[Amended 6-28-1988 by L.L. No. 4-1988,
approved 7-21-1988]
This Charter, initially adopted by the Board
of Supervisors of the County of Monroe on September 1, 1965, and approved
by referendum on November 2, 1965, became effective as of January
1, 1967, except for those provisions relating to the initial election
of County Legislators and the right of said Board of Supervisors to
fix the initial compensation of such Legislators prior to their election,
which became effective immediately upon approval of the Charter by
said referendum. Amendments to this Charter, by local law, have become
and shall become effective as set forth in the Municipal Home Rule
Law of the State of New York.
It is not the intention of this Charter to abolish,
supersede, curtail or in any way affect any powers or rights heretofore
conferred upon or delegated to the prior Board of Supervisors of the
County of Monroe, nor shall the provisions of this Charter be construed
as superseding any provisions of any law, resolution or enactment
having the effect of law relating to the functions, powers, duties,
rights, methods or procedures of said Board of Supervisors or the
basic form, structure and functions of government of the County of
Monroe, unless a contrary intention is clearly manifested from the
express provisions of this Charter. Except as otherwise provided in
this 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continue in force until lawfully amended, modified, superseded or
repealed.
The performance of functions pursuant to the
provisions of this Charter shall be deemed and held to constitute
a continuation of all rights, powers, duties and obligations attached
to such functions. Any proceeding or other business undertaken or
commenced prior to the effective date of this Charter may be conducted
and completed by the County officer or County agency responsible therefor
under this Charter or the Administrative Code.
If any provision of this Charter is not clear
or requires elaboration in its application to the County, the County
Legislature may interpret such provisions in a local law not inconsistent
with the provisions of the Municipal Home Rule Law.
A.
This Charter may be amended in the manner provided
by the Municipal Home Rule Law of the State of New York.
B.
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
in the County shall not become operative unless it is approved by
mandatory referendum as required by said Municipal Home Rule Law.
C.
Any amendment which would create or abolish an elective
County office, change the voting or veto power or the method of removing
an elective County officer during a current term of office, abolish,
curtail or transfer to another County officer or agency any power
of an elective County officer or change the form or composition of
the County Legislature shall be subject to a permissive referendum.
If any provision of this Charter shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof but shall
be confined in its operation to the particular provision directly
involved in the controversy.
