[1]
Editor's Note: Former § C23-1, Records to be available
to the public; exceptions, was repealed 11-17-2009 by L.L. No. 39-2009.
The compensation of any elective officer or officer appointed
for a fixed term shall not be diminished during the term for which
he was elected or appointed.
[Amended 4-29-2008 by L.L. No. 11-2008; 9-16-2010 by L.L. No.
54-2010]
A.
Any appointed member of any board or commission who shall be absent
from four consecutive regular meetings of such board or commission,
unless excused by resolution thereof, shall be deemed to have vacated
his office. Vacancies occurring in such office otherwise than by the
expiration of the term shall be filled for the unexpired balance of
the term.
B.
Any appointee to any board or commission who vacates his or her position
with the intention of no longer serving on the board or commission
shall notify, in writing, the chairperson of the board or commission
of his or her resignation. The chairperson shall file a copy of the
resignation with the Clerk of the Legislature within 10 days of his
or her receipt of same.
C.
When a vacancy occurs for any reason on a board, commission, or agency,
whose appointments are made by the Suffolk County Legislature or whose
appointments are subject to legislative approval, including the Suffolk
County Water Authority, the Suffolk County Industrial Development
Agency, and the Suffolk Regional Off-Track Betting Corporation, the
chairperson of the board, commission, or agency shall notify the Clerk
of the Suffolk County Legislature of said vacancy, in writing, within
10 days of such vacancy occurring. The Clerk shall notify each member
of the Legislature of the vacancy within 10 days of his or her receipt
of the notice.
D.
When the County Executive or an individual County Legislator appoints
a person to serve on a board, commission, advisory board or task force
that is authorized under state law or by local law or resolution,
the appointing authority shall simultaneously file a written notice
with the Clerk of the Suffolk County Legislature setting forth the
name, address and term of the appointee. Such appointment shall not
be valid until such notification is received by the Clerk of the Suffolk
County Legislature.
E.
When any County official selects a person to serve as his/her designee
on a board, commission, advisory board or task force that is authorized
under state law or by local law or resolution, the official shall
simultaneously file a written notice with the Clerk of the Suffolk
County Legislature setting forth the name and address of the designee.
Such designation shall not be valid until such notification is received
by the Clerk of the Suffolk County Legislature.
[Amended 10-28-1963 by L.L. No. 5-1963; 9-15-2011 by L.L. No. 48-2011; 6-17-2014 by L.L. No. 32-2014]
The County Executive, the Comptroller, the County Attorney,
the Medical Examiner and such other department heads as may be authorized
to do so by the County Legislature may, by writing filed and recorded
in the office of the County Clerk, authorize any officer or employee
of their respective offices or departments to perform such powers
or duties of such officer as shall be designated in such writing without
additional compensation. Any such authorization may be revoked at
any time by filing a written revocation in the office of the County
Clerk.
Except as provided in this Charter or otherwise by law:
A.
No officer of the County government shall have or receive to his
own use any fees, perquisites or commissions or any percentage; and
all fees, percentages and commissions received by any such officer
shall be the property of the County.
B.
All sums received or collected by any department, institution, office
or agency of the County, including sums received as above, shall be
paid without deduction to the County Comptroller at such times and
under such conditions as he may prescribe, but in no instance less
frequently than once a month; and a detailed report, certified to
be correct by the head of such department, institution, office or
agency, shall be made in such form as the Comptroller shall prescribe,
stating when and from whom and for what use such moneys were received.
A person who willfully certifies to a false statement in such a report
shall be guilty of a misdemeanor. No officer or employee of the County
shall be entitled to receive any salary so long as there remains in
his possession any money belonging to the County other than cash-drawer
balances authorized by the Comptroller.
[Amended 6-17-2014 by L.L. No. 32-2014]
[Amended 6-17-2014 by L.L. No. 32-2014]
The County Legislature, the County Executive, the County Comptroller,
the County Attorney, the County Civil Service Commission and the County
Medical Examiner, and their duly authorized deputies, shall have the
power to administer oaths and affirmations and to compel the attendance
of witnesses and the production of books and papers, only as the same
may be pertinent to the performance of the duties of their respective
offices; and any person disobeying a valid subpoena thereof, or who
willfully refuses to make oath or affirmation when requested to do
so thereby, shall be guilty of a misdemeanor and shall be punished
by a fine of not more than $500 or imprisonment for not more than
three months, or by both such fine and imprisonment.
All books, records, papers and accounts of any office, officer
or board abolished by this Charter shall be transferred at the direction
of the County Executive to the appropriate office, officer or board
as provided in this Charter.
Unless the same have been abolished under this Charter, officers,
boards and commissions existing at the time this Charter becomes effective
are continued, and the members thereof shall continue to hold office
until the terms for which they shall have been appointed expire. The
performance of functions by a department, office or agency to which
they are assigned pursuant to the provisions of this Charter shall
be deemed and held to constitute a continuation thereof for the purpose
of succession to all rights, powers, duties and obligations attached
to such functions at the time of such assignment.
A.
Any appointed officer may be removed by the County Legislature or if appointed by the County Executive may also be removed by the County Executive with the approval of the County Legislature, in either case, however, subject to the provisions of Subsection B of this section.
B.
No officer appointed for a fixed term shall be removed during his
term without written charges and an opportunity to be heard by the
County Legislature.
Whenever in this Charter a question is to be submitted to referendum
of the electors of the County by petition, such petition shall be
verified or authenticated in the manner provided in the Election Law
with respect to designating petitions. All papers severally containing
such requests and signed and so verified or authenticated, when bound
together and offered for filing, shall constitute one petition.
[Amended 8-11-1970 by L.L. No. 23-1970[1]]
Suffolk County, upon adoption of this Act, as hereinafter provided,
shall be and remain a municipal corporation under its then name. It
shall have and exercise all the rights, privileges, functions and
powers conferred upon it and shall be subject to all the duties and
obligations imposed upon it by existing or subsequent laws not inconsistent
with the provisions of this Act, including all that may be necessarily
incident to, or may be fairly implied from, the powers specifically
conferred upon such corporation.
[1]
Editor's Note: This local law was approved at referendum 11-3-1970.
[Amended 8-11-1970 by L.L. No. 23-1970]
This Act provides a County Charter for the government of Suffolk
County, in accordance with the provisions of Article IX of the Constitution
of the state, and shall be known and may be cited as the "Suffolk
County Charter." This Act shall relate solely and specifically to
Suffolk County.
[Amended 8-11-1970 by L.L. No. 23-1970]
All special laws relating to Suffolk County and all general
laws of the state shall continue in full force and effect, except
to the extent that such laws have been amended, modified or superseded
in their application to Suffolk County by enactment and adoption of
this Charter.
[Amended 8-11-1970 by L.L. No. 23-1970]
All local laws heretofore adopted by Suffolk County and all
laws of the state relating to the towns, villages or districts therein
shall continue in full force and effect, except to the extent that
such laws have been repealed, amended, modified or superseded in their
application in Suffolk County by enactment and adoption of this Charter.
[Amended 8-11-1970 by L.L. No. 23-1970]
No provision of this Charter shall be construed to curtail,
limit or diminish in any respect the powers and duties of the Governor
or Comptroller of the state relating to the affairs and government
of Suffolk County or any officer or employee thereof.
[Added 10-22-1985 by L.L. No. 33-1985]
There shall be an administrative code, to be known as the "Suffolk
County Administrative Code," which shall detail the administration
of County government. Such Administrative Code shall consist of such
special or local laws and resolutions as the County Legislature shall
provide, and any and all rules and regulations promulgated by any
board, commission or officer of the County pursuant to any general
law. The County Legislature shall prescribe the style of codification
into which such special or local laws or resolutions or rules and
regulations shall be formed. This codification of rules and regulations
shall not impair the power of any board, commission or officer of
the County to add to, modify, revoke or amend the same in this Administrative
Code.
[Added 10-14-2008 by L.L. No. 43-2008]
Any commissioner or department head appointed by the County Executive to a fixed term of office pursuant to any provision of state or local law, whose appointment is subject to legislative approval, may hold-over and continue to discharge the duties of his or her office after the expiration of his or her term in accordance with § 5 of the New York Public Officers Law. If the commissioner or department head serving in a hold-over capacity is not approved for a new term by a duly enacted resolution of the County of Suffolk within 180 days of the expiration of his or her term of office, the County Executive shall immediately nominate and appoint a successor and seek to introduce a resolution to approve said appointment in accordance with the provisions of § C2-11 of the Suffolk County Charter.
[Added 5-10-2011 by L.L. No. 25-2011]
Any County department, office or agency subject to oversight
and/or regulation by a federal or state agency shall file with the
Clerk of the County Legislature any final audit, report, inspection
finding or determination generated by such federal or state agency
within 30 days of its receipt of said audit, report, inspection finding
or determination. The Clerk of the County Legislature shall provide
an electronic copy of all final audits, reports, inspection findings
and determinations to each County Legislator.
