Alternative County Government - Optional Transfer of Powers - Transfer of functions from units of local government


Published: 2014-09-22

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§ 553. Transfer of functions from units of local government. 1. A
petition or resolution for the adoption of an alternative form of county
government, for the modification of an alternative form previously
adopted or for a change from one such form to another may provide for
the transfer of any of the following functions, powers and duties of
units of local government within the county to the county or from one
kind of unit of local government within the county to another:

(a) From the towns to the county:

(1) Assessment of property.

(2) Collection of taxes and special assessments.

(3) Maintenance and construction of town highways and bridges.

(b) From the villages to the county:

(1) Assessment of property.

(2) Collection of taxes and special assessments.

(3) Maintenance and construction of village highways and bridges,
provided that the similar function has been, or is simultaneously being
proposed to be, transferred from the towns to the county. If such a
transfer from the towns, simultaneously submitted, is not approved, any
approval of such a transfer from the villages shall be of no effect.

(c) From the cities to the county:

(1) Assessment of property.

(2) Collection of taxes and special assessments.

(3) Maintenance and construction of city highways and bridges,
provided that the similar function has been, or is simultaneously being
proposed to be, transferred from the towns and villages, if any, to the
county. If such a transfer from the towns or villages, simultaneously
submitted, is not approved, any approval of such a transfer from the
cities shall be of no effect.

(d) From the school district to the county:

(1) Collection of school taxes.

(e) From the villages to the towns:

(1) Assessment of property.

(2) Collection of taxes and special assessments.

(3) Maintenance and construction of village highways and bridges.

(f) From school districts to the towns and cities, if any:

(1) Collection of school taxes.

Nothing in this section shall be construed to prevent the transfer of
functions by other methods when authorized by other provisions of law.

2. If the petition or resolution for the adoption of an alternative
form of county government or for the modification or change of an
alternative form previously adopted, shall provide for the transfer from
any or all of the units of local government to the county, of:

(a) The functions thereof in relation to the assessment of property,
such functions shall be exercised in the manner provided in section five
hundred fifty.

(b) The functions thereof in relation to the collection of taxes and
special assessments, such functions shall be exercised in the manner
provided in section five hundred fifty-one.

(c) The functions thereof in relation to the maintenance and
construction of highways and bridges, such functions shall be exercised
in the manner provided in section three hundred fifty-one, except that
in a county having the county administrative form of county government
such functions shall be exercised by the county superintendent of public
works.

3. If the petition or resolution for the adoption of an alternative
form of county government or for the modification or change of an
alternative form previously adopted, shall provide for the transfer from
the villages to the towns, of:

(a) The functions thereof in relation to the assessment of property,
the assessors of each town shall annually, but not later than the first
day of October, certify and file in the office of the village clerk of
each village wholly or partly contained in such town, one copy of the
assessment-roll of the town filed in the office of the town clerk,
pursuant to section twenty-nine of the tax law, in so far as the same
shall relate to property contained within the corporate limits of such
village. The assessment-roll so filed in the office of the village clerk
shall constitute the assessment-roll of the village or part thereof
within the town, and the office of assessor in such village shall be
abolished, unless the village is partly within another county in which
the function of assessment of property has not been transferred to the
towns, in which case the village assessor shall continue to perform his
duties for the part of the village within the other county.

(b) The functions thereof in relation to the collection of taxes and
special assessments, the board of trustees of each village wholly or
partly within the county shall annually issue to the receiver of taxes
and assessments, the tax collector or the town clerk, as the case may
be, of each town within the county which contains any part of such
village, a warrant for the collection of the village taxes and
assessments for property within such town, and such officer shall have
all the powers and be subject to all the duties of a village treasurer
or other village officer charged with the duty of collecting taxes and
special assessments for such village or part thereof within such town.

4. If the petition or resolution for the adoption of an alternative
form of county government or for the modification or change of an
alternative form previously adopted, shall provide for the transfer from
the school districts to the towns and cities, if any, of the functions
thereof in relation to the collection of school taxes, the collector of
each town or the town clerk of a town in which the office of collector
has been abolished pursuant to section thirty-six of the town law, and
the tax collecting official of each city within the county, shall have
and possess and exercise in the manner and within the time prescribed by
law all the rights, powers and authority possessed and exercised by the
school district collectors in such town or city and it shall be his duty
to receive and collect all school taxes and all other moneys provided by
law to be paid to the school district collector. If the school district
shall include territory in two or more towns or in one or more towns and
a city, the board of education or trustee or trustees of such district
shall divide the tax roll of such school district so as to set forth
separately that portion of the district contained in each town or city
and shall deliver to the collector or town clerk or city collecting
official, as the case may be, the portion of the tax roll which includes
the property of the district contained in the town or city for which he
collects taxes and a warrant for the collection of the taxes levied
thereon. All school district moneys collected shall be deposited to the
credit of the school district in such bank or banks as may be designated
from time to time by the board of education or trustee or trustees of
the school district. Whenever the function of collecting school taxes
shall be transferred to a town or city, the undertaking of the town
collector or town clerk or city collecting official, as the case may be,
shall be further conditioned that he will well and truly keep, pay over
and account for all school district taxes and such undertaking shall be
in lieu of any other bond or undertaking otherwise required by law in
the collection of such school district taxes and the proper accounting
therefor, and the trustees of every school district for which such town
collector or town clerk or city collecting official shall act as
collector shall have and may exercise the same powers and remedies with
respect to such undertaking as is given them with respect to the
official bond of the collector by the provisions of article forty-three
of the education law or by the provisions of any other general or
special law.

5. If any alternative form of government or the modification or change
of such form shall be adopted which provides for the transfer of all of
the functions of any officer, office, department or agency of any unit
of local government to the county or to another unit of local
government, such officer, office, department or agency shall be
abolished, except that no such transfer shall have the effect of
shortening the term of office of the incumbent of any elective office,
but any such incumbent, at the time such new form of government becomes
effective, shall turn over all books, records and other papers
pertaining to the conduct of his office to the department, office or
agency which succeeds to such powers and duties. Any such incumbent,
until the end of his term, shall serve in an advisory capacity to the
department, office or agency to which the powers and duties of his
office have been transferred, except that the county executive, if the
functions have been transferred to the county, or the board of trustees,
common council or other elective governing body of the town, village or
city, if the functions have been transferred to such town, village or
city, may require any such incumbent to continue the active performance
of his powers and duties for any period within the term for which he was
elected and until such county executive or elective governing body shall
direct the transfer of the records of the office. Any officer whose
powers and duties are transferred as in this section provided shall be
compensated in an amount to be fixed by the county executive with the
approval of the board of supervisors, or the elective governing body of
the town, village or city, as the case may be, during the remainder of
his term.

6. In the event of the transfer of a function from a unit of local
government to the county, or from one unit of local government to
another, the cost of the performance of such function by the transferee
shall be paid in the first instance by the transferee from current funds
but be a charge against the transferor, to be audited and paid in the
same manner as other charges against the transferor, except that if any
function performed by a transferee shall be of general benefit
throughout the entire territory of such transferee the costs thereof may
be provided by a tax upon all of the property within the boundaries of
the transferee.

7. If the petition or resolution pursuant to which an alternative form
of government or modification or change is adopted shall so provide, the
cost to the transferor of the performance of any function in any cases
where functions are transferred pursuant to such petition or resolution,
shall be determined on the basis of a contract to be entered into
between the transferor and the transferee. The amount agreed upon under
any such contract shall be raised by taxation upon the property of the
transferor in the same manner as taxes were raised for the cost of such
function prior to the transfer.

8. In any case where there shall have been a transfer of a function
pursuant to this section, any outstanding indebtedness against the
transferor existing at the time of the transfer shall not be affected by
the transfer but shall continue to be raised by tax and paid in the same
manner as if the transfer had not been effected.