chapter would under the provisions of such section be submitted
at a general election at which a question or questions submitted by a
charter commission are to be voted on, such local law shall not be
submitted at such election but shall be submitted at the general
election in the year following regardless of other questions which may
be voted on at the latter election and notwithstanding any inconsistent
provision of this title.

6. Any charter commission created under this section shall also be
subject to the following provisions:

(a) Members of the commission shall receive no compensation for their
services, but shall be reimbursed for the actual and necessary expenses
incurred by them in the performance of their duties.

(b) The commission shall appoint and may at pleasure remove such
employees and consultants as it shall require and fix their compensation
and may accept any services, facilities or funds and use or expend the
same for its purposes. On request of the commission, the mayor or, in a
city having a city manager, the city manager may direct any board, body,
officer or employee of the city to cooperate with, assist, advise,
provide facilities, materials or data and render services to the
commission.

(c) In addition to action under any other power to make appropriations
for the support of a charter commission, the appropriate officials of
the city shall have power, on request of the commission, to appropriate
to such commission such sum or sums as shall be necessary to defray its
expenses and, in the event the appropriating body or bodies do not take
affirmative action to provide such sum or sums within forty-five days of
the commission's request, the mayor of the city shall have power to
authorize, by certificate filed with the fiscal officer or officers of
the city, the commission to incur liabilities and expenses as specified
by him, but within the sum or sums so requested, which shall be a charge
against the city and which shall be audited and paid by the appropriate
officials of the city.

(d) No person shall be disqualified to serve as a member, employee or
consultant of the commission by reason of holding any other public
office or employment, nor shall he forfeit any such office or employment
by reason of his appointment hereunder, notwithstanding the provisions
of any general, special or local law, ordinance or city charter.

(e) The terms of office of the members of the commission shall expire
on the day of the election at which the proposed new charter or charter
amendments prepared by the commission are submitted to the qualified
electors of the city, or on the day of the second general election
following the organization of the commission if no such questions have
been submitted by that time.

(f) The commission shall conduct public hearings. It shall conduct
such public hearings at such times and at such places within the city as
it shall deem necessary. The commission shall also have power to conduct
private hearings, take testimony, subpoena witnesses and require the
production of books, papers and records.

(g) The provisions of the election law or any other law relating to
the submission of questions at general elections, so far as the same are
applicable and not inconsistent herewith, shall apply to a question
submitted pursuant to the provisions of this section.