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Monroe County, NY
 
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Table of Contents
Table of Contents
[Amended 9-14-1983 by L.L. No. 3-1983; 6-28-1988 by L.L. No. 4-1988, approved 7-21-1988]
A. 
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. 
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) 
To act as the official registrar of the County.
(2) 
To record deeds, mortgages, maps and other actions affecting real property.
(3) 
To act as the official Clerk of the State Supreme and County Courts and, as such, make an accurate recording of all proceedings.
(4) 
To process applications for naturalization and administer oaths for such.
(5) 
To issue passports, hunting and fishing licenses and pistol permits, as authorized by applicable law.
(6) 
To supervise the operation of the Auto License Bureau, as authorized by state law.
(7) 
To perform such other duties as may be set forth in the Administrative Code, and as may be required by other laws.
C. 
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. 
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.
B. 
Powers and duties. The County Board of Elections shall have the following powers and duties:
(1) 
To administer applicable provisions of the Election Law of the State of New York.
(2) 
To perform such other duties as may be set forth in the Administrative Code, and as may be required by other laws.
C. 
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. 
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. 
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) 
To appoint a President of the college, subject to approval by the State University Trustees.
(2) 
To appoint or delegate to the President of the college the appointment of other members of the staff.
(3) 
To adopt curricula for the college, subject to the approval of the State University Trustees.
(4) 
To prepare a budget for submission to and approval by the County Legislature.
(5) 
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. 
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. 
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) 
To appoint a Director of the Library System and to appoint or delegate the appointment of other personnel.
(2) 
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) 
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) 
To submit an annual budget for approval by the County Legislature and to administer the library fund.
(5) 
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) 
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) 
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. 
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. 
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) 
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) 
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) 
To perform such other duties as may be set forth in the Administrative Code, and as may be required by other laws.
C. 
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) 
Being a member of a political organization other than enrollment and membership in a political party;
(2) 
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) 
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) 
Publicly endorsing or publicly opposing a candidate for public office;
(5) 
Making speeches on behalf of a political organization or another candidate;
(6) 
Attending political gatherings;
(7) 
Soliciting funds for or making a contribution to a political organization or candidate; or
(8) 
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. 
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. 
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) 
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) 
To provide police services within the County, in accordance with County Law § 650.
[Amended 6-10-2014 by L. L. No. 2-2014]
(3) 
To perform the civil duties specified in applicable law.
(4) 
To perform such other duties as may be set forth in the Administrative Code, and as may be required by other laws.
C. 
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. 
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. 
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) 
To prosecute crimes and offenses of a criminal nature for the people.
(2) 
To assist in the investigation of crimes committed in the County.
(3) 
To present evidence to the Grand Jury and serve as its legal counsel.
(4) 
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) 
To perform other duties as may be set forth in the Administrative Code, and as may be required by other laws.
C. 
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.