Ulster County, NY Article XLV General and Transitional Provisions

§ A45-1 Existing laws continued. [1]

Except as otherwise provided in the Charter, all existing state, County, local and other laws or enactments, including special acts having the force of law, shall continue in force until lawfully amended, modified, superseded or repealed.

[1] Editor's Note: See Charter § C-128.

§ A45-2 Continuation of authority. [1]

A. Continuity shall exist in performance of all rights, powers, duties and obligations attached to governmental functions detailed in the provisions of the Charter. Any proceedings or other business undertaken or commenced prior to the effective date of the Charter may be conducted and completed by the County officer or administrative unit responsible for those proceedings or that business under the Charter or any Administrative Code adopted in connection with it.

B. The Charter shall not invalidate any obligations previously issued by the County or by any of its commissions, boards or agencies, and these 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.

[1] Editor's Note: See Charter § C-129.

§ A45-3 Civil service rights continued. [1]

The civil service rights of all County employees and their beneficiaries shall not be affected by the Charter. The civil service rights of all employees transferred in any case authorized by the Charter shall be continued as provided by the Civil Service Law.

[1] Editor's Note: See Charter § C-130.

§ A45-4 Existing terms of office. [1]

Nothing contained in the Charter shall affect the terms of office of County Clerk, District Attorney and Sheriff as presently constituted.

[1] Editor's Note: See Charter § C-131.

§ A45-5 Transfer of functions, duties and personnel; other County departments, boards, offices and agencies. [1]

A. Except as otherwise provided in the Charter, all County departments, boards, offices and units shall continue as provided by law.

B. Any County officer appointed for a fixed term prior to the effective date of the Charter shall continue his or her office for the balance of the unexpired term.

C. Nothing contained in the Charter is intended to constitute a transfer of any function or duty from any town or village or an abolition of any office, department, or unit of government of a town or village in the County. If any provision of the Charter is construed by any court of competent jurisdiction to constitute any such transfer or abolition, such provision shall be deemed to be optional as it affects the towns or villages and shall be effective only upon approval by the governing boards of such towns or villages.

D. Additional appointments to be made by the County Executive. The County Executive shall appoint the head of any administrative unit not provided for in the Charter, subject to the confirmation of the Legislature. All such appointees shall serve at the pleasure of the County Executive and have such powers and duties as shall be provided by law, except where such law shall be inconsistent with the Charter within the limits prescribed in Article 4 of the Municipal Home Rule Law.

E. Miscellaneous administrative functions. Administrative functions not otherwise assigned by the Charter or the Administrative Code shall be assigned by the County Executive to an appropriate administrative unit.

[1] Editor's Note: See Charter § C-132.

§ A45-6 Charter clarification. [1]

If any provision of the Charter is not clear or requires elaboration in its application, the County Legislature may interpret that provision in a local law, not inconsistent with the provisions of the Municipal Home Rule Law.

[1] Editor's Note: See Charter § C-133.

§ A45-7 Amendments to Administrative Code.

This Administrative Code may be amended by local law at any time.

§ A45-8 Severability. [1]

If part of any provision of the Charter or this Administrative Code shall be judged by any court of competent jurisdiction to be invalid, that adjudication shall not affect, impair or invalidate the remainder of that provision but shall be confined in its effect to the clause, sentence, paragraph, section or article determined to be invalid by the Court.

[1] Editor's Note: See Charter § C-135.

§ A45-9 Dates. [1]

If any date specified in the Charter or this Administrative Code 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.

[1] Editor's Note: See Charter § C-136.

§ A45-10 Amendments to Charter. [1]

A. The Charter may be amended in the manner provided by the Municipal Home Rule Law and or as provided for in the Charter. 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.

B. Further, any amendment which would create or abolish an elective County office, change the power or method of removing an elective County officer during his or her term of office, abolish, curtail or transfer to another County office or agency any power of an elected County officer, or change the form or composition of the County Legislature shall be subject to a mandatory referendum.

[1] Editor's Note: See Charter § C-137.

§ A45-11 Completion of unfinished business. [1]

A. The performance of functions pursuant to the provisions of the Charter and this Administrative Code 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 the Charter or this Administrative Code may be conducted and completed by the County officer or administrative unit responsible for such proceedings or other business under the Charter or this Administrative Code.

B. The Charter or this Administrative Code 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 the 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.

[1] Editor's Note: See Charter § C-138.

§ A45-12 Repealer clause.

The following local laws are hereby repealed:

A. Local Law Number 1 of 1963 — A Local Law To Provide For The Continuity Of Government Of The County Of Ulster, New York, In The Event Of An Attack Or Public Disaster.

B. Local Law Number 1 of 1967 — A Local Law To Provide For The Creation Of An Ulster County Public Employment Relations Board, And Establishing The Rules, Authority, And Qualifications Of Said Board, Pursuant To Article 14 Of The Civil Service Law Of The State Of New York, Adopted By The Laws Of 1967 Which Become Effective As Of September 1, 1967.

C. Local Law Number 2 of 1972 — A Local Law Establishing An Ulster County Traffic Safety Board For The County Of Ulster.

D. Local Law Number 4 of 1975 — A Local Law To Provide For The Creation Of Youth Bureau In And For The County Of Ulster.

E. Local Law Number 1 of 1976 — A Local Law Providing For The Filling Of Vacancies In The Office Of County Legislature Of The County Of Ulster.

F. Local Law Number 3 of 1978 — A Local Law To Create The Office Of Public Defender.

G. Local Law Number 4 of 1978 — A Local Law To Create The Office Of County Purchasing Agent.

H. Local Law Number 6 of 1978 — A Local Law To Change The Form Of Administration Of The Civil Service Law, And To Create The Office Of Personnel Officer.

I. Local Law Number 1 of 1979 — A Local Law To Establish The Ulster County Self-Insurance Plan, And To Provide For The Administration Thereof Pursuant To Article 5 Of The Workers' Compensation Law.

J. Local Law Number 2 of 1979 — A Local Law Of The County Of Ulster, Abolishing The Office Of Coroner And Coroner's Physician, And Establishing In The Department Of Health, The Office Of Medical Examiner.

K. Local Law Number 4 of 1980 — A Local Law Creating The Office Of County Administrator And Deputy County Administrator.

L. Local Law Number 5 of 1980 — A Local Law Providing For The Assignment To and Performance By The Chairman Of The Legislature Of Specified Administrative Functions, Powers And Duties Pursuant To Section 10 Of The Municipal Home Rule Law.

M. Local Law Number 3 of 1982 — A Local Law Providing For The Filling Of Vacancies In The Offices Of District Attorney, Sheriff, County Clerk And Treasurer Of The County Of Ulster.

N. Local Law Number 5 of 1984 — A Local Law Amending Local Law Number 4 of 1975 To Authorize The Creation Of The Office Of Deputy Director Of The Youth Bureau.

O. Local Law Number 2 of 1985 — A Local Law Designating The Administrator Of The County Self-Insurance Plan As The County Insurance Officer.

P. Local Law Number 5 of 1985 — A Local Law Establishing A Department of Residential Health Care Facilities.

Q. Local Law Number 2 of 1987 — a Local Law Amending Local Law Number 1 of 1979 To Provide A Minimum Advance Notice Requirement For Participant Withdrawing From The County Self-Insurance Plan.

R. Local Law Number 4 of 1987 — A Local Law Amending Local Law Number 4 Of 1980 To Provide For The Settlement Of Claims Within Certain Limits Without The Necessity Of A Legislative Resolution.

S. Local Law Number 4 of 1989 — A Local Law Amending Local Law Number 1 of 1979 As Amended By Local Law Number 2 of 1987 To Make Certain Changes In The Ulster County Self-Insurance Plan In Accordance With Article 5 Of The Workers' Compensation Law.

T. Local Law Number 2 of 1991 — A Local Law Repealing Sections Two And Three Of Article Three Of Local Law Number Two Of 1979 And Authorizing The Appointment Of Deputy Medical Examiners

U. Local Law Number 1 of 1992 — A Local Law Confirming The Departments Of County Government And The Positions And Authority Of All Department Heads And Their Deputies Or Assistants.

V. Local Law Number 4 of 1993 — A Local Law To Formally Establish The Office Of County Auditor And The Authority Of The Auditor And His Or Her Deputies.

W. Local Law Number 5 of 1993 — A Local Law To Formally Establish The Department Of Information Services And The Authority Of The Director And His Or Her Assistants.

X. Local Law Number 6 of 1993 — A Local Law To Formally Establish The Department Of Community Corrections And The Authority Of The Director And His Or Her Assistants.

Y. Local Law Number 7 of 1993 — A Local Law Amending Local Law Number 4 of 1978 To Formally Establish The Authority Of The County Purchasing Agent and His Or Her Deputies.

Z. Local Law Number 3 of 1994 — A Local Law To Formally Establish The Department Of Emergency Communications/Emergency Management And the Authority Of The Director And His Or Her Deputies or Assistants.

AA. Local Law Number 3 of 1996 — A Local Law Amending Local Law Number 1 of 1979 As Amended By Local Law Number 2 of 1987 And Local Law Number 4 Of 1989 To Change The Minimum Advance Notice Requirement For Participants Withdrawing From The County Self-Insurance Plan.

BB. Local Law Number 2 of 2003 — A Local Law Authorizing Members Of The Ulster County Community Services Board And Its Subcommittees, Who Are Appointed To Fill An Unexpired Term, To Serve Two Consecutive Full Four Year Terms Upon The Conclusion Of The Unexpired Term.

CC. Local Law Number 4 of 2003 — A Local Law To Formally Establish The Ulster County Area Transit Department And To Create The Office Of The Director Of Public Transit.

DD. Local Law Number 4 of 2004 — A Local Law To Establish A Fair Housing Law In Ulster County.

EE. Local Law Number 5 of 2004 — A Local Law To Establish A Department Known As The Ulster County Tourism Office And To Create The Public Office Of The Director Of Tourism.

FF. Local Law Number 6 of 2004 — A Local Law Relating To The Appointment Of County Legislators By The County Legislature To Paid Positions Of County Employment.

GG. Local Law Number 1 of 2007 — A Local Law Amending Local Law Number 1 of 1979 As Amended By Local Law Number 2 of 1987, Local Law Number 4 Of 1989 And Local Law 3 Of 1996 To Change The Minimum Advance Notice Requirement For Participants Withdrawing From The County Self-Insurance Plan.

HH. Local Law Number 5 of 2007 — A Local Law To Create A Department Of Public Works For The County Of Ulster Pursuant To Section 10 Of The Municipal Home Rule Law.

§ A45-13 Effective date.

This Administrative Code shall take effect in accordance with § 27 of the Municipal Home Rule Law and become operative on January 1, 2009.