Rockland County, NY Article XX General and Transitional Provisions

§ C20.01 Existing laws continued.

Except as otherwise provided in this law, 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enactments, including special acts having the force of law, shall continue in force until lawfully amended, modified, superseded or repealed.

§ C20.02 Continuation of authority.

The performance of functions pursuant to the provisions of this law 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 law may be conducted and completed by the county officer or administrative unit responsible therefor under this law or any administrative code adopted thereunder.

§ C20.03 Civil service rights continued.

The civil service rights of all county employees and their beneficiaries shall not be affected by this law. The civil service rights of all employees transferred in any case authorized by this law shall be continued as provided by the Civil Service Law.

§ C20.04 Transfer of functions, duties and personnel; other county departments, boards, offices and agencies.

a. Except as herein specifically otherwise provided, all county departments, boards, offices and units shall continue as provided by law, except that the members thereof required to be appointed by county government shall be appointed by the County Executive as provided in Article III.

b. The term of office of the personnel officer shall not be affected by this Charter and shall remain as provided in § 15 of the Civil Service Law. The term of office of the Commissioner of Social Services shall not be affected by this Charter and shall remain as provided in § 116 of the Social Services Law.

c. Any county officer appointed for a fixed term prior to the effective date of this Charter shall continue his or her office for the balance of the unexpired term.

[Amended 7-1-2014 by L.L. No. 4-2014[1]]

[1] Editor’s Note: This local law was approved by the County Legislature 8-7-2014 over the veto of the County Executive and was approved at referendum 11-4-2014.

d. Nothing contained in this Charter is intended to constitute a transfer of any function or duty to or from any town or village or an abolition of any office, department or unit of government of a town or village in the county. If any provision of this Charter is construed by any court of competent jurisdiction to constitute any such transfer or abolition, such provision shall be deemed to be optional as it affects the towns or villages and be effective only upon approval by the governing boards of such towns or villages.

e. Except as otherwise provided in this Charter, all deputies, officers or employees of each department, office or other administrative unit shall be appointed by the head thereof, subject to appropriate provisions of the Civil Service Law.

§ C20.05 Charter clarification.

If any provision of this law is not clear or requires elaboration in its application to the county, the County Legislature may interpret such provision in a local law not inconsistent with the provisions of the Municipal Home Rule Law. Where any question arises concerning the transition to a County Charter Law which is not provided for herein, the County Legislature may provide for such transition by a local law not inconsistent with the provisions of the Municipal Home Rule Law.

§ C20.06 Amendment of Charter Law.

[Amended 7-1-2014 by L.L. No. 4-2014[1]]

This Charter may be amended or repealed in whole or in part in accordance with the provisions of the Municipal Home Rule Law; provided however, that any amendment or proposal to repeal in whole or in part which is subject to a permissive referendum under the Municipal Home Rule Law shall require a mandatory referendum before it becomes operative to affect this Charter, and further provided that any amendment or repeal of Articles I, II, III, IV, XVIII and XX shall be subject to a mandatory referendum to be submitted for the approval of the electors at the next general or special election in all towns of Rockland County held not less than sixty (60) days after the adoption thereof; and further provided that any amendment or repeal which is not subject to mandatory referendum by the terms of this section shall not take effect until at least forty-five (45) days after its adoption; nor until approved by the affirmative vote of a majority of the qualified electors of Rockland County voting on a proposition for its approval if within forty-five (45) days after its adoption there be filed with the Clerk to the Legislature a petition protesting against such amendment or repeal, signed and authenticated as herein required by qualified electors of Rockland County, registered to vote therein at the last proceding general election, in number equal to at least ten (10%) per centum of the total number of votes cast for governor at the last gubernatorial election in Rockland County. If such petition be so filed, a proposition for the approval of such amendment or repeal shall be submitted at the next general or special election in all towns of Rockland County held not less than sixty (60) days after the filing of such petition. The petition may be made upon separate sheets, and the signatures to each sheet shall be signed and authenticated in the manner provided by the Election Law for the signing and authentication of designating petitions so far as applicable. The several sheets so signed and authenticated when fastened together and offered for filing shall be deemed to constitute one petition. The Clerk shall examine each such petition so filed with him or her and shall, not later than thirty (30) days after the date of its filing, transmit to the legislative body a certificate that he or she has examined it and has found that it complies or does not comply, as the case may be, with all the requirements of law. If within thirty (30) days after the filing of such a petition a written objection thereto be filed with the Supreme Court of Rockland County, such Court shall determine any question arising thereunder and make such order as justice may require. Such proceeding shall be heard and determined in the manner prescribed by Article 78 of the Civil Practice Law and Rules.

[1] Editor’s Note: This local law was approved by the County Legislature 8-7-2014 over the veto of the County Executive and was approved at referendum 11-4-2014.

§ C20.07 Separability.

If any provision of this County Charter Law 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 provisions involved.

§ C20.08 County Charter Law to be liberally construed.

This County Charter Law shall be liberally construed to achieve its objectives and purposes.

§ C20.09 Mandatory referendum and effective date.

This local law shall be subject to a mandatory referendum and shall be submitted for the approval of the electors of the County of Rockland at the next general election to be held on November six, nineteen hundred eighty-four. In the event that this local law is approved by a majority of the electors voting thereon, the provisions of this local law providing for the election of County Executive shall become effective, and there shall be an election for the office of County Executive to be held at the next general election to be held on November five, nineteen hundred eighty-five. The provisions of the remainder of this local law shall be effective of January first, nineteen hundred eighty-six.