The County Legislature shall be the legislative, appropriating
and policy-determining body of the county. The County Legislature
shall have and exercise all powers and duties of the county, except
as provided in this County Charter Law, now or hereafter conferred
by applicable law and any and all powers necessarily implied or incidental
thereto. In addition to all powers conferred by the foregoing or other
provisions of this law, the County Legislature shall have the power,
among others:
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 budget.
c. To exercise all powers of local legislation in relation to enacting,
amending or rescinding local laws, legalizing acts or resolutions,
which shall all be binding upon the County Executive, the Legislature
and all department heads.
[Amended 7-1-2014 by L.L. No. 4-2014]
d. To adopt, amend and repeal by local law an Administrative Code which shall set forth the details of administration of
the county government consistent with the provisions of this law and
which may contain revisions, simplifications, consolidations, codifications
and restatements of special laws, local laws, resolutions, rules and
regulations consistent with this law or amendments thereto.
e. By local law to create, alter, combine or abolish county administrative
units.
f. To create and abolish positions and to fix the compensation of all
officers and employees paid from county funds, except that the compensation
of any elected official or official appointed for a fixed term paid
from county funds shall not be changed during his or her term of office,
except as in accordance with the provisions of the Municipal Home
Rule Law.
[Amended 7-1-2014 by L.L. No. 4-2014]
g. 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 in investigations, subpoena witnesses,
administer oaths and require the production of books, papers and other
evidence deemed necessary or material to such investigation, all in
furtherance of its legislative functions.
h. To fix the amount of bonds of officers and employees paid from county
funds.
i. To determine and fix real property tax equalization rates among the
various taxing districts of the county for county purposes consistent
with standards prescribed by the Legislature of the State of New York
and file the same in accordance with applicable law.
j. To determine and make provision for any matter of county government
not otherwise provided for.
[Amended 7-1-2014 by L.L. No. 4-2014]
k. To provide for the annual audit of the books and records of the county
by independent auditors.
l. To approve the execution of all contracts in excess of $100,000 entered
into by the county.
[Added 6-18-1996 by L.L. No. 18-1996]
m. To approve any extensions of appointments to temporary positions
with an annualized salary of $75,000 or more that were originally
made by the County Executive for a period not to exceed seventy-five
(75) days and that may subsequently be extended for up to seventy-five
(75) days at a time with the approval of the Legislature. The failure
of the Legislature to consider and either confirm or reject the extension
within the seventy-five days (75) shall not result in the abolishment
of the position without legislative action.
[Added 7-1-2014 by L.L. No. 4-2014]
[Amended 7-1-2014 by L.L. No. 4-2014]
Every local law, resolution and budget amendment shall be certified
by the Clerk to the County Legislature after its passage by such body
and thereafter every such local law and resolution, except resolutions
establishing the rules and regulations of the Legislature, the setting
of a date for a public hearing, other matters pertaining solely to
the conduct of its own procedures including the election of a Chairperson
and Vice-Chairperson, the confirmation or rejection of County Executive
appointments, and appointments vested solely in the Legislature by
this Charter or local law, shall be presented to the elected County
Executive within five days of such passage for approval by him or
her, except for budget amendments which are provided for in § C4.08
of this Charter. If such officer approves it, he or she shall sign
it and return it to such Clerk; it shall then be deemed to have been
adopted. If he or she disapproves it, he or she shall return it to
the Clerk with his or her objections stated in writing, and the Clerk
shall present the same with such objections to the County Legislature
at its next regular meeting, and such objections shall be entered
in its record, journal or minutes of proceedings. The Legislature,
within thirty days from the date of said regular meeting, may reconsider
the same. If after such reconsideration such local law or resolution
is adopted by a vote of at least two-thirds of the total voting power
of the legislative body taken to the next highest whole number, it
shall be deemed adopted. Only one vote shall be had upon such reconsideration.
If, within twenty-one days after a local law or resolution shall have
been presented to him or her, the County Executive shall neither approve
it nor return it to the Clerk with his or her objections, it shall
be deemed to be adopted in like manner as if he or she had signed
it. At any time prior to such adoption or to the return of a local
law or resolution by the County Executive, as the case may be, the
legislature may recall the same and reconsider its action thereon.
Vacancies which occur on the County Legislature shall be filled
by appointment by the Legislature of Rockland County from among qualified
electors of the legislative district from which the vacancy occurred.
A majority of the total voting power of the Legislature shall be required.
The appointment shall be made within thirty days after the vacancy
occurs. If the appointment is not made within said thirty days, a
special election shall be conducted to fill the vacancy within ninety
days after the vacancy; provided, however, that if there shall be
a general election within one hundred twenty days after said vacancy
occurs, the vacancy shall be filled at the general election. The person
so appointed shall hold office until the commencement of the calendar
year next succeeding the first annual election at which the vacancy
may be filled.
Any successor who shall be so appointed or elected shall possess
all the qualifications required of members of the County Legislature
set forth in this law.
[Amended 7-1-2014 by L.L. No. 4-2014]
On January first of each year or as soon thereafter as practicable,
the County Legislature shall meet and organize by electing from among
its members a Chairperson and Vice-Chairperson who shall serve for
the balance of the year so appointed and such other officials as are
deemed required. The Chairperson shall appoint members of the County
Legislature to serve on such committees as are provided by the rules
of such Legislature. The Clerk of the County Legislature shall preside
at all meetings of the Legislature until such time as a Chairperson
has been designated by election. The failure to elect a Chairperson
or appoint committee members shall not prevent the County Legislature
from transacting its ordinary business. In the event there is a vacancy
in the position of Chairperson, the Vice-Chairperson shall serve as
acting Chairperson until either a new Chairperson is elected or for
the balance of the calendar year. In the event there is a vacancy
in the position of Vice-Chairperson, the vacancy shall be filled by
majority vote of the full Legislature.
On January first of each year or as soon thereafter as practicable,
the County Legislature shall appoint a Clerk who shall serve for the
balance of the year so appointed and until a successor is appointed
and has qualified, and, from time to time, the Clerk shall appoint
at least one deputy and such additional personnel as are required.
[Amended 6-18-1996 by L.L. No. 17-1996; 7-1-2014 by L.L. No. 4-2014]
1. Resolutions
regarding appointments made by the County Executive, which require
confirmation by the County Legislature, shall be presented to the
Clerk to the Legislature within ten days of the appointment by the
County Executive and at least ten days prior to the next scheduled
full legislative meeting. If the Legislature fails to vote upon and
either confirm or reject the appointment within sixty days from the
first full legislative meeting that the appointment could have been
considered, the appointment shall be deemed confirmed.
2. Before
being voted on by the full Legislature, every appointment shall be
discussed in the appropriate legislative committee, whose Chair shall
present the recommendation of the committee members to the full Legislature.
3. If a resolution
to appoint fails to pass after a vote of the full Legislature within
sixty (60) days from the first full legislative meeting that the appointment
could have been considered, the appointment shall be deemed rejected
with no further action by the Legislature.
4. When an
appointment is rejected by the Legislature, the same appointment may
not be resubmitted by the County Executive without the approval of
the Legislature.