The elective legislative body of Ulster
County is and shall be the County Legislature of the County of Ulster.
[Amended 8-14-2012 by L.L. No. 9-2012; 11-6-2018]
A. A Commission on Reapportionment shall be established pursuant
to this section. It shall meet as soon as practicable after the availability
of data from each decennial census to evaluate existing legislative
districts to the maximum extent practicable pursuant to the process
established herein and reapportion them as necessary to meet established
standards in state and federal law for equal and fair representation
of all people in Ulster County, keeping districts compact and contiguous
while taking also into account existing town, city, village and election
district boundaries, defining geographic features, and equal population
within applicable law, but giving no consideration to providing advantage
to one or another political party. This Commission shall consist of
seven members who are County residents, are registered to vote in
Ulster County, represent the geographic and demographic diversity
of Ulster County, and are not currently, nor have been for the three
years preceding the formation of the Commission, elected officials,
employees of New York State, Ulster County or any town, city or village
in that County, or members or officers of any political committee.
B. To establish a pool from which Commission members will be
appointed, the County Executive shall, no later than June 1 of each
year ending in zero, commence the process for widely soliciting interest
in serving on the Commission through such as direct mail and e-mail,
contact with civic groups, public service announcements on radio and
television and in daily and weekly newspapers, paid advertisement
and announcement on the County website. A report of the process and
a list containing the names of the people in the pool of candidates
qualified to serve as members of the Commission shall be submitted
to the Clerk of the County Legislature no later than September 1 of
each year ending in zero.
C. Initial appointments to the Commission on Reapportionment
from the pool of interested parties gathered in this manner shall
represent the demographic and geographic diversity of the County and
shall be made no later than January 1 of each year ending in "1" with
two members appointed by the Legislature's majority leader and two
members by the Legislature's minority leader.
D. _____
(1) The four appointed Commissioners shall select the additional
three Commission members from the previously established pool no later
than January 15 of each year ending in "1" and shall represent the
geographic and demographic diversity of the County. In the event that
all of the three additional Commission members are not appointed by
the prescribed January 15 deadline, the appointment of the initial
four members and additional members appointed by the four Commissioners
will no longer have force and effect, and these members will no longer
be eligible to serve on the Commission on Reapportionment.
(2) The majority and minority leaders will then make new appointments, other than any previously selected who could not agree on the selection of the three additional members, in the manner prescribed in Subsection C above no later than February 1 of each year ending in "1." The four newly appointed members will appoint three additional members as set forth above by February 15 of each year ending in "1." In the event that all of the three additional Commission members are not appointed by the prescribed February 15 deadline, the appointment of the initial four members and additional members appointed by the four Commissioners will no longer have force and effect, and these members will no longer be eligible to serve on the Commission on Reapportionment.
(3) The majority and minority leaders will then make new appointments, other than any previously selected who could not agree on the selection of the three additional members, in the manner prescribed in Subsection C above but no later than March 1 of each year ending in "1."
(4) In the event that these four Commission members fail to select all of the three additional members by March 15 of each year ending in "1," then by April 1 of each year ending in "1," the three additional members of the Commission shall be selected by a drawing of names from a receptacle containing the names of the remaining members of the pool of interested parties that the four Commissioners have agreed by majority vote meet the criteria set forth in § C-10A of this Charter. The four newly appointed members shall verify that the receptacle contains the names of all remaining members of the pool of interested parties. The County Clerk shall draw three names from the receptacle containing the names of all of the remaining interested parties. If the four newly appointed members determine that any one of the three additional members together with the four appointed members thus selected do not represent the criteria set forth in § C-10A of this Charter, the process shall be repeated with respect to the number of additional members to be appointed. The rejected members shall not be placed back in the receptacle. This process shall be repeated until a majority of the four members determine that the three additional members together with the four appointed members represent the criteria set forth in § C-10A of this Charter. The three names thus selected shall constitute the three additional members of the Commission on Reapportionment.
(5) A vacancy in any Reapportionment Commission shall be filled
in the manner that the vacant position was originally filled. A vacancy
shall be filled no later than 15 days from the date of the vacancy.
E. The first meeting of the Commission shall be convened by
the County Executive no later than 15 days after it is fully appointed/or
the purposes of receiving its charge and determining how a Chairperson
will be selected. The Commission shall decide at its first meeting
by majority vote of the entire membership of the Commission if it
will have a Chairperson and Vice Chairperson by election or a Chairperson
by rotation.
(1) Chairperson and Vice Chairperson by election.
(a)
The Commission shall elect a Chairperson and Vice Chairperson
at its first meeting by majority vote of the entire membership of
the Commission. The Chairperson and/or the Vice Chairperson may be
removed from his/her seat by a two-thirds vote of the entire membership
of the Commission. A vote for removal of the Chairperson and/or Vice
Chairperson may be called by any member of the Commission. A vote
for removal from the seat of Chairperson or Vice Chairperson is not
a vote for removal from the Commission.
(b)
In the event of a vacancy in the seat of Chairperson
or Vice Chairperson the vacancy shall be filled by a majority vote
of the entire Commission immediately thereafter, but in no event shall
it be later than at its next scheduled meeting immediately following
the vacancy.
(2) Chairperson by rotation. The position of Chairperson shall
rotate each meeting. The position shall rotate among the Commissioners
in alphabetical order by surname commencing with the Commissioner
whose surname begins with the letter appearing earliest in the alphabet.
A Commissioner may elect to not sit as the Chairperson, in which event,
the Chair shall move to the next Commissioner in the rotation. Should
a Commissioner elect to not serve as Chairperson at any point during
the rotation, this decision shall not result in the forfeiture of
future turns to serve as Chairperson.
F. Powers and duties of the Commission; hearings; submissions
and approval of the plan.
(1) Following each decennial census, the Commission shall divide the County into 23 single member districts as set forth in § C-8 of this Charter for the election of County Legislators. The Commission shall be solely limited to creating district boundary lines delineating each of the 23 legislative districts. The Commission shall have no power or authority to increase or decrease the number of legislative districts as that power and authority shall vest solely with the Ulster County Legislature, Ulster County Executive and the electorate pursuant to the Ulster County Charter and § 23 of Municipal Home Rule Law. The Commission shall be guided by the criteria set forth in § C-10A of the County Charter.
(2) To the maximum extent practicable, each of the 23 single member legislative districts shall be created, taking into consideration § C-10A of this Charter.
(3) The Commission shall hold one or more public hearings on
or prior to May 20 of each year ending in "2" and shall make its draft
plan available to the public for inspection and comment not less than
10 days before such public hearing.
(4) The Commission shall prepare and adopt, by majority vote,
a final plan for reapportionment and file its plan with the Ulster
County Board of Elections on or before July 20 of each year ending
in "2."
(5) The Commission's reapportionment plan shall have the force
and effect of law and shall be deemed the reapportionment plan of
the County Legislature commencing with the general election in the
year ending in "3."
(6) The Ulster County Board of Elections shall make adjustments
as may be necessary and appropriate to comply with the adopted plan.
G. The County Legislature shall appropriate such funds as it
deems are necessary for the Commission to effectively conduct its
business. The expenditure of such funds shall be under the sole control
and discretion of the Commission subject to the provisions set forth
in this Charter and applicable federal, state, and local laws.
H. The Reapportionment Commission shall be dissolved on the
day following the general election in years ending in "3."
[Added 8-14-2012 by L.L. No. 9-2012]
There shall be an Audit Committee consisting of seven
members. The Chairman of the Legislature or his/her designee will
serve on and chair the committee and will appoint two additional members,
at least one of whom must be a County Legislator; the minority leader
will appoint two members, at least one of whom must be a County Legislator;
the County Executive or designee; the Comptroller or designee. The
County Executive and the Comptroller shall be nonvoting members. It
shall take the affirmative action of three out of the five voting
members to act.
A. The Audit Committee shall:
(1) Select the independent auditor to perform the annual audit of the
books and records of the County;
(2) Select the independent auditor in a fashion consistent with the County's
existing procurement policy, and the Audit Committee shall consult
with the Director of Purchasing in this respect; and
(3) Report the independent auditor's findings to the Legislature, County
Executive and County Comptroller.
[Amended 8-14-2012 by L.L. No. 9-2012]
A proposed appointment or proposed appointments
to County office by the County Executive that requires confirmation
by the County Legislature under provisions of the Charter shall be
presented by the County Executive to the Clerk of the Legislature
in writing in sufficient time to allow the Clerk to inform the full
Legislature of the proposed appointment or appointments at least 30
days prior to the Legislature's next scheduled meeting. The Legislature
shall vote on the confirmation of such individual at its next regular
meeting at least 30 days after such nomination has been made by the
County Executive. If the Legislature fails to vote upon the proposed
appointment or appointments, the proposed appointment or appointments
shall be deemed confirmed. When an appointment is not confirmed by
the Legislature, but such appointment was considered at a regular
meeting of the Legislature, the appointment of the same individual
for the same position may not be resubmitted by the County Executive
for 12 months after the Legislature votes upon the proposed appointment.
The County Legislature shall fix by
rule the time and place of its regular meetings, which shall be conducted
at least once each calendar month. No prior notice of such meetings
shall be required. Special meetings may be conducted at such times
and places and upon such conditions and notice to all members as the
County Legislature by rule may provide.
[Amended 8-14-2012 by L.L. No. 9-2012; 2-15-2017 by L.L.
No. 1-2017]
During the first organizational meeting
for each new County Legislature, a Clerk of the County Legislature
shall be appointed by resolution by the County Legislature, and such
appointed Clerk shall serve for the duration of the appointing Legislature’s
term. In the event of vacancy, the Legislature shall appoint by resolution
a new Clerk of the Legislature. The removal of the Clerk shall only
be done by resolution with a favorable vote of at least 3/5 of the
whole number of the Legislature. Deputy Clerks and employees of the
Legislature shall be appointed in accordance with the Rules of Order
of the Legislature.
A vacancy in the County Legislature
shall be filled by appointment by the County Legislature of a qualified
elector residing within the district no later than 30 days from the
time at which the vacancy occurs. If the appointment is not made within
30 days, a special election shall be conducted to fill the vacancy
within 90 days after the vacancy occurs; provided, however, that if
there is a scheduled general election within 120 days after said vacancy
occurs, the vacancy shall be filled at that general election. A person
who fills a vacancy, if appointed or elected at a special election,
shall serve until commencement of the calendar year next succeeding
the first general election after the happening of the vacancy at which
a successor may be elected, and the vacancy shall be filled at such
election for the unexpired term. A person elected at a general election
to fill a vacancy shall serve out the remainder of the term for that
seat.