Opn. No.

Frank L. Bybel, Esq. City Attorney City of Lackawanna City Hall 714 Ridge Road, Rm. 313 Lackawanna, N Y 14218

Dear Mr. Bybel:

You have asked whether an amendment to the City Charter requiring the vote of four of the five City Council members to adopt a local law is consistent with State law.

In our view, the Charter provision is inconsistent with the procedure for adoption of local laws as set forth in the Municipal Home Rule Law and, therefore, is invalid. City charters may be adopted or revised by local law. Municipal Home Rule Law § 10(1)(ii)(c) and Article 4. However, while local laws may…