The legislative branch of the government of
the County shall consist of an elective governing body which shall
be known as the County Legislature. Its members shall be known as
County Legislators, and shall be elected one from each of the districts
into which the County shall be divided, as set forth in § C2-12
of this Charter. The County Legislature shall constitute the legislative,
appropriating, policy-determining and governing body of the County.
[Amended 9-5-1979 by L.L. No. 3-1979[1]]
A.
Term. The term of office of the members of the County Legislature shall begin on the first day of January next following their election. All Legislators shall be elected for a term of two years at the general election to be held in the year 1979. Subject to the conditions set forth in Subsection A(3) below, commencing with the general election to be held in the year 1981, County Legislators shall be elected to staggered terms of two and four years, over a ten-year cycle, in accordance with the following plan:
(1)
The 29 County legislative districts shall be divided
into two groups: Group One to consist of 15 legislative districts;
and Group Two to consist of 14 legislative districts. The determination
of which legislative districts shall be included in each of said groups
shall be made by lot, the drawing for which shall be conducted by
the County Election Commissioners in a manner to be determined by
said Election Commissioners.
(2)
The terms of office of Legislators elected from the
two groups of legislative districts shall be as follows:
(a)
Group One. The County Legislators elected from
County legislative districts included in Group One shall be elected
for terms of four years at the general election to be held in the
year 1981, for terms of four years at the general election to be held
in the year 1985 and for terms of two years at the general election
to be held in the year 1989.
(b)
Group Two. County Legislators elected from County
legislative districts included in Group Two shall be elected for terms
of two years at the general election to be held in the year 1981,
for terms of four years at the general election to be held in the
year 1983 and for terms of four years at the general election to be
held in the year 1987.
(3)
The plan set forth in Subsection A(1) and (2) above shall take effect only if all of the following conditions have been fulfilled, complied with or in effect:
(a)
That the County Legislature has adopted a local
law setting forth revised County legislative district boundaries,
based upon the federal census to be held in the year 1980.
(b)
That said local law setting forth revised County legislative district boundaries either has been approved by referendum, as set forth in Article II of this Charter, or that the time for filing petitions for such referendum has expired.
(c)
That the implementation of said local law setting
forth revised County legislative district boundaries has not been
enjoined, nor has said local law been finally declared unconstitutional
by a court of competent jurisdiction.
(5)
In the event that all of the conditions set forth in Subsection A(3) above have not been fulfilled, complied with or in effect as required, the plan set forth in Subsection A(1) and (2) shall not become effective. In such event, the term of office of all members of the County Legislature shall continue to be two years.
(6)
In the event of any federal census, other than a general
decennial census, which results in revised County legislative district
boundaries, all County Legislators shall be elected for terms of two
years, commencing with the next general election to be held in an
odd-numbered year, and continuing thereafter.
B.
Term. Notwithstanding the provisions contained in Subsections A and C, the term of office of the members of the County Legislature shall begin on the first day of January next following their election. All Legislators shall be elected for a term of three years at the general election to be held in the year 1992. Subject to the conditions set forth in § C2-2A(3), commencing with the general election to be held in the year 1995, County Legislators shall be elected to staggered terms of two and four years, over a six-year cycle, in accordance with the following plan:
[Added 3-11-1992 by L.L. No. 2-1992,
approved 3-12-1992 [2] ]
(1)
The 29 County legislative districts shall be divided
into two groups: Group One to consist of 15 legislative districts,
and Group Two to consist of 14 legislative districts. The determination
of which legislative districts shall be included in each of said groups
shall be made by lot, the drawing for which shall be conducted by
the County Election Commissioners in a manner to be determined by
said Election Commissioners.
(2)
The terms of office of legislators elected from the
two groups of legislative districts shall be as follows:
(a)
Group one. The County Legislators elected from
County legislative districts included in Group One shall be elected
for a term of four years at the general election to be held in the
year 1995, and for a term of two years at the general election to
be held in the year 1999.
(b)
Group two. County Legislators elected from County
legislative districts included in Group Two shall be elected for a
term of two years at the general election to be held in the year 1995,
and for a term of four years at the general election to be held in
the year 1997.
(c)
The term of office for all members of the County Legislature set forth in this § C2-2B shall terminate on the 31st day of December in the year 2001, and thereafter the term of office for all members of the County Legislature, beginning with the general election to be held in the year 2001, shall be in accordance with the plan set forth in § C2-2C.
[Amended 5-16-2001 by L.L. No. 4-2001,
approved 5-31-2001]
[2]
Editor's Note: Local Law No. 2-1992 also redesignated
former Subsection B as Subsection C.
C.
Term. The term of office of the members of the County Legislature shall begin on the first day of January next following their election. All Legislators shall be elected for a term of four years at the general election to be held in the year 2001. Subject to the conditions set forth in § C2-2A(3), commencing with the general election to be held in the year 2005, County Legislators shall be elected to staggered terms of two and four years over a six-year cycle in accordance with the following plan:
[Added 5-16-2001 by L.L. No. 4-2001,
approved 5-31-2001[3]]
(1)
The 29 County legislative districts shall be divided
into two groups: Group 1 to consist of 15 legislative districts and
Group 2 to consist of 14 legislative districts. The determination
of which legislative districts shall be included in each of said groups
shall be made by lot, the drawing for which shall be conducted by
the County Election Commissioners in a manner to be determined by
said Election Commissioners.
(2)
The terms of office of Legislators elected from the
two groups of legislative districts shall be as follows:
(a)
Group 1. The County Legislators elected from
County legislative districts included in Group 1 shall be elected
for a term of four years at the general election to be held in the
year 2005, and for a term of two years at the general election to
be held in the year 2009.
(b)
Group 2. County Legislators elected from County
legislative districts included in Group 2 shall be elected for a term
of two years at the general election to be held in the year 2005,
and for a term of four years at the general election to be held in
the year 2007.
(c)
The term of office for all members of the County Legislature set forth in this § C2-2C shall terminate on the 31st day of December in the year 2011, and thereafter, the term of office for all members of the County Legislature, beginning with the general election to be held in the year 2011, shall be in accordance with the plan set forth in § C2-2D.
[Amended 5-10-2011 by L.L. No. 7-2011]
D.
Term. Effective
as of January 1, 2023, all Legislators shall be elected for a term
of four years at the general election to be held in calendar years
ending in three (i.e., 2023, 2033, 2043, etc.); a term of four years
at the general election to be held in calendar years ending in seven
(i.e., 2027, 2037, 2047, etc.); and for a term of two years at the
general election to be held in calendar years ending in one (i.e.,
2031, 2041, 2051, etc.). The term of office of the members of the
County Legislature shall begin on the first day of January next following
their election. The term of office for all members of the County Legislature
serving on the thirty-first day of December in the year 2023 shall
terminate at 11:59 P.M. on that day.
[Added 5-10-2011 by L.L.
No. 7-2011[4]; amended 12-8-2020 by L.L. No. 1-2021; 12-29-2022 by L.L. No. 3-2023, approved 1-5-2023]
E.
No person elected in the year 1995, or thereafter,
may serve as a County Legislator for longer than 10 consecutive years.
If a County Legislator has served 10 years during the course of any
term for which such person may have been elected, the expiration of
10 years of service during that term shall cause a vacancy; provided,
however, that if a County Legislator's first term in office occurred
as a result of an appointment or election to fill an unexpired term
caused by a vacancy, no part of such legislative service shall accumulate
against the ten-year limitation until the first day of January of
the first even-numbered year of such service. No person who has served
10 consecutive years in the County Legislature shall again be eligible
to serve as a County Legislator until two years have passed since
the end of such person's 10 years of service. The provisions of this
subsection shall not apply to County legislative service prior to
the first day of January 1996.
[Added 6-8-1993 by L.L. No. 7-1993,
approved 6-28-1993[5]]
[5]
Editor's Note: This local law passed at referendum
at the general election 11-2-1993.
[1]
Editor's Note: This local law was accepted
for filing by the state as L.L. No. 5-1979.
A.
All County Legislators shall be electors of the County,
and, except in an election year in which the County legislative districts
have been redrawn, shall have been residents continuously in the County
and in the district from which they seek election for at least 30
days preceding the first day to circulate nominating petitions for
the office of County Legislator under the election law. Upon taking
office, County Legislators shall continue to be residents of the County
and the districts which they represent for the entire term of their
office.
[Amended 6-8-1993 by L.L. No. 7-1993,
approved 6-28-1993[1] ]
[1]
Editor's Note: This local law passed at referendum
at the general election 11-2-1993.
B.
Judge of qualifications. The County Legislature shall
be in charge of the qualifications of its members and for that purpose
shall have the power to conduct hearings, subpoena witnesses, take
testimony and require the production of pertinent records. Hearings
pursuant to this section shall be convened only by vote of a majority
of the full Legislature (i.e., at least 15 affirmative votes), and
shall be held before the full Legislature. Decisions made by the County
Legislature in the exercise of powers granted by this section shall
be subject to review by the courts pursuant to Article 78 of the Civil
Practice Law and Rules of the State of New York.
A.
Selection. The President of the Legislature shall
be elected by a majority (i.e., 15 members) of the Legislature from
among its members at the organization meeting of the Legislature as
set forth in § C2-9A of this Charter, and shall serve at
the pleasure of the Legislature.
[Amended 4-10-1984 by L.L. No. 3-1984]
B.
Powers and duties. The President shall have the following
powers and duties:
(1)
To preside at meetings of the Legislature.
(2)
To represent the County at public functions.
(3)
To supervise the Clerk of the Legislature and other
legislative staff.
(4)
Except as otherwise specifically set forth in this
Charter, to appoint members of standing boards and commissions pursuant
to this Charter, subject to confirmation by the Legislature.
(5)
To appoint members of temporary study commissions,
committees, task forces or other such groups created by the Legislature,
subject to confirmation by the Legislature.
(6)
To act with the Agenda Committee to develop a work
program of major policy concerns for the Legislature, which work program
shall be presented to the Legislature for consideration on or about
its first regularly scheduled meeting of each year that a new Legislature
is seated.
[Amended 4-10-1984 by L.L. No. 4-1984,
approved 4-27-1984; 6-14-2011 by L.L. No. 6-2011]
(7)
To prepare and, upon the approval of the Legislature,
issue an annual report on the future prospects and long-range plans
of the County in January of each year.
(8)
To appoint the members based on the recommendation
of the Majority and Minority Leaders of the Legislature and Chairpersons
on the recommendation of the Majority Leader for all standing committees
of the Legislature.
[Amended 6-10-2014 by L. L. No. 2-2014]
(9)
To perform such other duties as may be prescribed
in this Charter or as may be directed by the County Legislature.
(10)
As delegated by the Legislature and set forth in § A5-6B of the Administrative Code, to authorize, enter into and execute any agreement or contract on behalf of the County, within budgetary appropriations therefor adopted by the Legislature.
[1]
Editor's Note: This local law was subject
to permissive referendum. No valid petition requesting same was filed
as of 11-16-1998.
C.
Voting rights. The President shall have and shall
cast the vote to which he or she is entitled as a member of the County
Legislature.
D.
Successor. In case of the President's death, removal, resignation or retirement from the County Legislature or his or her removal, resignation or retirement as President of the Legislature, a successor shall be elected in the same manner as the initial election for President of the Legislature. In case of the President's inability to serve due to such physical or mental incapacity as will impair the orderly and effective functioning of the Legislature, which condition shall be determined by resolution of the Legislature, a successor shall be elected in the same manner as the initial election for President of the Legislature. During the period of time between the President's death, removal, resignation, retirement or the determination of the President's incapacity and the election of a successor, the Legislature may direct, by resolution, that the Vice President shall have the power, in addition to the Vice President's powers and duties set forth in § C2-4F(2) below, to appoint and remove members or chairpersons of such standing committees of the Legislature, standing boards and commissions or temporary study commissions, committees, task forces or other groups created by the Legislature as may be set forth in said resolution.
[Amended 2-7-1984 by L.L. No. 1-1984,
approved 2-27-1984]
E.
Failure to elect President. In case of failure to
elect a President as provided in this section, the County Legislature
shall adjourn from day to day, Sundays and holidays excepted, until
a President shall be elected.
F.
Vice President.
[Amended 2-27-1984 by L.L. No. 1-1984; approved 2-27-1984]
(1)
Appointment. The President of the Legislature shall
appoint from among the members of the Legislature a Vice President
of the Legislature, who shall serve at the pleasure of the President.
(2)
Powers and duties. In case of the President's inability to serve as President, which inability to serve shall be determined by resolution of the Legislature, or upon notice by the President to the Clerk of the Legislature that he or she has directed the Vice President to act in the President's stead for a specified time, occasion or purpose, the Vice President shall have the powers and shall perform the duties of the President pursuant to this Charter, except as set forth herein. The Vice President shall not have the power or duty to prepare or issue the annual report referred to in § C2-4B(7) of this Charter. Except as set forth in § C2-4D above, the Vice President shall not have the power to appoint or remove members or chairpersons of standing committees of the Legislature, or members of standing boards and commissions or temporary study commissions, committees, task forces or other groups created by the Legislature.
(3)
Voting rights. The Vice President shall have and shall
cast the vote to which he or she is entitled as a member of the County
Legislature. The Vice President shall not have the power to cast the
vote of the President of the Legislature in the President's capacity
as a member of the Legislature. The Vice President shall have the
power to cast the vote of the President in meetings of committees
of the Legislature or other bodies created by the Legislature, except
that the Vice President shall not be entitled to cast two votes in
any such meetings, i.e., the vote of the President in addition to
the vote which the Vice President would be entitled to cast as a member
of such committee or other body.
A.
Vacancies in the County Legislature.
(1)
A vacancy in the County Legislature may occur by death,
resignation or disqualification of a member. Disqualification includes
judicially declared incompetency, conviction of a felony, completion
of 10 years of consecutive service in the County Legislature, less
than two years have elapsed since completion of 10 years of prior
consecutive service in the County Legislature, change of residency
and any other expulsion for cause authorized under the Public Officers
Law or found by the County Legislature pursuant to § C2-3B
of this Charter.
(2)
A vacancy in the County Legislature shall be filled
by appointment by the President of the County Legislature within 30
days of such vacancy. If such vacancy occurs at least three months
before the general election in any year, the appointee shall serve
for the balance of that year, and a successor shall be elected at
the general election held next after the occurrence of such vacancy
for the unexpired portion of the term for which such appointment shall
have been made or for a full term, as the case may be. If such vacancy
occurs less than three months before the general election in any year,
unless the term will expire in the year in which the vacancy occurred,
the appointee shall serve until the end of the following year, and
a successor shall be elected at the general election held in the year
next after the occurrence of such vacancy for the unexpired portion
of the term for which such appointment shall have been made or for
a full term, as the case may be. If such vacancy occurs less than
three months before the general election and the term expires in the
year in which the vacancy occurs, the appointee shall serve for the
balance of that year. If no candidate for said office has been duly
elected at the general election in the year in which such vacancy
occurs, said office shall again be deemed to be vacant as of the first
day of January of the next succeeding year.
[Amended 6-9-2020 by L.L. No. 5-2020]
(3)
Notwithstanding the foregoing, if a vacancy as a result
of the accumulation of ten years of service shall occur on the first
day of January, then such vacancy shall be filled at the general election
held in the year preceding such first day of January.
(4)
Any person appointed to fill a vacancy shall be a
member of the same political party in which the person who vacated
the office was enrolled at the time of such vacancy. If such person
was enrolled in no political party at the time of such vacancy, the
appointment made by the president of the legislature shall be confirmed
by a majority vote of the total membership of the County Legislature.
(5)
Any such successor who shall be appointed or elected
pursuant to this section shall possess all the qualifications required
of members of the County Legislature as set forth in § C2-3
of this Charter.
[1]
Editor's Note: This local law passed referendum
at the general election held on November 2, 1993.
B.
Vacancies in committees of the County Legislature.
Any vacancy in any committee of the County Legislature shall be filled
by appointment by the President of said County Legislature.
A.
Except as otherwise provided in this Charter, the
County Legislature shall have and exercise all of the powers and duties
now or hereafter generally conferred on said Legislature and on boards
of supervisors or other governing bodies of counties in the State
of New York by applicable law and all powers necessarily incidental
thereto and shall, for the purposes of general laws conferring powers
upon boards of supervisors, be deemed a "Board of Supervisors."
B.
The County Legislature shall be the legislative, appropriating,
policy-determining and governing body of the County.
[Amended 8-28-1980 by L.L. No. 5-1980]
C.
The County Legislature shall have, but shall not be
limited to, the following powers and duties:
(1)
To make appropriations, levy taxes, incur indebtedness
and adopt the annual budget and capital improvement program.
(2)
To adopt all necessary rules and regulations for its
conduct and procedure.
(3)
To exercise all powers of local legislation in relation
to enacting, amending or rescinding local laws, legalizing acts or
resolutions, subject to veto by the County Executive as set forth
in § C2-7A(3) of this Charter.
[Amended 8-28-1980 by L.L. No. 5-1980]
(4)
To adopt, amend and repeal provisions of an administrative
code and a general legislative code which shall set forth the details
of administration of the County government consistent with the provisions
of this Charter and may contain revisions, simplifications, consolidations,
codifications and restatements of special laws, local laws, resolutions,
rules and regulations consistent with this Charter or amendment thereto.
(5)
To investigate the official conduct and the accounts,
receipts, disbursements, bills and affairs of any County or town office
or officer and of any special or public district which includes any
of the territory of the County, and for these purposes obtain professional
and technical advice, appoint temporary advisory boards of citizens,
subpoena witnesses, administer oaths and require the production of
books, papers and other evidence; and in case any person fails or
refuses to obey any such subpoena, such person shall be guilty of
a misdemeanor.
(6)
To establish, upon approval of the County Executive,
the schedule of compensation for officers and employees paid from
County funds, which schedule shall provide uniform compensation for
like service.
[Amended 9-14-1983 by L.L. No. 3-1983]
(7)
To create and abolish positions in the classification, compensation plan and salary schedule established by the County Legislature, upon the recommendation of the County Executive; and to delegate such power to the County Executive to such extent and in such manner as shall be set forth in § A5-5 of the Administrative Code.
(9)
To confirm appointments of the County Executive to the positions of Director of Public Safety, Director of Public Health, Director of Parks, Executive Health Director of Monroe Community Hospital, Director of Transportation, Director of Aviation, Director of Office of Public Integrity, Director of Office for Veterans' Services, Director of Diversity, Equity and Inclusion - Chief Diversity Officer, and Director of Human and Health Services in accordance with the procedures set forth in § A4-3 of the Administrative Code.
[Amended 3-22-1988 by L.L. No. 1-1988,
approved 4-22-1988; 6-28-1988 by L.L. No. 4-1988, approved 7-21-1988; 6-9-1992 by L.L. No. 5-1992, approved 7-2-1992[2]; 9-10-1996 by L.L. No. 4-1996, approved 9-30-1996; 12-10-1996 by L.L. No.
13-1996, approved 9-30-1996; 11-12-2002 by L.L. No. 4-2003, approved 12-3-2002; 1-14-2003 by L.L. No. 6-2003, approved 1-30-2003[3]; 3-8-2016 by L.L. No. 2-2016; 10-13-2020 by L.L. No. 6-2020]
[2]
Editor's Note: Local Law No. 5-1992 provided for the reorganization and renaming of a number of County departments. See §§ C5-2 and C6-19 through C6-22. It also provided that all of the sections of this Charter and the Administrative Code affected by such changes are also amended for the purpose of incorporating such changes. Titles of departments in the Charter and Administrative Code will be updated in the course of normal supplementation.
[3]
Editor's Note: Section 3 of this local law
was subject to permissive referendum. No valid petition requesting
same was filed as of 3-31-2003.
(10)
To legalize and validate any act taken in connection
with a lawful municipal purpose or for a lawful municipal object or
purpose by the governing board or other local body, officer or agency
of a municipality wholly within the County, in the manner provided
by § 227 of the County Law.
(11)
To provide for an independent audit, within one month
after the close of each fiscal year, of all accounts of the County
government by qualified public accountants, who shall be selected
by such County Legislature and who shall have no personal interest,
directly or indirectly, in the financial affairs of the County or
any of its offices. The results of such audit shall be published immediately
upon its completion.
(12)
To initiate and adopt the Comprehensive Development
Plan.
(13)
To authorize and enter into agreements and contracts on behalf of the County; and to delegate such power to the County Executive to such extent and in such manner as shall be set forth in § A5-6A of the Administrative Code; and to delegate such power to the President of the Legislature to such extent and in such manner as shall be set forth in § A5-6B of the Administrative Code.
[4]
Editor's Note: This local law was subject
to permissive referendum. No valid petition requesting same was filed
as of 11-16-1998.
(14)
To determine and make provision for any matter of
County government not otherwise provided for herein.
A.
Legislative acts. The County Legislature shall act
by local law or resolution.
[Amended 8-28-1980 by L.L. No. 5-1980; 6-19-1984 by L.L. No.
5-1984, approved 7-10-1984]
(1)
Local laws. Local laws shall be adopted pursuant to the Municipal Home Rule Law of the State of New York, and as set forth in § A4-5 of the Administrative Code.
(2)
Resolutions. The adoption of a resolution shall require
the affirmative vote of at least a majority of the total membership
of the County Legislature, except as may be otherwise provided for
by this Charter or other law.
(3)
Veto.
(a)
Except as otherwise provided in this Charter,
the County Executive shall have the power, within 10 days after its
passage, to veto any resolution passed by the County Legislature,
except a resolution which relates solely to the internal organization
and operation of the County Legislature. A copy of such resolution
shall, immediately after its passage, be separately certified by the
Clerk of the County Legislature and presented by the Clerk to the
County Executive within five days after its passage. If the County
Executive approves it, he or she shall sign it and return it to such
Clerk, and it shall be deemed to have been adopted. If he or she vetoes
it, it shall be returned to such Clerk with the objections stated,
in writing, and the Clerk shall present the same with such objections
to the County Legislature at its next regular or special meeting,
and such objections shall be entered in its journal. The County Legislature,
within 45 days after its return to the Clerk, may, by a three-fifths
vote of the whole number of its members, override such veto; provided,
however, that a three-fourths vote of the whole number of its members
shall be required to override a veto by the County Executive of any
resolution which, pursuant to this Charter or other law, requires
a two-thirds-majority vote by the County Legislature for its initial
adoption. Only one vote shall be had to override such veto, which
shall be taken by roll call and entered in the journal. If, within
10 days after its passage, the County Executive shall not return any
such resolution either approved or vetoed to the Clerk, it shall be
deemed to have been adopted with like effect as if it had been approved
and signed.
(b)
Resolutions passed by the County Legislature concerning the following matters shall be deemed to relate solely to the internal organization and operation of the County Legislature, as that phrase is used in Subsection A(3)(a) above, and, therefore, shall not be subject to veto by the County Executive:
[Added 9-10-1986 by L.L. No. 2-1986,
approved 9-25-1986]
[1]
The creation, operation and abolition of standing and special committees of the Legislature, standing boards and commissions created pursuant to this Charter and temporary study commissions, committees, task forces or other such groups created by the Legislature; the funding of such bodies; and the appointment of members thereto; except that this Subsection A(3)(b)[1] shall not be deemed to supersede, repeal, modify or conflict with any section of this Charter or Administrative Code or any other action of the County Legislature that grants the authority to the County Executive to appoint members to any such bodies or requires or authorizes the approval of the County Executive for any such appointment.
[2]
Appointments to boards, commissions or other such bodies by the President of the Legislature or the Legislature, where the legislation creating such bodies authorizes the appointment of members thereto by the President of the Legislature or the Legislature; except that this Subsection A(3)(b)[2] shall not be deemed to supersede, repeal or otherwise dispense with the approval of any such appointments by the County Executive, if such approval is required or authorized by the legislation creating such bodies.
[3]
The day-to-day operations of the County Legislature
and the appropriation or allocation of funds contained in the Legislature's
budget.
[4]
The organization of the legislative staff, including,
notwithstanding the provisions of §§ C2-6A(6) and (7)
and C3-2A(19) of this Charter, the creation and abolition of positions
therein and the compensation to be paid for such positions; and the
appointment and removal of such legislative staff.
[5]
The adoption, amendment or repeal of rules of
the Legislature, pursuant to § C2-9F of this Charter.
(c)
The County Executive shall have the power to
approve any local law passed by the County Legislature, in accordance
with the provisions of § 21 of the Municipal Home Rule Law
of the State of New York.
B.
Publication; judicial notice. The filing and publication
of local laws shall be as provided by § 27 of the Municipal
Home Rule Law of the State of New York; and the courts shall take
judicial notice of all local laws and of rules and regulations adopted
pursuant thereto. Within 10 days after the adoption of a local law
by the County Legislature, the Clerk of the County Legislature shall
cause a copy or an abstract of the local law to be published in at
least one of the official newspapers of the County. In the event that
the proceedings of the County Legislature are published in a daily
newspaper having a general circulation throughout the County, publication
of the local law as part of such proceedings shall constitute compliance
with this section.
[Amended 11-15-1983 by L.L. No. 6-1983[1]]
[1]
Editor's Note: This local law was accepted
for filing by the state as L.L. No. 5-1983.
[Amended 8-28-1980 by L.L. No. 5-1980; 6-10-2014 by L. L. No. 2-2014]
A.
Legislative action; components. The County Legislature
shall adopt and make provision for the publication, and provision
on the Monroe County website, of a County Code consisting of:
(1)
The Monroe County Charter and a schedule of all special
acts of the Legislature of the State of New York pertaining to the
County.
(2)
The Administrative Code, containing details of administrative
organization and procedures and procedural and interpretative details
related to the Charter.
(3)
The General Legislative Code containing all other
County resolutions and local laws having a continuing effect.
B.
Code supplement. Within appropriations made available
therefor, the County Executive shall be responsible for the printing
and distribution of periodic supplements to the County Code, which
supplements shall contain, in loose-leaf form, all amendments and
additions for the preceding period. Updates shall also be made online.
[Amended 9-14-1983 by L.L. No. 3-1983]
A.
Organization meeting. On the first day of January
of each year following the general election at which all County Legislators
or those County Legislators from either Group One or Group Two as
provided in § C2-2 of this Charter are elected, or as soon
thereafter as practicable, the County Legislature shall meet and organize
by electing a President and such other legislative officials as required.
[Amended 3-16-1993 by L.L. No. 1-1993,
approved 4-8-1993]
B.
Regular legislative meetings; regular committee meetings;
notice to members; public notice.
(1)
The County Legislature shall fix the dates, times
and places of its regular meetings, which shall be held at least once
a month except during July and August.
(2)
Committees of the Legislature shall fix the dates,
times and places of their regular meetings.
(3)
If the date, time or place of a regular meeting of
the Legislature or of any of its committees is changed, the Clerk
of the Legislature shall cause a written, oral, telephonic, or e-mail
notice to be given to each member personally or, if written, to be
delivered at a member's place of residence at least 24 hours before
the time fixed for such meeting.
[Amended 6-10-2014 by L. L. No. 2-2014]
(4)
Public notice, as specified in the Administrative
Code, shall be given prior to all regular meetings and regular committee
meetings of the Legislature.
C.
Special meetings of the Legislature; notice to members;
business limited.
(1)
Special meetings of the Legislature shall be called
by the Clerk of the Legislature at the direction of the President
of the Legislature or at the written direction of a majority of all
Legislators (i.e., 15).
(2)
Notice of such special meeting of the Legislature,
specifying the subject of the meeting, shall be given by the Clerk
of the Legislature by causing a written, oral, telephonic, or e-mail
notice to be given to each member personally or, if written, to be
delivered at a member's place of residence as quickly as practicable
after the calling of the meeting, but prior to the time fixed for
such meeting.
[Amended 6-10-2014 by L. L. No. 2-2014]
(3)
No business other than that named in the notice of
the meeting shall be transacted at such special meeting of the Legislature.
D.
Special meetings of committees of the Legislature;
emergency committee meetings; notice to members; business limited.
(1)
Special meetings of a committee of the Legislature may be called at any time by the Chairperson of the committee. Notice of such special committee meeting, specifying the subject of the meeting, shall be given by the Clerk of the Legislature, in the manner set forth in Subsection B(3) above, to each member at least 24 hours before the time fixed for such meeting.
(2)
Under emergency circumstances, special meetings of
a committee of the Legislature may be called by the Chairperson of
the committee with the approval of the President of the Legislature.
Notice of such emergency special committee meeting, specifying the
subject of the meeting, shall be given by the Clerk of the Legislature
by causing a written, oral, telephonic, or e-mail notice to be given
to each member personally or, if written, to be delivered at a member's
place of residence as quickly as practicable after the calling of
the meeting, but prior to the time fixed for such meeting.
[Amended 6-10-2014 by L. L. No. 2-2014]
(3)
No business other than that named in the notice of
the meeting shall be transacted at such special committee meeting
or emergency special committee meeting.
E.
Open meetings. All meetings of the Legislature and
committees of the Legislature shall be open to the public, subject
to the rules of the Legislature and any applicable laws of the State
of New York.
F.
Rules of proceedings. Except as otherwise provided
in this Charter, the County Legislature may determine the rules of
its own proceedings, provided that such rules be approved by resolution
and copies of such rules be made available to the public. Such rules
may include, but are not limited to:
(1)
Rules governing the conduct of its members.
(2)
Rules governing its sessions and the manner of transacting
business.
(3)
Rules establishing standing committees.
(4)
Rules fixing and prescribing penalties for failure
of its members to attend the meetings of the County Legislature or
of any committee thereof and the manner of enforcing the same.
(5)
Rules fixing the time when and the form in which reports
shall be made to the County Legislature by any officer or employee
of the County.
G.
Publication of proceedings. The County Legislature
may, in its discretion, publish its proceedings or a synopsis thereof
in a daily paper having a general circulation throughout the County.
H.
Committees; agenda committee. The President shall
appoint members of the County Legislature to serve on such standing
legislative committees as shall be provided herein or by the rules
of the County Legislature. There shall be an Agenda Committee which
shall be responsible for developing a work program of major policy
concerns. It is the intention of this provision that other committees
established by the County Legislature have jurisdictions which are
broadly defined in relation to the main functional activities of the
County, such as finance, human services, public safety services, physical
services, planning and intergovernmental affairs. Further, it is intended
that such committees use the work program developed by the Agenda
Committee and utilize legislative staff to focus on fundamental policy
issues. The appointment of chairpersons of such committees shall be
based on interest, expertise and previous experience.
[Amended 4-10-1984 by L.L. No. 4-1984,
approved 4-27-1984; 6-14-2011 by L.L. No. 6-2011]
A.
Selection; supervision. The Clerk of the Legislature
shall be appointed by the Legislature. The Clerk may be removed and
his or her successor appointed at the pleasure of the Legislature.
The Clerk shall be under the supervision and direction of the President.
B.
Powers and duties. The Clerk shall have the following
powers and duties:
(1)
To attend all meetings of the County Legislature and
its committees and to prepare complete minutes of each such meeting
as directed by the Legislature.
(2)
At the close of each year, to have the proceedings
of all meetings of the County Legislature held during that year printed,
indexed and bound in adequate number, and also copied in an electronic
format.
[Amended 6-10-2014 by L. L. No. 2-2014]
(3)
To prepare and present official notices as may be
directed by the County Legislature or the President of the County
Legislature.
(4)
To have custody of the seal of the County Legislature.
(5)
To keep a current list of County boards and commissions.
(6)
To perform such other duties as may be prescribed
in this Charter or in the Administrative Code or as may be directed
by the County Legislature or its President.
C.
Staff. The County Legislature shall make provision
for the employment of such legislative staff as may be needed in the
discharge of its duties; such staff shall be appointed by the Legislature.
Services provided by such staff shall be available to all Legislators
on a uniform and equitable basis. Such staff may include independent
legal counsel or persons with expertise in research, policy analysis,
budget analysis, planning and other matters relating to the legislative
duties of the County Legislature. Such staff may be retained by direct
employment, contract or other arrangement.
[Amended 8-28-1980 by L.L. No. 5-1980]
[Amended 9-14-1983 by L.L. No. 3-1983]
A.
Compensation.
(1)
The County Legislature shall have the power to fix
the compensation of its members, and the compensation of the President,
Vice President, Majority and Minority Leaders, Assistant Majority
and Minority Leaders, and committee Chairpersons and Vice Chairpersons
of the Legislature, which compensation shall be stated annual salaries;
all of said salaries to be paid by the Director of Finance of the
County in like manner as other County salaries are paid. The salary
of each County Legislature Legislator and the salaries of the President,
Vice President, Majority and Minority Leaders, Assistant Majority
and Minority Leaders, and committee Chairpersons and Vice Chairpersons,
Legislature Clerk, County Executive, Sheriff and County Clerk shall
not exceed the salaries as specified in the notice of the public hearing
on the proposed budget prepared for such fiscal year, unless recommended
by the Compensation Policy Commission. Such public notice shall include
a specified listing of any proposed changes from the previous years’
adopted salary levels for all of the above noted positions.
[Amended 2-7-1984 by L.L. No. 1-1984,
approved 2-27-1984; 6-10-2014 by L. L. No. 2-2014]
(2)
Effective date of compensation increases. No act of
the County Legislature, increasing the compensation for the services
of each County Legislator and the salaries of the President, Vice
President, Majority and Minority Leaders, Assistant Majority and Minority
Leaders and committee Chairpersons, shall take effect until a regular
election of County Legislators shall have intervened. The intervention
of any regular election of Legislators shall be sufficient for any
compensation increase to take effect for the whole body of Legislators.
[Added 6-8-1993 by L.L. No. 8-1993,
approved 6-28-1993[1] ]
[1]
Editor's Note: This local law passed referendum
at the general election held on November 2, 1993.
B.
Expenses of Legislators. Expenses actually incurred
by any County Legislature under the authority or direction of the
County Legislature, outside the limits of the County of Monroe, may
be allowed and paid in like manner as other County charges; but no
claims for expenses shall be audited or allowed which are not fully
itemized and verified by the affidavit of the claimant in the manner
prescribed by law.
C.
Compensation of employees of the Legislature. The
Clerk, Deputy Clerks and other employees of the County Legislature
shall each receive a stated annual salary to be fixed by the County
Legislature and to be paid in the same manner as other County salaries
are paid. Such employees shall be eligible for the same benefits as
other County employees.
D.
Related board: Compensation Policy Commission.
(1)
There shall be a Compensation Policy Commission whose
purpose shall be to make recommendations to the County Legislature
as to the amount of compensation to be paid to County Legislators,
the President of the Legislature, the Vice President of the Legislature,
Majority and Minority Leaders of the Legislature, Assistant Majority
and Minority Leaders of the Legislature, Legislature Committee Chairpersons
and Vice Chairpersons, the Clerk of the Legislature, the County Executive,
the District Attorney, the Sheriff and the County Clerk. The Commission
shall consist of seven members, comprised of the following: four members
to be appointed from six candidates nominated by the majority party
of the Legislature, and three members to be appointed from five candidates
nominated by the minority party of the Legislature. Members shall
be appointed by the President of the Legislature, and shall serve
for two-year terms commencing as of the first day of January following
each general election at which members of the County Legislature are
elected. The Commission shall elect one of its members to serve as
Chairperson to serve during its current term of office. Vacancies
on the Commission shall be filled within 30 days, in the same manner
as original appointments, for the remainder of the unexpired term.
Members of the Commission shall receive no compensation for their
services as members thereof, but may be reimbursed for reasonable
and necessary expenses incurred in the performance of their duties
within appropriations made available therefor.
[Amended 2-7-1984 by L.L. No. 1-1984,
approved 2-27-1984]
(2)
Upon request by resolution of the County Legislature,
the Commission shall convene to compile and review information, deliberate,
report and make recommendations to the County Legislature with regard
to the compensation to be paid to the County officials designated
above. The Legislature shall make available such information and resources
as shall be necessary for the Commission to undertake and accomplish
its purpose. The Commission shall submit its report and recommendations,
in writing, to the Legislature, with a copy to the County Executive,
no later than the first day of July preceding the County fiscal year
in which such recommendations are proposed to become effective.
(3)
The Commission shall not make recommendations concerning
the compensation to be paid to the County Executive, the District
Attorney, the Sheriff or the County Clerk if, by law or judicial determination,
the County Legislature does not have the power to fix the compensation
to be paid to said officials.
(4)
No
salary of any County Legislator, Legislature President, Vice President,
Majority and Minority Leader, Assistant Majority and Minority Leader,
committee Chairperson and Vice Chairperson, Legislature Clerk, County
Executive, Sheriff and County Clerk shall increase without recommendation
by the Commission.
[Added 6-10-2014 by L.
L. No. 2-2014]
A.
Number of districts. For the purpose of electing County
Legislators, Monroe County shall be divided into 29 districts. One
County Legislator shall be elected to the County Legislature from
each of said districts.
B.
District boundaries. The description of the boundaries of the twenty-nine (29) legislative districts shall be set forth in § A4-4 of the Administrative Code. In the description of said districts, all references to towns apply to that territory wholly contained in each of the towns in the county bounded as of April 1, 2020. Said district boundaries shall be changed only be local law and in accordance with the reapportionment procedures and standards set forth in § C2-12C.
[Amended 4-28-1981 by L.L. No. 7-1981;[1] 9-14-1983 by L.L. No. 3-1983; 3-11-1992 by L.L. No.
2-1992, approved 3-12-1992; 5-16-2001 by L.L. No. 4-2001,
approved 5-31-2001; 5-10-2011 by L.L. No. 7-2011; 12-29-2022 by L.L. No. 3-2023, approved 1-5-2023]
[1]
Editor's Note: This local law was accepted
for filing by the state as L.L. No. 6-1981.
C.
Reapportionment procedures and standards.
(1)
The County Legislature shall appoint a Legislative
District Revision Commission to evaluate the existing legislative
districts for equity and representation in relation to population
within six months after the publication of the results of each regular
federal census taken in the County; or within six months after the
publication of the results of any County-wide federal or special population
census, taken pursuant to § 20 of the General Municipal
Law of the State of New York, and held not more often than once every
five years; or after any annexation which has the effect of increasing
or decreasing the population of any legislative district by more than
10%.
(2)
Such Commission shall consist of the members of the
County Board of Elections, the President of the County Legislature
and one person selected by the legislative members of each legally
constituted political party represented on the County Legislature.
(3)
The Commission shall study the population data and
within three months after appointment make recommendations, if necessary,
in the form of a proposed local law as to changes in the boundaries
of legislative districts.
(4)
In its deliberations to redesign the legislative districts, the Commission shall comply with the equal protection clauses of the Fourteenth Amendment of the United States Constitution and Article I, §§ 1 and 11, of the New York State Constitution. Further, legislative districts shall be of compact and contiguous territory to the extent possible.
(5)
Within three months after the submission of the report
of the Commission, which shall be submitted to the County Legislature
in the form of a proposed local law, the Legislature shall conduct
a public hearing on the proposed changes, if any, and shall then enact
a local law setting forth revised district boundaries, subject to
such permissive referendum as may be required pursuant to applicable
state law.
[Amended 9-14-1983 by L.L. No. 3-1983]
(6)
If such local law is defeated by referendum, or is
finally declared invalid by a court of competent jurisdiction, the
Legislative District Revision Commission shall be reactivated to study
and prepare a new proposed local law for submission to the County
Legislature at least 150 days prior to the next general election,
subject to the same procedures and requirements as provided above.
[Amended 9-14-1983 by L.L. No. 3-1983]
