The Dissolution Process

The Village is initiating a thorough study of dissolution and the preparation of a Proposed Dissolution Plan that will provide Village residents with the information that will assist in their decision making process prior to any potential referendum on dissolution. The Plan will provide an evaluation of proposed post dissolution conditions. This will include a review of the impact of dissolution on governance and representation; services to be delivered; how services will be delivered; potential operational cost savings; and potential savings for Village property taxpayers. Throughout this process, residents will have the opportunity to provide input and ask questions – both through this website and during public information meetings.

Once a DRAFT Proposed Plan is developed, the statutory process of dissolution, when initiated by the governing body, begins with a resolution endorsing a proposed dissolution plan [§773(2)]. Click HERE to view a list of the required components of a proposed dissolution plan.

After the Proposed Dissolution Plan is endorsed by the local governing board, the following procedures apply to board-initiated dissolution:
 
No later than 5 business days after the resolution is adopted:
  1. The proposed dissolution plan must be displayed and made readily available in a public place within the entity, along with a summary of the plan [§775(1)].
  2. The proposed dissolution plan and summary must also be posted on a website maintained by the entity, or by the village, town or county in which the entity is located [§775(2)].
  3. The governing body must arrange for publication of the summary of the proposed dissolution plan in a newspaper of general circulation within the entity at least once each week for four successive weeks [§775(3)].
  4. Where the dissolution of a village is proposed, the governing body of the village must cause the proposed dissolution plan to be mailed to the supervisor of the town or towns in which the village is located [§775(4)].
As part of the dissolution plan, the governing body must set a time and place for one or more public hearings on the proposed plan. The hearing or hearings must be held 35 to 90 days after adoption of the resolution endorsing the proposed plan [§776(1)]. The governing body must give notice of each public hearing in a newspaper of general circulation within the entity, and on the website identified above, at least 10 days but not more than 20 days before the date of the hearing [§776(2)].
 
Once the final hearing on the proposed dissolution plan is closed:
  • The governing body may decline to proceed further with dissolution proceedings [§776(3)].
  • The governing body may amend the proposed dissolution plan. No later than 5 business days after the plan is amended, a summary and copy of the proposed plan must be displayed and made readily available in a public place within the entity and posted on a website maintained by the entity, or by the village, town or county in which the entity is located [§776(3), (4)].

Approval of the final dissolution plan must occur within 180 days from the close of the last public hearing on the proposed plan [§776(3)].

  • If the plan is for the dissolution of a special district, the plan will take effect without referendum on the date specified in the proposed dissolution plan [§778)].
  • If the plan calls for the dissolution of a village, than at the same time the governing body of the village approves the final dissolution plan, it must enact a resolution calling for a referendum. The resolution must establish a date for a referendum, name the village to be dissolved, and contain other matters addressed in the law[§777(1), (2)].
  • The referendum must be held at least 60 but no more than 90 days after the enactment of the resolution calling for the referendum [§780(1).

Notice of the referendum must be published in a newspaper of general circulation within the entity to be consolidated at least once each week for four successive weeks prior to the referendum [§780(2)].

If the referendum to dissolve fails, the dissolution process may not be initiated again for the same purpose for at least four years from the date of the referendum [§781(4)].

If the referendum to dissolve passes, the dissolution will become effective on the date specified in the dissolution plan [§778].

New York Board Initiated Dissolution Process

Updated March 29, 2022