The legislative, appropriating and policy-determining
powers of Putnam County shall be vested in an elected body, which
shall be known as the County Legislature. The County Legislature shall
consist of nine (9) members elected from single-member districts.
A.
The County Legislators shall be elected for terms of three (3) years
at the general elections hereinafter provided and every three (3)
years thereafter as follows:
(1)
At the general election held in November of 2002, County Legislators
from Legislative Districts Two, Three and Eight shall be elected for
said term of three years.
(2)
At the general election held in November of 2003, County Legislators
from Legislative Districts One, Four and Seven shall be elected for
said term of three years.
(3)
At the general election held in November of 2004, County Legislators
from Legislative Districts Five, Six and Nine shall be elected for
said term of three years.
B.
The County Legislators shall serve a maximum of four (4) terms, regardless
of the fact that a "term" may not have been three (3) years, and whether
or not consecutive, in his/her lifetime.
C.
For the purposes of this Section, the service of any portion of a
term, no matter how small, shall be considered a full term.
D.
In no instance may a Legislator serve more than four terms or 12
years, whichever is less.
E.
Any person serving more than four (4) terms or twelve (12) years
as a Legislator at the time of the adoption of this local law, shall
be permitted to run for one (1) additional three (3) year term.
[1]
Editor's Note: This local law also provided for an effective
date of 2-1-2014.
At the time of his or her nomination and election,
and throughout his or her term of office, each County Legislator shall
be and shall remain an elector of the district from which he or she
is elected. No County Legislator shall hold any other elected public
office during the term for which he or she is elected to the County
Legislature.
The County Legislature shall be the legislative,
appropriating and policy-determining body of the County. Except as
may otherwise be provided in this Charter, it shall have and exercise
all the legislative powers and duties now or hereafter conferred or
imposed upon it by this Charter or upon a board of supervisors or
the legislative body of a county by state law, together with all the
powers and duties necessarily implied or incidental thereto. The County
Legislature shall have, but not by limitation, the following powers
and duties:
(a)
To adopt by resolution all necessary rules and regulations
for its conduct and procedure;
(b)
To make appropriations, levy taxes, incur indebtedness
and adopt the County budget;
(c)
To exercise all powers of local legislation in relation
to enacting, amending or rescinding local laws, Charter laws, legalizing
acts or resolutions;
(d)
To adopt, amend and repeal by local law an Administrative
Code which shall set forth the details of the administration of the
County government consistent with the provisions of this Charter;
(e)
To confirm, when required, the appointments made by the County Executive according to the procedure cited in § 2.08 of this article;
(f)
To create, alter, combine or abolish by local law
County administrative units not headed by elective officers;
(g)
To fix by resolution the compensation of all officers
and employees paid from County funds except members of the judiciary
and employees whose salary is set by the Board of Elections pursuant
to Section 3-300 of the Election Law; also except that the compensation
of any elected official paid from County funds shall not be decreased
during his or her term of office.
[Amended 4-8-2015 by L.L.
No. 7-2015]
(h)
To fix by resolution the compensation to be paid from
County funds for persons who are rendering service to or in behalf
of the County but who are not officers or employees of the County;
(i)
To make or cause to be made such studies, audits and
investigations as it deems to be in the best interest of the County,
and in connection therewith to obtain professional and technical advice,
appoint temporary advisory boards of citizens, subpoena witnesses,
administer oaths and require the production of bonds, papers and other
evidence deemed necessary;
(j)
To fix the amount of bonds of officers and employees
paid from County funds;
(k)
To designate annually by resolution one, but not more
than three newspapers published within the County of all enactments,
notices and other matters required by law;
(l)
To establish or abolish positions of employment and
titles thereof;
(m)
To fill vacancies in any elective county offices except
the judiciary in accordance with this Charter and other applicable
laws;
(n)
To designate one or more depositories for the deposit
of all monies received by the Commissioner of Finance;
(o)
To fix the amount of the annual salary of its members
by resolution provided, however, that the Chair shall receive an additional
stipend of 25% of such annual salary;
(p)
To determine and make provision for any matter of
County government not otherwise provided for;
(q)
To appoint, as deemed necessary and proper, by resolution
duly adopted, outside counsel on a per case basis;
[Added 8-1-2017 by L.L.
No. 10-2017]
(r)
To appoint, or consent to be appointed, by resolution duly adopted,
a mediator or arbitrator in any collective bargaining labor dispute
or negotiation involving the County as an employer.
[Added 8-1-2017 by L.L.
No. 10-2017[1]]
[1]
Editor’s Note: This local law also provided for the
redesignation of former Subsection (r) as Subsection (s).
(s)
Publication
requirements.
[Added 8-3-2010 by L.L. No. 16-2010]
(1)
The notice hearing to be held by the County Executive for the adoption
of a local law as provided for in § 3.04-B of the Charter
shall contain an abstract of the provisions thereof and shall include
the location and availability of a copy of the actual text of each
local law.
(2)
Upon adoption of each local law of the County of Putnam the Clerk
of the Legislature shall cause the publication once in the official
newspapers of the County of the Notice of Adoption of said local law
and an abstract of the provision thereof. Said notice shall include
the location and availability of a copy of the actual text of each
local law. This publication shall be in lieu of that required by County
Law 214(2), which is hereby expressly superseded by this local law.
(t)
To
require the production or inspection of documents, records, bonds,
papers and other information kept, held, maintained, or in possession
of any officers or employee paid from County funds as deemed necessary;
[Added 7-6-2021 by L.L. No. 7-2021]
(u)
To
establish, review, and approve policies to be followed by all officers
and employees paid from County funds.
[Added 7-6-2021 by L.L. No. 7-2021]
The County Legislature shall, on the first Tuesday
after the first Monday in January of each year or as soon thereafter
as practicable, meet and organize by election from among its members
a Chair, a Deputy Chair and such other legislative officials as it
deems appropriate. The Chair shall appoint members of the County Legislature
to serve on such legislative committees as are provided by the rules
of the County Legislature. The County Clerk shall serve as Chair until
such time as the County Legislature itself elects a Chair.
[Amended 9-7-2021 by L.L. No. 12-2021]
Effective December 31, 2022, the County Legislature
shall, by the thirty first day in December, and every three years
thereafter, appoint a Clerk who shall serve at the pleasure of the
County Legislature. From time to time the Clerk shall appoint such
additional personnel as are required for the efficient operation of
the office of the Clerk within the appropriations provided therefor.
If a vacancy should occur in the office of County
Legislator, such vacancy shall be filled at the next general election
for the remainder of the unexpired term. The County Legislature shall
appoint a qualified elector of the district in which the vacancy occurred
to serve until a successor has been elected and qualified.
[Amended 7-1-2003 by L.L. No. 13-2003; 9-7-2010 by L.L. No.
20-2010; 7-6-2021 by L.L. No. 8-2021]
Confirmation of appointments submitted to the
County Legislature, except as otherwise provided by the Charter, shall
be the affirmative vote of a majority of the whole number of members
of the County Legislature taken at a regular or special meeting. Said
vote shall be taken no longer than sixty (60) days after such appointment
has been filed with the Clerk of the Legislature and shall include
the committee review process. If the County Legislature shall fail
to approve or disapprove any appointment on or before the sixtieth
(60th) day, such appointment shall be deemed approved and take effect
at that time.
[Amended 12-7-2010 by L.L. No. 5-2011; 7-6-2021 by L.L. No. 9-2021]
The County Legislature shall, on an annual basis,
provide that an independent audit be performed of the accounts of
the County and of every County department, office and agency. Such
audit shall be made by a qualified accountant or accounting firm,
so designated by the Legislature, which has no personal or professional
conflict of interest with respect to the affairs of the County or
of any of its departments, offices or agencies. Additional audits
may be commissioned by the County Legislature at any time.
[Amended 10-5-2010 by L.L. No. 19-2010; 9-7-2021 by L.L. No. 13-2021]
Effective January 1, 2001, the County Legislature
shall on the first day in January or as soon thereafter as practicable,
and every three years thereafter, appoint an Auditor who shall serve
at the pleasure of the County Legislature. The Auditor and all full-time
managerial employees in the department shall serve on a full-time
basis and shall not engage in any private practice, nor be employed,
in their field of expertise with the County by any private or other
governmental entity. The Auditor shall be supervised by the County
Legislature.
(a)
Powers and duties of the Auditor shall include:
(1)
Auditing and certifying for payment all lawful claim and charge against
the County, whether for payroll or otherwise, or against funds for
which the County is responsible in whole or in part;
(2)
Certifying the availability of funds for all requisitions, contracts,
purchase orders and other documents by which the County incurs financial
obligations or for the expenditure of funds for which the County is
responsible;
