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The Development of Local Discretionary Authority in New York
Authors:Zimmerman   Joseph F.
Abstract:Central control of cities was established policy during thecolonial period. The policy was continued after independence.By 1839, all cities were allowed to elect their mayors, anda movement commenced to limit the powers of the legislatureover local governments. An 1874 constitutional amendment forbadethe legislature to enact a special or local bill in seven areas,and the 1894 constitution allowed a city to veto a special cityact, subject to repassage by the legislature. Although constitutionalamendments in 1923, 1935, 1938, and 1963 broadened local powers,the Court of Appeals in the 1920s and 1930s tended to restrictthe powers of local governments. The most important changesin the powers of local governments have occurred since 1980as the result of advisory opinions, issued by the attorney generaland state comptroller, broadening the powers of local governments.Nevertheless, the legislature retains the authority to enactgeneral laws imposing mandates and restraints upon local governments.Such mandates and restraints are responsible for New York beingranked thirty-fifth in terms of discretionary authority grantedto local governments.
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