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modified, superseded or repealed.
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.
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.
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.
[Amended 7-1-2014 by L.L. No. 4-2014]
This Charter may be amended or repealed in whole or in part in accordance with the provisions of the Municipal Home Rule Law; provided however, that any amendment or proposal to repeal in whole or in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.
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.
This County Charter Law shall be liberally construed to achieve
its objectives and purposes.
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.