This chapter shall be known as the "Ulster County
Administrative Code."
The Ulster County Administrative Code is intended
to outline the organizational structure of the County government as
prescribed in the New York State Municipal Home Rule Law, to delineate
the location of the responsibilities of the County government and
to make provision for administrative leadership in order to promote
an efficient and responsible County government.
All existing laws, ordinances, legalizing acts
and resolutions of the County shall remain operative except where
inconsistent with this Administrative Code as adopted by local law.
Upon adoption of the Charter, Ulster
County shall be and remain a municipal corporation under its same
name and shall exercise all of the rights, privileges, functions and
powers conferred upon it by the Charter, and any other applicable
statute not inconsistent with such Charter. Ulster County shall be
subject to all duties and obligations imposed upon it by existing
or subsequent laws not inconsistent with the provisions of the Charter,
including all powers necessarily incidental to or which may be fairly
implied from the powers specifically conferred upon it.
The Charter provides a form for and
structure of County government in accordance with the provision of
Article 4 of the Municipal Home Rule Law of the State of New York.
All special laws relating to Ulster County and all general laws of
the State of New York shall continue in full force and effect except
to the extent that such laws have been repealed, amended, modified
or superseded in their application to Ulster County by enactment and
adoption of the Charter. Within the limits prescribed in Article 4
of the Municipal Home Rule Law, wherever and whenever any state law,
general, special, or local in effect, conflicts or is inconsistent
with the Charter, such law shall be deemed, to the extent of such
conflict or inconsistency, to be superseded by the Charter insofar
as the County of Ulster and its government are affected.
A.
All local laws and resolutions, heretofore
adopted, which are contrary to or inconsistent with the provisions
of the Charter, are hereby repealed.
B.
All of the laws of the state relating to the
towns, cities, villages or districts of the County of Ulster shall
continue in full force and effect except to the extent that such laws
have been repealed, amended, modified or superseded in their application
to Ulster County by the enactment and adoption of the Charter.
A.
Amendment through the Legislature. The County
Executive, any Legislator, the Legislature collectively or any person
may make recommendations at any time to the County Legislature for
amendments to the Charter. A proposed amendment or proposed amendments
to the Charter may be adopted in the manner provided by the Municipal
Home Rule Law.
B.
Amendment or revision by Commission. Within
five years after the enactment of the Charter, and at least every
10 years thereafter, a Charter Revision Commission shall be appointed
to review and make recommendations to the County Executive and Legislature
on amendments, additions or revisions to the County Charter. The Commission
shall consist of 11 qualified electors of Ulster County and representing
the different geographic areas and reflective of the demographic diversity
of the County, with five members appointed by the County Executive,
three members to be appointed by the leader of the party in the Legislature
with the most members, and three members by the leader of the party
in the Legislature with the second most members. No appointee to this
Commission shall be a County employee or elected official at the time
he or she serves on this Commission.
(1)
The first meeting of the Commission members
shall be convened by the County Executive in the second week after
the deadline for its appointment for the purposes of electing a Chairman
and receiving its charge. The Chairman of this Commission shall be
elected at that meeting by a majority vote of the entire membership
of the Commission.
(2)
The Legislature shall provide such funds as
are necessary for the Commission to conduct its business effectively.
No member of the Charter Revision Commission shall receive any compensation,
but each member shall be reimbursed by the County of Ulster for all
actual and necessary expenses incurred in the course of the performance
of his or her duties as a member of the Commission.
(3)
The Commission shall call upon necessary expertise
in the community and state, shall hold public hearings to gather citizen
opinion on the strengths and weaknesses of the Charter and proposed
improvements, and shall maximally publicize its work through the print
and electronic media and the County website. The Commission shall
issue a written report to the County Legislature and County Executive
at the conclusion of its deliberations, but no later than one year
from the date of its first meeting, containing its findings and recommendations,
if any, for amendments or revisions of the Ulster County Charter to
be placed by the County Legislature before the people of Ulster County
for their consideration at the next scheduled general election at
least 60 days after the report is delivered to the Clerk of the Legislature.
The Commission shall be dissolved on the day following its report
or one year and one day from the date of its first meeting.
(4)
The Commission, by two-thirds vote of its members, may place directly before the voters for their approval at referendum proposals to amend or revise Charter provisions pertaining to the County in Article II or III of the Charter. These amendments or revisions must be filed with the Ulster County Board of Elections timely so as to allow a vote upon it at the next scheduled general election after the Commission reports. No later than one month before the scheduled referendum at which its adoption will be considered, the Commission must hold at least one public hearing on any Charter change proposed directly to the ballot. Amendments or revisions proposed directly to the ballot by the Commission will be deemed adopted if approved by a majority of voters casting ballots on the question during the next scheduled general election. Notwithstanding other provisions of the Charter, if the Charter Commission proposes a matter for direct ballot consideration, the Commission will continue to function until the day after election day of the year of consideration of its proposal on the ballot.
Whenever used in the Administrative Code, unless
otherwise expressly stated, or unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
The Administrative Code as adopted by the County Legislature,
and any amendments thereto.
The head of any administrative unit.
Any department, division, bureau, office, board or
commission or other agency of County government, or any subordinate
part of the foregoing.
Any agency authorized by the Charter, Administrative
Code or applicable law, including, but not limited to, those authorized
by the County Law, to receive and expend County funds for a County
purpose.
The plan of capital projects proposed to be undertaken
during a five-year period, the estimated cost of such projects, and
the proposed method of financing. It shall be arranged in such manner
as to indicate the order of priority of each project, and to state
for each project:
A description of the proposed project
and the estimated total cost;
The proposed method of financing, indicating
the amount proposed to be financed by direct budgetary appropriation
of duly established reserve funds; the amount, if any, estimated to
be received from the federal and/or state government; and the amount
to be financed by the issuance of obligations, showing the proposed
type or types of obligations, together with the period of probable
usefulness for which they are proposed to be issued; and
An estimate of the effect, if any, upon
operating costs of the municipal corporation within each of the three
fiscal years following completion of the project.
Any physical betterment or improvement,
including furnishings, machinery, apparatus or equipment for such
physical betterment or improvement when first constructed or acquired;
or
Any preliminary studies and surveys
relating to any physical betterment or improvement; or
Land or rights in land; or
The Ulster County Charter and all its amendments,
if any.
The Clerk of the County Legislature.
The County of Ulster.
The elective chief executive officer of the County,
who shall govern according to those powers provided for in the Charter,
or under any other provision of applicable law.
The County Law of the State of New York.
The elective legislative, appropriating and policy-determining
body of the County of Ulster. Whenever the term "County Board," "Board
of Supervisors," "County governing board" or "elective governing body
of the County" is referred to in any law, it shall be deemed to mean
and refer to the County Legislature.
The administrative unit which is the primary level
of County government.
The administrative head of any department, and may
also be referred to herein as a "commissioner" or "director."
The administrative unit which is the secondary level
of County government.
The Election Law of the State of New York.
A written communication exchanged between people by electronic
means such as a computer or other devices, through either a local
area network or the Internet.
A voting member unless there is governing legislation that
specifically provides otherwise.
The Executive Law of the State of New York.
The General Municipal Law of the State of New York.
A legislative act of the County Legislature adopted
pursuant to the Municipal Home Rule Law, but shall not mean or include
a resolution, ordinance or similar act of the County Legislature.
The Municipal Home Rule of the State of New York.
Any office of federal, state or local government
whether elected or appointed.
The Public Officers Law of the State of New York.
The Real Property Tax Law of the State of New York.
The Secretary of State of the State of New York.
The lack of occupancy in an office or post due to the death,
resignation or official removal of an elected or appointed public
official.
The total number of persons which the County Legislature
or other group of persons would have were there no vacancies and none
of the persons disqualified from acting.
Any intentional recording of words in a visual form, whether
in the form of handwriting, printing, typewriting, or any other tangible
form.
