[Amended 9-14-1983 by L.L. No. 3-1983; 6-28-1988 by L.L. No.
4-1988, approved 7-21-1988]
A.Â
Position established. As authorized and set forth
in the New York State Constitution and other applicable laws, there
shall be a County Clerk, who shall be elected from the County at large
for a term of four years. Vacancies in the office of County Clerk
shall be filled as set forth in New York State County Law § 400(7).
[Amended 6-10-2014 by L. L. No. 2-2014]
B.Â
Powers and duties. The County Clerk shall have the
powers and duties set forth in the New York State Constitution and
other applicable laws, including but not limited to the following:
(1)Â
To act as the official registrar of the County.
(2)Â
To record deeds, mortgages, maps and other actions
affecting real property.
(3)Â
To act as the official Clerk of the State Supreme
and County Courts and, as such, make an accurate recording of all
proceedings.
(4)Â
To process applications for naturalization and administer
oaths for such.
(5)Â
To issue passports, hunting and fishing licenses and
pistol permits, as authorized by applicable law.
(6)Â
To supervise the operation of the Auto License Bureau,
as authorized by state law.
(7)Â
To perform such other duties as may be set forth in
the Administrative Code, and as may be required by other laws.
C.Â
Absence of restriction. Nothing in this section shall
be construed to limit the powers and duties of the office of County
Clerk, as provided by the New York State Constitution and other laws.
A.Â
Board established. As authorized and set forth in
the New York State Constitution, the Election Law of the State of
New York and other applicable laws, there shall be a County Board
of Elections. Election Commissioners shall be appointed by the County
Legislature, as authorized in said Election Law.
C.Â
Absence of restriction. Nothing in this section shall
be construed to limit the powers and duties of the County Board of
Elections, as provided by the New York State Constitution, the Election
Law of the State of New York and other laws.
A.Â
College established; Board of Trustees. As authorized
and set forth in Article 126 of the Education Law of the State of
New York and other applicable laws, there shall be a Monroe Community
College, which shall be governed by a Board of Trustees. The number
of Trustees and their manner of appointment shall be as set forth
in § 6306 of said Education Law as presently constituted
or hereafter amended.
B.Â
Powers and duties of Board of Trustees. The Board
of Trustees of the Monroe Community College shall have the powers
and duties set forth in Article 126 of the Education Law of the State
of New York and other applicable laws, including but not limited to
the following:
(1)Â
To appoint a President of the college, subject to
approval by the State University Trustees.
(2)Â
To appoint or delegate to the President of the college
the appointment of other members of the staff.
(3)Â
To adopt curricula for the college, subject to the
approval of the State University Trustees.
(4)Â
To prepare a budget for submission to and approval
by the County Legislature.
(5)Â
To discharge such other duties as may be appropriate
or necessary for the effective operation of the college, and as may
be required by other laws.
A.Â
System established; Board of Trustees. There shall
be a Monroe County Library System, which shall be governed by a Board
of Trustees in accordance with provisions of Article 5, § 260
of the Education Law of the State of New York. The Board of Trustees
shall consist of 11 members who shall be appointed by the County Legislature
for five-year terms as authorized by the State Education Law. Representational
membership on the Board of Trustees may be provided for when deemed
appropriate.
B.Â
Powers and duties of Board of Trustees. The Board
of Trustees of the Monroe County Library System shall have the powers
and duties set forth in Article 5, §§ 226, 260 and
272 of the Education Law of the State of New York and other applicable
laws, including but not limited to the following:
(1)Â
To appoint a Director of the Library System and to
appoint or delegate the appointment of other personnel.
(2)Â
To enter into contracts with the Boards of Trustees
of public libraries in Monroe County pursuant to membership in the
Monroe County Library System and with the Boards of Trustees of such
other library systems or consortia as may be, from time to time, appropriate
for cooperative library service and program development.
(3)Â
To provide to member libraries such centralized support,
consultant and training services and such grant programs, either directly
or by contract, as may contribute to the coordinated development of
library services in the County.
(4)Â
To submit an annual budget for approval by the County
Legislature and to administer the library fund.
(5)Â
To participate in the annual procedures for County
financing of the Rochester Public Library central services operations
by defining such services and reviewing the annual budget request,
in accordance with the terms of the 1968 agreement between the City
of Rochester and County of Monroe, for as long as this agreement remains
in force.
(6)Â
To advise the County, when appropriate, of library
programs it deems to serve a County-wide purpose, whereupon the County
may elect to provide for these services by such means as entering
into agreements with one or more municipalities in the County. Such
agreements may provide for service contracts, transfer of physical
assets to the County by lease, purchase or gift or transfer of personnel
and may contain such other provisions as may be agreed to by the County
and participating municipalities.
(7)Â
To perform such other duties as may be appropriate
or necessary for the effective operation of the Library System and
as may be required by the Administrative Code and other laws.
A.Â
Office established; Public Defender. In accordance
with the provisions of Article 18-A of the County Law of the State
of New York, there shall be an office of Public Defender, the head
of which shall be the Public Defender. The Public Defender shall be
appointed by the County Legislature for a term of two years.
B.Â
Powers and duties. The Public Defender shall have
the powers and duties set forth in the laws of the State of New York,
including the County Law, the Family Court Act and the Surrogates
Court Procedure Act and other applicable laws. Such powers and duties
shall include but shall not be limited to the following:
(1)Â
To represent, without charge, at the request of the
defendant or by the order of the court with the consent of the defendant
each indigent defendant who is charged with a crime, as defined in
§ 722-a of the County Law, in the County of Monroe.
(2)Â
To represent, without charge, in a proceeding in Family
Court or Surrogate's Court in the County of Monroe, any person entitled
to counsel pursuant to § 262 and § 1120 of the
Family Court Act, and § 407 of the Surrogate's Court Procedure
Act, who is financially unable to obtain counsel.
(3)Â
To perform such other duties as may be set forth in
the Administrative Code, and as may be required by other laws.
C.Â
Political activities prohibited. The Public Defender
shall not directly or indirectly engage in any political activity
except (i) as otherwise authorized by this section or by law, (ii)
to vote and to identify himself or herself as a member of a political
party, and (iii) on behalf of measures to improve the law, the legal
system or the administration of justice. Prohibited political activity
shall include:
[Added 3-11-2008 by L.L. No. 8-2008,
approved 3-31-2008]
(1)Â
Being a member of a political organization other than
enrollment and membership in a political party;
(2)Â
Being a member of any other group the principal purpose
of which is to further the election or appointment of candidates to
political office;
(3)Â
Participating in any political campaign for any office
or permitting his or her name to be used in connection with any activity
of a political organization;
(4)Â
Publicly endorsing or publicly opposing a candidate
for public office;
(5)Â
Making speeches on behalf of a political organization
or another candidate;
(6)Â
Attending political gatherings;
(7)Â
Soliciting funds for or making a contribution to a
political organization or candidate; or
(8)Â
Purchasing tickets for politically sponsored dinners
or other functions.
Position established; powers and duties. In
accordance with the provisions of Article 12 of the Surrogate's Court
Procedure Act of the State of New York, there shall be a Public Administrator
for the County of Monroe, whose appointment, term, authority, powers
and duties shall be as set forth in said Article 12 of the Surrogate's
Court Procedure Act.
A.Â
Position established. As authorized and set forth
in the New York State Constitution, the County Law of the State of
New York and other applicable laws, there shall be a Sheriff, who
shall be elected from the County at large for a term of four years.
Vacancies in the office of Sheriff shall be filled as set forth in
County Law § 400(7).
[Amended 6-10-2014 by L. L. No. 2-2014]
B.Â
Powers and duties. The Sheriff shall have the powers
and duties set forth in the New York State Constitution and other
applicable laws, including but not limited to the following:
(1)Â
To manage the County jail and to provide for the care
and custody of persons committed to his or her custody by competent
courts or by intergovernmental agreement.
(2)Â
To provide police services within the County, in accordance
with County Law § 650.
[Amended 6-10-2014 by L. L. No. 2-2014]
(3)Â
To perform the civil duties specified in applicable
law.
(4)Â
To perform such other duties as may be set forth in
the Administrative Code, and as may be required by other laws.
C.Â
Absence of restriction. Nothing in this section shall
be construed to limit the powers and duties of the office of Sheriff,
as provided by the New York State Constitution and other laws.
A.Â
Position established. As authorized and set forth
in the New York State Constitution, the County Law of the State of
New York and other applicable laws, there shall be a District Attorney.
The District Attorney shall have been elected for a term of three
years at the general election held in the year 1978. Thereafter, the
District Attorney shall be elected for a term of four years.
B.Â
Powers and duties. The District Attorney shall have
the powers and duties set forth in the New York State Constitution
and other applicable laws, including but not limited to the following:
(1)Â
To prosecute crimes and offenses of a criminal nature
for the people.
(2)Â
To assist in the investigation of crimes committed
in the County.
(3)Â
To present evidence to the Grand Jury and serve as
its legal counsel.
(4)Â
To devise programs which assist in the prevention
of crime and to educate the public in regard to the law and the office
of District Attorney.
(5)Â
To perform other duties as may be set forth in the
Administrative Code, and as may be required by other laws.
C.Â
Absence of restriction. Nothing in this section shall
be construed to limit the powers and duties of the office of District
Attorney as provided by the New York State Constitution and other
laws.