This Charter shall become effective on and after January 1,
1994, upon approval by public referendum in the manner provided by
applicable law. An Administrative Code may be adopted and amended
by local law at any time subsequent to the approval and adoption of
this Charter.
This Charter may be amended in the manner provided by the Municipal
Home Rule Law. Any proposed amendment which would have the effect
of transferring a function or duty of the County, or of a city, town,
village, district or other unit of local government wholly contained
within the County, shall not become operative unless it is approved
by mandatory referendum as required by the Municipal Home Rule Law.
Further, any amendment which would (a) create or abolish an
elective County office, (b) change the power or method of removing
an elective County officer during her term of office, (c) abolish,
curtail or transfer to another County office or agency any power of
an elected County officer, or (d) change the form or composition of
the County Legislature shall be subject to a mandatory referendum.
The performance of functions pursuant to the provisions of this
Charter shall be deemed to constitute a continuation of such functions
for the purpose of succession to all rights, powers, duties and obligations
attached to such functions. Any proceedings or other business undertaken
or commenced prior to the effective date of this Charter may be conducted
and completed by the County officer or administrative unit responsible
for such proceedings or other business under this Charter.
This Charter shall not be deemed to invalidate any obligations
previously issued by the County or by any of its commissions, boards
or agencies, and such obligations shall be and remain binding obligations
of the County. In the event any obligation shall have been issued
in anticipation of the issuance of bonds by the County, or by any
of its commissions, boards or agencies, the County is hereby empowered
to issue such bonds as legal and binding obligations of the County.
In the event any provision of this Charter is unclear or requires
elaboration in its application to the County, the County Legislature
may interpret such provisions in a manner not inconsistent with the
provisions of the Municipal Home Rule Law.
If part of any provision of this Charter shall be adjudged by
any court of competent jurisdiction to be invalid, such adjudication
shall not affect, impair or invalidate the remainder of such provision,
but shall be confined in its operation to the clause, sentence, paragraph,
section or article thereof directly involved in the proceeding in
which such adjudication shall have been rendered.
If any date specified in this Charter falls, in any year, on
a Saturday, Sunday or legal County holiday, then such date shall be
deemed to refer to the next succeeding date which is not a Saturday,
Sunday or legal County holiday.
For the purpose of electing County Legislators, this Charter
incorporates herein the Legislative Districts described in Local Law
No. 2 adopted on May 28, 1992.
This Charter shall be submitted to the electors of Albany County
at the general election occurring November 2, 1993.