[Derived from Charter Sec. 207]
The County Legislature shall determine the qualifications of
its members, for which purpose it shall have the power to subpoena
witnesses, require the production of records and take testimony. Decisions
made in the exercise of the powers granted by this section shall be
deemed administrative and not legislative and shall be subject to
review by the courts.
[Derived from Charter Sec. 208; amended 3-24-1987 by L.L. No.
39-1987; 9-26-1989 by L.L. No. 32-1990]
A. The members of the County Legislature shall hold an organization
meeting on the first business day in January of each year unless the
first business day in January falls on a Friday, in which case the
County Legislature shall hold its organizational meeting on the following
Monday. At this meeting, the County Legislature shall elect from its
own members a Presiding Officer and a Deputy Presiding Officer and
shall adopt the rules of its own proceedings, in that order. In the
event that the County Legislature is unable to select a Presiding
Officer on or before January 15 of any given year, the County Clerk
of the County of Suffolk shall appoint a member of the County Legislature
as Presiding Officer, who shall serve until the end of the calendar
year in which he or she is appointed, anything to the contrary in
the New York County Law notwithstanding.
[Amended 8-19-2008 by L.L. No. 34-2008]
B. The members may also conduct such other business at the organizational
meeting as may be authorized under the rules of the County Legislature's
proceedings.
[Derived from Charter Sec. 209; amended 3-24-1987 by L.L. No.
3-1987; 9-26-1989 by L.L. No. 32-1990]
A. The Presiding Officer of the preceding year shall preside at any
organizational meeting at which a Presiding Officer shall be elected
until the Presiding Officer has been elected by not less than a majority
of the total membership of the County Legislature, whereupon such
newly elected Presiding Officer shall preside. In the event that such
former Presiding Officer is unable to attend such meeting due to death,
disability, incapacity or refusal to serve, then the Deputy Presiding
Officer of the preceding year shall preside at any organizational
meeting at which a Presiding Officer shall be elected until the Presiding
Officer has been elected by not less than a majority of the total
membership of the County Legislature, whereupon such newly elected
Presiding Officer shall preside. In the event that the former Deputy
Presiding Officer is unable to attend such meeting due to death, disability,
incapacity or refusal to serve, then the most senior member of the
Legislature, calculated on the day of the organizational meeting on
the basis of total accumulated number of years of service as a member
of the County Legislature, consecutive or otherwise, shall preside
at any organizational meeting at which a Presiding Officer shall be
elected until the Presiding Officer has been elected by not less than
a majority of the total membership of the County Legislature, whereupon
such newly elected Presiding Officer shall preside.
B. In the event of a tie vote for the election of such Presiding Officer
of the County Legislature, the County Legislature shall continue in
session and conduct as many roll call votes as shall be necessary
to break the tie.
C. In the event of a tie vote for the election of the Deputy Presiding
Officer of the County Legislature, the Presiding Officer shall appoint
the Deputy Presiding Officer. In the event that the County Legislature
is unable to select a Deputy Presiding Officer for a reason other
than a tie vote, on or before January 15 of any given year, the County
Clerk of the County of Suffolk shall appoint a member of the County
Legislature as Deputy Presiding Officer, who shall serve until the
end of the calendar year in which he or she is appointed, anything
to the contrary in the New York County Law notwithstanding.
D. For the purposes of this section, a "tie vote" shall mean nine votes
in favor of a candidate for Presiding Officer or Deputy Presiding
Officer and either nine votes against such candidate or nine votes
in abstention.
E. For the purposes of this section, an abstention shall not be counted
as a vote against a candidate.
[Derived from Charter Sec. 210; amended 3-13-2012 by L.L. No.
23-2012]
The Presiding Officer shall preside and act as chairman of all
meetings of the County Legislature, establish standing and special
committees of the Legislature and appoint the members of the committees
and perform such other functions as are assigned to him by rules of
the County Legislature. He may call special meetings of the County
Legislature.
[Derived from Charter Sec. 211; amended 7-29-2014 by L.L. No.
22-2014]
A. In the event the office of Presiding Officer becomes vacant due to
death, disability, resignation or any other cause, such vacancy shall
be filled by the County Legislature at a regular meeting within 60
days after such vacancy occurs. The Deputy Presiding Officer shall
exercise all the powers, duties and functions of the Presiding Officer
until such time as the Legislature fills the vacancy. In the event
the County Legislature is unable to fill the vacancy within 60 days,
the Deputy Presiding Officer shall assume the office of Presiding
Officer and serve in that capacity for the unexpired term of his predecessor.
B. In the event the office of Deputy Presiding Officer becomes vacant
due to death, disability, resignation or any other cause, such vacancy
shall be filled by the County Legislature at a regular legislative
meeting within 60 days after such vacancy occurs. In the event the
County Legislature is unable to fill the vacancy within 60 days, the
Presiding Officer shall appoint a member of the County Legislature
as the Deputy Presiding Officer. The Legislator appointed to fill
a vacancy in the office of Deputy Presiding Officer pursuant to this
section shall serve in that capacity for the unexpired term of his
predecessor.
[Derived from Charter Sec. 214]
A. The County Legislature shall hold regular meetings at intervals specified
in the rules of its proceedings.
B. Special meetings of the County Legislature.
[Amended 4-12-2022 by L.L. No. 24-2022]
(1) Special
meetings of the County Legislature shall be held upon the direction
of the Presiding Officer or County Executive or upon written request
signed by a majority of the members of the County Legislature.
(2) Special
meetings shall only be conducted at the Rose Y. Caracappa Legislative
Auditorium in the William H. Rogers Legislature Building, Hauppauge,
or the Maxine S. Postal Legislative Auditorium in the Riverhead County
Center, Riverhead.
(3) The rules of the County Legislature's proceedings required to be adopted in writing by the Legislature pursuant to §
C2-7 of the Suffolk County Charter shall contain a list of print, television and digital news media outlets to be provided notice of a special meeting of the Legislature.
(4) The
officeholder calling for the meeting shall ensure that notice, in
writing, of the time, place and purpose of the special meeting shall
be given to each member at least two days before the date fixed for
holding the meeting, or a member may waive such notice by a writing
signed by him.
(5) The Clerk of the Legislature shall cause a copy of the special meeting notice to be sent to the County's official newspapers, the official town newspapers, the daily newspaper of general circulation with the greatest print circulation in Suffolk County, and any other print, television and/or media outlets on the list contained in the Rules of Legislature pursuant to Subsection
B(3) of this section at least 24 hours prior to the special meeting. If pursuant to Subsection
B(4), all legislators waive the two-day notice requirement, then the Clerk of the Legislature shall provide notice pursuant to Section 104 of the New York Public Officer's Law.
(6) Only
business, including the enactment of local laws or resolutions, specified
in the notice thereof may be transacted at a special meeting.
C. Any meeting under this section may be adjourned from time to time.
D. The County
Legislature and any committees or subcommittees of the County Legislature
may use videoconferencing to conduct its meetings pursuant to the
requirements of Article 7 of the New York Public Officers Law, provided
that a quorum of the membership is present in the same physical location
or locations where the public can attend and the following criteria
are met:
[Added 7-26-2022 by L.L. No. 30-2022]
(1) Members of the Legislature shall be physically present at any such
meeting unless such member is unable to be physically present at any
such meeting location due to extraordinary circumstances, including:
(c)
Caregiving responsibilities; or
(d)
Any other significant or unexpected factor or event which precludes
the member's physical attendance at such meeting;
(2) Except in the case of executive sessions conducted pursuant to § 105
of the New York Open Meetings Law, any legislator appearing via videoconferencing
must be heard, seen and identified, while the meeting is being conducted,
including but not limited to any motions, proposals, resolutions,
and any other matter formally discussed or voted upon;
(3) For any meeting for which videoconferencing is to be used to conduct
the meeting, the public notice for the meeting shall inform the public
that videoconferencing will be used, where the public can view and/or
participate in such meeting, where required documents and records
will be posted or available, and identify the physical location for
the meeting where the public can attend;
(4) Any meeting conducted using videoconferencing shall be recorded and
such recordings posted or linked on the County Legislature's website
within five business days following the meeting and shall remain so
available for a minimum of five years thereafter and transcripts of
such recordings shall be provided upon request;
(5) The minutes of any meeting in which videoconferencing was utilized
shall include which, if any, members of the County Legislature participated
remotely and shall be available to the public pursuant to § 106
of the New York Open Meetings Law;
(6) Members of the public must be provided the opportunity to view such
meeting via video and to participate in proceedings via videoconference
in real time where public comment or participation is authorized and
must be provided with the same public participation or testimony as
in-person participation or testimony;
(7) These procedures as well as any procedures contained in the Rules
of the County Legislature shall be conspicuously posted on the County
Legislature's website; and
(8) The in-person participation requirements of New York Open Meetings Law § 103-a(2)(c) shall not apply during a state disaster emergency declared by the New York State Governor pursuant to New York Executive Law §
28 or a local state of emergency proclaimed by the County Executive pursuant to §
24 of the New York Executive Law, if the County Legislature determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the County Legislature to hold an in-person meeting.
[Derived from Charter Sec. 216]
A. All meetings of the County Legislature shall be public. Prior to
the commencement of any meeting, there shall be available to the public
a calendar of the matters to be considered at such meeting.
B. The records of the County Legislature on matters placed upon the
calendar and any and all actions taken and proceedings had by the
County Legislature shall be available for inspection during office
hours of the Clerk of the County Legislature.
[Derived from L.L. No.
1-1970]
A. Legislative hearing in the case of emergency matters; form and time
of notice. Whenever the County Executive certifies the necessity of
the immediate passage of a local law, notice of the legislative public
hearing shall be made forthwith by public announcement that such hearing
will be held at a specified time not less than one hour later, at
such place as the Legislature is then sitting, and by the posting
forthwith on a bulletin board which shall be maintained by the Clerk
of the Legislature of a copy of such proposed local law and a notice
of the time and place of the hearing.
B. Legislative hearing in routine cases by entire Legislature; form
and time of notice. Whenever a local law is introduced and it is determined
that the entire County Legislature will hold a public hearing thereon,
notice thereof shall be given by posting on the bulletin board of
the Clerk of the Legislature and by publication in the official County
papers. Such notice shall state the time when and the place where
the Legislature shall convene for such hearing, which normally will
be at the next regularly scheduled meeting. In any event, the posting
and publication shall be not less than three days nor more than 15
days before the date of the hearing. In the case of the bulletin board
notice, a copy of the proposed local law shall be attached; and in
the case of the published notice, a synopsis shall be provided.
C. Legislative hearing by committee; form and time of notice. Whenever
a local law is introduced and thereafter referred to a committee to
hold a public legislative hearing and report thereon, the time and
place of the hearing shall be determined by the committee or the chairman
thereof, and notice shall be given by posting such time and place,
together with a copy of the proposed local law, on the bulletin board
of the Clerk of the Legislature. Such notice shall be posted not less
than three days nor more than 15 days before the date of the hearing.
[Derived from Res. No.
109-1973]
The Presiding Officer may fix the time and place at a regularly
scheduled meeting for holding public hearings on cemetery applications,
airport leases, franchises and all other matters other than condemnation
proceedings and local laws and direct, on behalf of the Legislature,
that the Clerk give due notice thereof; and upon so doing, the Presiding
Officer shall forward to the appropriate committee a copy of the request
or petition initiating the requirement of a hearing.
[Derived from Charter Sec. 217]
The members of the County Legislature shall receive such compensation
as may be fixed by resolution.
[Derived from Charter Sec. 218(b)]
The Clerk of the County Legislature shall maintain the records
of the County Legislature, discharge such other duties as may be prescribed
in the Charter, by law or by rule of the Legislature's proceedings,
and perform such other functions as may be assigned to him by the
Presiding Officer.
[Derived from Charter Sec. 225, as added 9-1-1970 by L.L. No.
22-1970; amended 3-25-1980 by L.L. No. 10-1980]
The Official Map of Suffolk County shall set forth:
A. All existing rights-of-way for County, state and federal highways,
roads, parkways and expressways.
B. All County-, state- and federally owned land within the County, held
for government use, including parks and sites for government buildings.
C. All watercourses and major drainage structures within the County.
D. As appropriate, all projects itemized in the capital program.
E. All state capital projects for which boundaries have been established
in accordance with state law.
F. All federal capital projects for which boundaries have been established
in accordance with federal law.
G. Such other items as may be appropriate.
[Derived from Charter Sec. 227, as added 9-1-1970 by L.L. No.
22-1970]
A. The requirements of Article
II of the Suffolk County Charter shall apply to any local law or resolution to amend the Official Map, and any such local law or resolution may be adopted by a vote of a majority of the total membership of the County Legislature, subject to §
C2-15C of the Charter.
B. The County Legislature may, but need not, refer a proposed change
in the Official Map to one or more agencies of County government for
comment before acting on such proposal.
C. If any proposed change in the Official Map would affect any municipality
in Suffolk County, the County Legislature shall refer such proposal
to each of the municipalities affected for comment within 30 days
of reference. The County Legislature shall take any timely municipal
comment into account, but shall not be bound by it.
[Derived from L.L. No.
1-1965]
The County of Suffolk, through such of its officers and agencies
as may be designated by resolution of its County Legislature and within
the appropriations as may from time to time be made for such purposes,
shall have the power to agree with the federal government to undertake
and provide cooperatively, jointly or by contract any and all of the
programs authorized by the Economic Opportunity Act of 1964, and any
amendments thereto, and to make application for and receive and disburse
federal funds in connection with such programs.
[Derived from L.L. No.
3-1965; amended 8-28-2002 by Res. No. 835-2002; 3-15-2005 by L.L. No. 11-2005]
A. The Legislature of the County of Suffolk may appropriate annually
an amount not to exceed $7,500 for the purpose of defraying the expenses
of the proper observance of Memorial or Decoration Day at the Long
Island National Cemetery, Pinelawn, New York, and at Calverton National
Cemetery in Calverton, New York, and at grave sites of veterans buried
in other cemeteries within the County of Suffolk, and such observance
is hereby declared a County purpose. The Legislature may raise money
therefor by tax in the same manner as other County charges are levied
and collected. The Legislature may appropriate such moneys to a committee
of several veterans' (or other patriotic) organizations, which shall
be known as the "Long Island National Cemetery Memorial Committee,"
as may be determined by the Veterans and Seniors Committee of the
Suffolk County Legislature, or any successor committee thereto, and
such moneys shall be used and expended by the Long Island National
Cemetery Memorial Committee for the proper observance of such day.
In such event, the head of the Long Island National Cemetery Memorial
Committee and the disbursing officer thereof shall file a report thereof
with the Legislature not later than 30 days after the observance of
Memorial or Decoration Day, showing the money received from the County
pursuant to the provision of law and the vouchers for the disbursement
thereof.
B. This section shall supersede the County Law of 1909, Chapter 16, §
12, Subdivision 49-d, as added by the Laws of 1945, Chapter 117, as revised by Chapter 691 of the Laws of 1950, in its application to Suffolk County.
[Derived from L.L. No.
10-1973]
Pursuant to the provisions of § 77-b of the General
Municipal Law, there is hereby delegated to the County Executive and
the Presiding Officer the authority to approve the payment of costs
of memberships, not to exceed $1,000 for any one membership, by County
officers and employees, in associations, agencies or organizations
where such membership is a proper charge against the County for the
betterment of municipal government.
[Derived from L.L. No.
16-1972]
Pursuant to the provisions of § 77-b of the General
Municipal Law, there is hereby delegated to the County Executive and
the Presiding Officer the authority to approve the payment of tuition
and expenses and the attendance of County officers and employees at
schools, seminars, institutes and the like conducted for the betterment
of municipal government.
[Added 9-9-2020 by L.L. No. 39-2020]
A member of the Legislature who is leaving office shall take
reasonable steps between Election Day and the end of his or her term
("the transition period") to ensure an efficient and effective transition
with his or her successor.
A. An outgoing member or the Legislature shall allow his or her successor
access to their district office at least once during normal business
hours (Monday through Friday, 9:00 a.m. to 5:00 p.m.) by no later
than December 1, so that the incoming legislator and his or her staff
can evaluate the space and their needs for furniture, equipment and
supplies.
B. An outgoing member will maintain and deliver to his or her successor
all documents and records relating to constituents who have requested
assistance from the member's office, which matters remain open and
unresolved at the end of his or her term.
C. An outgoing member shall deliver a copy of the keys to his or her
District Office to the Presiding Officer no later than five business
days before the end of the transition period.