This code and all amendments hereto shall be known and cited as the "Monroe County Administrative Code."
A.
Purpose of code. The purpose of this Administrative Code is to set forth the details of administration of the government of Monroe County, consistent with the provisions of the Monroe County Charter. The following details of administration shall be included:
(1)
Administrative organization of departments and other agencies of county government.
(2)
Duties, rules and regulations of the various officers, departments and agencies of county government.
(3)
The relationship between and among and within departments and agencies.
(4)
The basic procedures of the county in terms of administration, planning, personnel, fiscal and other matters.
B.
Procedures for development. The development of an administrative code shall be considered a continuous process involving the County Executive, county agency administrators and the County Legislature. The following guidelines shall be recognized in the development and amendment of this code:
(1)
County Executive's annual code plan. The County Executive shall annually prepare a plan for the development and revision of the Administrative Code. The plan shall set forth the following:
(2)
Code review and preliminary approval. The County Executive, or a designee, shall review and may develop and revise all proposed code provisions. Such preliminary provisions shall be submitted to the Legislature and shall be available for public review.
(3)
Approval of code provisions. Provisions or amendments of the Administrative Code shall be by local law.
(4)
Printing and distribution. Pursuant to § C2-8 of the County Charter, the County Executive shall be responsible for printing the Administrative Code and for printing periodic and timely supplements, as follows:
(a)
The code and supplements shall be in looseleaf form.
(b)
Such supplements shall contain all current amendments and additions.
(c)
Each provision of the code shall be annotated to indicate other applicable or related state laws, local laws or resolutions, as well as reference to previous amendments of such provision.
C.
Further rules and regulations.
(1)
County Executive. The County Executive may promulgate and maintain a manual of management policies, organization and procedures to further implement the provisions of the Monroe County Charter and this code.
(2)
Other agencies. Other rules and regulations may be adopted as required or as deemed necessary by individual county departments and agencies, provided that such rules and regulations and any amendments are filed with the County Executive, County Attorney, the Director of Communications and Special Events, and the Clerk of the County Legislature. Such rules and regulations shall be available to the public. Except as otherwise provided by law, the County Executive may supersede or modify such rules and regulations. The County Executive may require that all such rules and regulations be prepared according to guidelines governing format and other matters related to publication.
[Amended 6-28-1988 by L.L. No. 4-1988, approved 7-21-1988]
Except to the extent that they are inconsistent with this code or the County Charter or are specifically superseded, amended or repealed thereby, all local 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.
Wherever used in this code, 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 the 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 § C28A(2) of the 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.
The seal of the County of Monroe shall consist of two (2) circles, one within the other, the outer circle having a cord border with the words "MONROE COUNTY-ROCHESTER, NEW YORK," and around the outer circumference of the inner circle and the center of the inner circle, the word "SEAL." Such seal shall be used for all authorized and requisite purposes.
The emblem of the County of Monroe shall be as follows: A circle or wheel with a hub that symbolizes the City of Rochester and with nineteen spokes radiating from the circle or hub that symbolize the nineteen towns in Monroe County. The words "COUNTY OF MONROE" shall be lettered across the top of the circle and the words "STATE OF NEW YORK" lettered across the bottom of the circle. The hub section of the circle or wheel shall be divided into quadrants representing government, industry, education and county growth. The lamp of learning (upper right quadrant) shall symbolize education. Skilled industry shall be reflected in the lenses, diaphragm and gear (lower right quadrant). Civic Center buildings (upper left quadrant) shall symbolize public services. Wavy lines under the buildings shall represent the Genesee River and Lake Ontario. A fruit tree, symbolizing agricultural growth, shall be superimposed on the outline of the county (lower left quadrant). Such emblem shall be used for all authorized and requisite governmental purposes.
The flag of the County of Monroe shall be rectangular in shape and fifteen (15) feet wide. The overall design shall be in three (3) vertical stripes. The left vertical bar shall be four (4) feet wide and colored forest green; the center section shall consist of a seven-foot yellow-gold section which shall have emblazoned thereon the county emblem; and the right side of the flag shall have another four-foot forest green vertical bar.
A.
Except for changes in the boundaries of legislative districts, which shall be amended only by local law in accordance with the provisions of § C2-12 of the Charter and except for amendments which are required by the Charter or other applicable law to be made by local law, this code may be amended by resolution of the County Legislature. All such amendments shall be consistent with the County Charter.
B.
Continuity of authority and responsibility. The performance of functions, pursuant to the provisions of this code, shall be deemed and held to constitute a continuation thereof 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 this code may be conducted and completed by the county officer or administrative unit responsible therefor under this code or the County Charter.
C.
Severability. If any clause, sentence, subsection, paragraph, section, part or article of this code shall be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, subsection, paragraph, section, part or article thereof directly involved in the proceedings in which such adjudication shall have been rendered.
D.
Code to be liberally construed. This code shall be liberally construed to carry out its objectives and purposes.
E.
Judicial notice. All courts shall take judicial notice of all local laws, acts, resolutions, rules and regulations adopted pursuant to the County Charter or this code.
F.
Effective date. This code shall take effect upon adoption by the County Legislature and as set forth in the New York Municipal Home Rule Law.
