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Suffolk County, NY
 
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Table of Contents
Table of Contents
Code
New Laws (2) Index
[Amended 12-27-1973 by L.L. No. 1-1974]
[Amended 9-11-1975 by L.L. No. 19-1975; 2-1-1977 by L.L. No. 3-1977; 11-25-1980 by L.L. No. 7-1981; 6-24-1986 by L.L. No. 23-1986[1]]
A. 
There shall be a Department of Law, the head of which shall be the County Attorney, who shall be appointed by the County Executive subject to the approval of the County Legislature and shall serve at the pleasure of the County Executive. The County Attorney shall be a resident of the County admitted to practice law in this state. The County Attorney shall appoint a Chief Deputy County Attorney, who shall have the same qualifications as the County Attorney and who, in the absence of the County Attorney, shall possess his powers and perform his duties, and such other deputies, assistants, officers and employees as may be authorized by the County Legislature. Within the appropriations therefor and when authorized by the County Executive, the County Attorney may employ such special counsel as may be necessary.
B. 
Within the Department of Law, there shall be Division of Insurance and Risk Management having jurisdiction and control over (i) workers’ compensation insurance and the administration of all workers’ compensation laws for all County employees; and (ii) the management of any liability claims made against the County of Suffolk, its officers, agents, employees, or covered parties, for medical malpractice, automobile, general liability, property damage, personal injury, errors and omissions, or any other item of liability.
[Added 12-4-2012 by L.L. No. 6-2013[2]]
[2]
Editor’s Note: This local law also redesignated original Subsections B through D as Subsections C through E, respectively.
C. 
Within the appropriations therefor and when authorized by the County Executive, and authorized and approved by the County Legislature, the County Attorney may employ such special counsel as may be necessary on behalf of the County of Suffolk in Shoreham-related matters which affect the County of Suffolk and/or its residents. No payment shall be made under any agreement to employ such special counsel unless such legislative authorization and approval have first been obtained. Any agreement to employ such special counsel which fails to obtain such legislative authorization and approval shall be deemed null and void ab initio.
D. 
Special counsel. In the event that the County Legislature retains special counsel on behalf of the County Legislature, then such special counsel may prosecute and/or defend any civil action and proceeding, special or otherwise, brought by or against the County of Suffolk in any forum and/or before any state, local or federal regulatory body, board, commission, court, agency, administrative body, quasi-administrative body or other duly constituted body in which such actions or proceedings are or will be pending, to the extent that such special counsel is authorized to do so by duly enacted procedural resolution of the County Legislature.
[Amended 8-16-1999 by L.L. No. 36-1999]
E. 
Compliance standards.
[Added 8-16-1999 by L.L. No. 36-1999]
(1) 
LIPA implementation. Upon the publication of a finding, and notice of such finding being filed with the Clerk, that LIPA has violated, is violating or threatens to violate any term or condition set forth in the Takeover Plan, then the County of Suffolk is hereby authorized, empowered and directed to take all such civil actions or proceedings as may be necessary on behalf of the County of Suffolk as a LIPA ratepayer, on behalf of itself and all ratepayers similarly situated, in any state or federal judicial forum, and/or before any state, local or federal regulatory body, board, commission, court, agency, administrative body, quasi-administrative body or other duly constituted body in which such actions or proceedings are or will be pending, to compel full compliance with, and to redress and remedy any actual or threatened violation of, the terms and conditions of the Takeover Plan. In the event that special counsel is required to represent the County in such actions or proceedings, any agreement to employ such special counsel shall require legislative approval. No payment shall be made under any agreement to employ such special counsel unless such legislative authorization and approval have first been obtained. Any agreement to employ such special counsel which fails to obtain such legislative authorization and approval shall be deemed null and void ab initio. The Executive or the County Legislature shall implement the provisions of this subsection by invoking the procedures set forth in Subsection B and/or C of this section. Any such action or proceeding shall be designed, constructed, pursued and prosecuted to the maximum extent permitted by law to final conclusion of the action by judicial determination of last resort, regulatory determination of last resort or judicially approved settlement (approved by the County of Suffolk), as the case may be.
(2) 
LIPA and PACB statutory compliance. Upon the publication of a finding, and notice of such finding being filed with the Clerk, that LIPA or the PACB, collectively or individually, has or may have acted in violation of or threatens to act in violation of the LIPA statute or any other law or regulation which protects or confers benefits or rights upon consumers of electrical energy or gas or upon a person who pays rates or fees to LIPA or upon persons subject to regulation by a utility regulator or provider, the County of Suffolk is hereby authorized, empowered and directed to take all such civil actions or proceedings as may be necessary on behalf of the County of Suffolk as a LIPA ratepayer, on behalf of itself and all ratepayers similarly situated, in any state or federal judicial forum, and/or before any state, local or federal regulatory body, board, commission, court, agency, administrative body, quasi-administrative body or other duly constituted body in which such actions or proceedings are or will be pending, to compel LIPA's or the PACB's full compliance with, and to redress and remedy any actual or threatened violation of, the LIPA statute or other law or regulation which protects or confers benefits or rights upon consumers of electrical energy or persons who pay rates or fees to LIPA or of persons subject to regulation by a utility regulator or provider. In the event that special counsel is required to represent the County in such actions or proceedings, any agreement to employ such special counsel shall require legislative approval. No payment shall be made under any agreement to employ such special counsel unless such legislative authorization and approval have first been obtained. Any agreement to employ such special counsel which fails to obtain such legislative authorization and approval shall be deemed null and void ab initio. The County Executive or the County Legislature shall implement the provisions of this subsection by invoking the procedures set forth in Subsection B and/or C of this section. Any such action or proceeding shall be designed, constructed, pursued and prosecuted to the maximum extent permitted by law to final conclusion of the action by judicial determination of last resort, regulatory determination of last resort or judicially approved settlement (approved by the County of Suffolk), as the case may be.
(3) 
Open competition. Upon the publication of a finding, and notice of such finding being filed with the Clerk, that LIPA has refused or failed to adopt, implement or enforce a rule or policy providing for effective competition, to the maximum extent such competition is feasible, for all electric and gas service on Long Island, or is engaging in a practice or action which is inconsistent with or adversely affects effective open competition, the County is hereby authorized, empowered and directed to take all such civil actions or proceedings as may be necessary on behalf of the County of Suffolk as a LIPA ratepayer, on behalf of itself and all ratepayers similarly situated, in any state or federal judicial forum, and/or before any state, local, or federal regulatory body, board, commission, court, agency, administrative body, quasi-administrative body or other duly constituted body in which such actions or proceedings are or will be pending, to compel LIPA to adopt, implement or enforce, as the case may be, such rule or policy or to abate or remedy the practice or action which is the subject of the finding. In the event that special counsel is required to represent the County in such actions or proceedings, any agreement to employ such special counsel shall require legislative approval. No payment shall be made under any agreement to employ such special counsel unless such legislative authorization and approval have first been obtained. Any agreement to employ such special counsel which fails to obtain such legislative authorization and approval shall be deemed null and void ab initio. The County Executive or County Legislature shall implement the provisions of this subsection by invoking the procedures set forth in Subsection B and/or C of this section. Any such action or proceeding shall be designed, constructed, pursued and prosecuted to the maximum extent permitted by law to final conclusion of the action by judicial determination of last resort, regulatory determination of last resort or judicially approved settlement (approved by the County of Suffolk), as the case may be.
(4) 
Consumer protection. Upon the publication of a finding, and notice of such finding being filed with the Clerk, that LIPA has imposed or is threatening to impose unjust, unreasonable or unlawful charges or fees, or is not providing safe and reliable service to consumers of electricity or gas, or has given, or granted, or intends to give or grant unjust, unreasonable or unlawful preferences or advantages to any consumer of electricity or gas, or has imposed or is threatening to impose any unjust, unreasonable or unlawful charge or surcharge upon a class of consumers of electricity or gas, or upon the County of Suffolk as a ratepayer, or has imposed or intends to impose a fee or charge on a class of consumers of electricity or gas for exiting the LIPA service system, the County of Suffolk is hereby authorized, empowered and directed to take all such civil actions or proceedings as may be necessary on behalf of the County of Suffolk as a LIPA ratepayer, on behalf of itself and all ratepayers similarly situated, in any state or federal judicial forum, and/or before any state, local or federal regulatory body, board, commission, court, agency, administrative body, quasi-administrative body or other duly constituted body in which such actions or proceedings are or will be pending, to enjoin, abate, remedy or redress LIPA's action which is the subject of the finding. In the event that special counsel is required to represent the County in such actions or proceedings, any agreement to employ such special counsel shall require legislative approval. No payment shall be made under any agreement to employ such special counsel unless such legislative authorization and approval have first been obtained. Any agreement to employ such special counsel which fails to obtain such legislative authorization and approval shall be deemed null and void ab initio. The County Executive or County Legislature shall implement the provisions of this subsection by invoking the procedures set forth in Subsection B and/or C of this section. Any such action or proceeding shall be designed, constructed, pursued and prosecuted to the maximum extent permitted by law to final conclusion of the action by judicial determination of last resort, regulatory determination of last resort or judicially approved settlement (approved by the County of Suffolk), as the case may be.
(5) 
PACB resolution. Upon the publication of a finding, and notice of such finding being filed with the Clerk, that LIPA has failed or refuses or threatens to refuse its full compliance with any term or condition of PACB Resolution No. 97-LI-1, or that LIPA's actual or threatened violation of PACB Resolution No. 97-LI-1 will or may result or is likely to result in increased rates to be charged to ratepayers, the County of Suffolk is hereby authorized, empowered and directed to take all such civil actions or proceedings as may be necessary on behalf of the County of Suffolk as a LIPA ratepayer, on behalf of itself and all ratepayers similarly situated, in any state or federal judicial forum, and/or before any state, local or federal regulatory body, board, commission, court, agency, administrative body, quasi-administrative body or other duly constituted body in which such actions or proceedings are or will be pending, to compel full compliance with the terms and conditions of the PACB Resolution No. 97-LI-1 and to redress or remedy any actual or threatened violation of any provision of PACB Resolution No. 97-LI-1 or any subsequent PACB resolution concerning LIPA. In the event that special counsel is required to represent the County in such actions or proceedings, any agreement to employ such special counsel shall require legislative approval. No payment shall be made under any agreement to employ such special counsel unless such legislative authorization and approval have first been obtained. Any agreement to employ such special counsel which fails to obtain such legislative authorization and approval shall be deemed null and void ab initio. The County Legislature shall implement the provisions of this subsection by invoking the procedures set forth in Subsection B and/or C of this section. Any such action or proceeding shall be designed, constructed, pursued and prosecuted to the maximum extent permitted by law to final conclusion of the action by judicial determination of last resort, regulatory determination of last resort or judicially approved settlement (approved by the County of Suffolk), as the case may be.
(6) 
Securities and public indebtedness laws. Upon the publication of a finding, and notice of such finding being filed with the Clerk, that LIPA has violated or threatens to violate any federal or state law or regulation pertaining to the authorization, issuance or sale of LIPA bonds or in connection with any other matter relating to the financing of the Takeover Plan, the County of Suffolk is hereby authorized, empowered and directed to take and/or continue, if already commenced, all such civil actions or proceedings as may be necessary on behalf of the County of Suffolk as a ratepayer, on behalf of itself and all ratepayers similarly situated, in any state or federal judicial forum, and/or before any state, local or federal regulatory body, board, commission, court, agency, administrative body, quasi-administrative body or other duly constituted body in which such actions or proceedings are or will be pending, to enjoin, abate or remedy the actual or threatened violation of such law or regulation. In the event that special counsel is required to represent the County in such actions or proceedings, any agreement to employ such special counsel shall require legislative approval. No payment shall be made under any agreement to employ such special counsel unless such legislative authorization and approval have first been obtained. Any agreement to employ such special counsel which fails to obtain such legislative authorization and approval shall be deemed null and void ab initio. The Executive or the County Legislature shall implement the provisions of this subsection by invoking the procedures set forth in Subsection B and/or C of this section. Any such action or proceeding shall be designed, constructed, pursued and prosecuted to the maximum extent permitted by law to final conclusion of the action by judicial determination of last resort, regulatory determination of last resort or judicially approved settlement (approved by the County of Suffolk), as the case may be.
(7) 
Enforce project conditions. The County is hereby authorized, empowered and directed to take and/or continue, if already commenced, all such civil actions or proceedings as may be necessary on behalf of the County of Suffolk as a ratepayer, on behalf of itself and all ratepayers similarly situated, in any state or federal judicial forum, and/or before any state, local or federal regulatory body, board, commission, court, agency, administrative body, quasi-administrative body or other duly constituted body in which such actions or proceedings are or will be pending to:
(a) 
Compel LIPA to introduce competition at the earliest date feasible and not later than the date on which such competition would provide net benefits to the County of Suffolk as a ratepayer;
(b) 
Compel LIPA to amend its contract with BUG-LILCO to ensure that NEWCO has an obligation to sell its generating assets to LIPA at book value if LIPA so requests;
(c) 
Require NEWCO to invest $1.3 billion in energy-related economic development projects on the condition that such investment does not or will not result in any competitive advantage to BUG-LILCO or any affiliate thereof, unless such funds are invested only in projects which represent the most efficient use of the funds as determined by competitive bid, the process of competitive bidding being managed by a neutral party;
(d) 
Compel LIPA to achieve the fourteen-percent rate reduction without causing or resulting in a shift of cost recovery to years after the 10th year;
(e) 
Compel LIPA to obtain an independent determination by the New York Public Service Commission, following a full evidentiary hearing that any increase in average customer rates exceeding 2 1/2% over a twelve-month period or extending or reestablishing any portion of a temporary rate increase is necessary because LIPA has incurred or will incur costs that are necessary in order for LIPA to furnish reliable service at least cost; and
(f) 
Compel LIPA to take all actions permitted under the Public Supply Agreement and Management Services Agreement that will result in minimized costs for its customers, including LIPA's actions to purchase NEWCO's generating facilities under the Public Supply Agreement and to replace BUG-LILCO under the Management Services Agreement.
In the event that special counsel is required to represent the County in such actions or proceedings, any agreement to employ such special counsel shall require legislative approval. No payment shall be made under any agreement to employ such special counsel unless such legislative authorization and approval have first been obtained. Any agreement to employ such special counsel which fails to obtain such legislative authorization and approval shall be deemed null and void ab initio. The Executive or the County Legislature shall implement the provisions of this subsection by invoking the procedures set forth in Subsection B and/or C of this section. Any such action or proceeding shall be designed, constructed, pursued and prosecuted to the maximum extent permitted by law to final conclusion of the action by judicial determination of last resort, regulatory determination of last resort or judicially approved settlement (approved by the County of Suffolk), as the case may be.
(8) 
Prevent noneconomic refinancing. Upon the publication of a finding, and notice of such finding being filed with the Clerk, that LIPA proposes to implement a plan for the accelerated retirement of a principal amount of bonds and subordinated indebtedness approximately equal to the $4.0 billion intangible asset principally attributable to the Shoreham Regulatory Asset in a noneconomic manner, as certified in writing by the Legislative Budget Review Office, the County of Suffolk is hereby authorized, empowered and directed to take and/or continue, if already commenced, all such civil actions or proceedings as may be necessary on behalf of the County of Suffolk as a ratepayer, on behalf of itself and all ratepayers similarly situated, in any state or federal judicial forum, and/or before any state, local or federal regulatory body, board, commission, court, agency, administrative body, quasi-administrative body or other duly constituted body in which such actions or proceedings are or will be pending, to enjoin, abate or set aside the implementation of such plan. In the event that special counsel is required to represent the County in such actions or proceedings, any agreement to employ such special counsel shall require legislative approval. No payment shall be made under any agreement to employ such special counsel unless such legislative authorization and approval have first been obtained. Any agreement to employ such special counsel which fails to obtain such legislative authorization and approval shall be deemed null and void ab initio. The Executive or the County Legislature shall implement the provisions of this subsection by invoking the procedures set forth in Subsection B and/or C of this section. Any such action or proceeding shall be designed, constructed, pursued and prosecuted to the maximum extent permitted by law to final conclusion of the action by judicial determination of last resort, regulatory determination of last resort or judicially approved settlement (approved by the County of Suffolk), as the case may be.
[1]
Editor's Note: This local law was adopted by the Legislature after disapproval by the County Executive.
[Amended 3-25-1980 by L.L. No. 11-1980]
The County Attorney shall be the attorney and counsel for the County and every agency and office thereof and shall have charge of all the law business of the County and its agencies. The County Attorney shall prosecute and defend all civil actions and proceedings brought by or against the County, the County Legislature and any officer whose compensation is paid from County funds for an official act, except as otherwise provided by this Charter. He shall perform such additional and related duties as may be prescribed by law and directed by the County Executive or the County Legislature. The County Attorney, upon the request of the governing body of any town, village, school district, special district or public authority operating within the County, may act as the legal adviser or representative thereof on such terms as may be agreed upon between the County Executive, the County Attorney and said governing body.
[1]
Editor's Note: Former § C16-3, Organization of Department; Division of Real Property Acquisition, added 1-17-1991 by L.L. No. 10-1991, was repealed 5-21-2002 by L.L. No. 16-2002. Former §§ C16-4, Powers and duties; Division of Real Estate, C16-5, Lease of property, and C16-6, Division of Farmland Acquisition and Management, all added 2-8-1991 by L.L. No. 13-1991, were repealed 12-15-1998 by L.L. No. 8-1999.
[Added 12-28-1992 by L.L. No. 3-1993]
The County Attorney is authorized and directed to provide legal assistance and investigatory services to the Human Rights Commission as may be requested by the Human Rights Commission and consistent with any budget appropriations specifically provided therefor.