This Charter and all amendments hereto shall
provide for and constitute the form of government for the County of
Monroe and shall be known and may be cited as the "Monroe County Charter."
Among the purposes of this Charter are the following:
A.Â
To maintain a government representative of and responsible
to all County residents.
B.Â
To provide an effective and efficient means for the
rendering of County governmental services.
C.Â
To assure the accountability and responsiveness of
County government to the express concerns of its residents.
D.Â
To provide appropriate mechanisms for citizen participation
in the affairs of County government.
E.Â
To provide the responsibility and authority for County
government to function effectively in matters of metropolitan concern
and to encourage intergovernmental relationships for such purposes.
F.Â
To provide a mechanism for a response to new needs
of County residents.
G.Â
To encourage any and all means allowed by law to accomplish
these and other purposes for the benefit of the people of Monroe County.
A.Â
The prime purpose of this Charter, as originally enacted, was to carry out the mandate of the Supreme Court of the Seventh Judicial Department of the State of New York, which on April 6, 1965, ordered the County of Monroe to provide a method of apportionment of its elective governing body in conformity with the "one person, one vote" concept of federal court decisions, and in compliance with equal protection clauses of the Fourteenth Amendment of the United States Constitution and Article I, §§ 1 and 11, of the New York State Constitution. In order to accomplish this, the County of Monroe was divided into legislative districts through the original enactment of this Charter, and remains so divided in accordance with § C2-12 of this Charter.
B.Â
Since the Municipal Home Rule Law of the State of
New York relating to the adoption of County charters requires that
a charter meet certain specified requirements, this Charter, as originally
enacted, contained the provisions of the Optional County Government
Law of the State of New York,[1] which governed the County of Monroe prior to the adoption
of said Charter, and certain general, special and local laws then
in effect and applicable to the County of Monroe, without change of
substance. As more fully set forth in § C8-2 of this Charter,
it is the intent of this Charter that, with the exception of a properly
apportioned governing body and the selection and powers of the Chief
Executive Officer, the form of government of the County of Monroe
shall continue as constituted at the time of the original enactment
of this Charter.
[Amended 8-28-1980 by L.L. No. 5-1980]
[1]
Editor's Note: See now the Alternative County
Government Law § 701, Subdivision 2.
The County of Monroe shall continue to be a
municipal corporation exercising such powers and discharging such
duties as may be imposed or conferred upon it by this Charter, by
the Administrative Code as prescribed in § C2-8A(2) of this
Charter, or by applicable law.
A.Â
Elective officers; terms. The following officers shall
be elected as provided by this Charter or by applicable law:
(1)Â
County Executive. The voters of the County of Monroe
shall elect a County executive who shall serve a term of office as
prescribed in § C3-1 of this Charter.
[Added 8-28-1980 by L.L. No. 5-1980]
(2)Â
County Legislator. The voters of each legislative
district of Monroe County shall elect a County legislator who shall
serve a term of office as prescribed in § C2-2 of this Charter.
[Amended 9-5-1979 by L.L. No. 3-1979[1]]
[1]
Editor's Note: This local law was accepted
for filing by the state as L.L. No. 5-1979.
(3)Â
Sheriff. The voters of the County of Monroe shall
elect a Sheriff, as set forth in Article 8, § 400, of the
County Law of the State of New York; provided, however, that vacancies
in the office of Sheriff shall be filled as prescribed in § C7-7
of this Charter.
[Amended 9-14-1983 by L.L. No. 3-1983[2]]
[2]
Editor's Note: This local law was accepted
for filing by the state as L.L. No. 2-1983.
(4)Â
County Clerk. The voters of the County of Monroe shall
elect a County Clerk, as set forth in Article 8, § 400,
of the County Law of the State of New York; provided, however, that
vacancies in the office of County Clerk shall be filled as prescribed
in § C7-1 of this charter.
[Amended 9-14-1983 by L.L. No. 3-1983[3]]
[3]
Editor's Note: This local law was accepted
for filing by the state as L.L. No. 2-1983.
B.Â
Appointive officers; terms. The County shall have
appointive officers as may be provided in the Charter or as required
by law or established or authorized by the County Legislature.
A.Â
State laws. Within the limits prescribed in Article
4 of the Municipal Home Rule Law of the State of New York, wherever
and whenever any law of the State of New York, general, special or
local in effect, is inconsistent with this Charter, such law shall
be deemed, to the extent of such inconsistency, to be superseded by
this Charter insofar as the County of Monroe and its government are
affected.
B.Â
Local laws. Except to the extent that they are inconsistent
with this Charter or are specifically superseded, amended or repealed
hereby, all local existing laws and resolutions heretofore adopted
by the prior Board of Supervisors and the County Legislature of the
County of Monroe shall continue in force until amended, superseded
or repealed as provided herein.
This Charter shall be liberally interpreted
to achieve its purposes and objectives.
[Amended 9-14-1983 by L.L. No. 3-1983]
Wherever used in this Charter, unless otherwise
expressly stated or unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
The head of any County agency.
Any council, department, division, office, board, commission
or other governmental unit of the County, excluding the County Legislature
and its officers and any commission excluded by the provisions of
this Charter.
A corporation, association, institution or agency authorized
to receive and expend County moneys, including but not limited to
those authorized by § 224 of the County Law of the State
of New York.
The Monroe County Charter and all amendments thereto.
The Monroe County Administrative Code and all amendments
thereto, as prescribed in § C2-8A(2) of this Charter.
The County of Monroe.
The districts provided for in § C2-12 of this Charter
for the purpose of electing County legislators.
Any person employed by the County or an agency thereof, but
shall not include an independent contractor.
A statute of the State of New York, a charter, a local law
or a resolution.
An elected member of the County Legislature or a person appointed
to fill a vacancy in the office of County Legislator.
The elected legislative body of the County.
A legislative act of the County Legislature, adopted pursuant
to the Municipal Home Rule Law of the State of New York; but shall
not mean or include a resolution or other similar act of the Legislature,
of a County agency or of any other board or body of the County.
A legislative act of the County Legislature which is limited
in its application or is of a temporary nature, or both, or as otherwise
provided by law.
