Suffolk County, NY Article II County Legislature

§ A2-1 Determination of qualifications of members.

[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.

§ A2-2 Organization.

[Derived from Charter Sec. 208; amended 3-24-1987 by L.L. No. 39-1987[1]; 9-26-1989 by L.L. No. 32-1990[2]]

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.

[1] Editor's Note: This local law was approved at referendum 11-3-1987.

[2] Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 4-15-1989 and was approved at referendum 11-6-1990.

§ A2-3 Election of Presiding Officer.

[Derived from Charter Sec. 209; amended 3-24-1987 by L.L. No. 3-1987[1]; 9-26-1989 by L.L. No. 32-1990[2]]

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.

[1] Editor's Note: This local law was approved at referendum 11-3-1987.

[2] Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 4-15-1989 and was approved at referendum 11-6-1990.

§ A2-4 Functions of Presiding Officer.

[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.

§ A2-5 Filling vacancy in offices of Presiding Officer and Deputy Presiding Officer.

[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.

§ A2-6 Meetings.

[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]]

(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.

[1] Editor's Note: This local law also repealed former Subsection B, as amended 4-27-2010 by L.L. No. 20-2010, which set forth provisions on special meetings of the County Legislature.

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:

(a) Disability;

(b) Illness;

(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.

§ A2-7 Meetings to be public; record of proceedings.

[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.

§ A2-8 Hearings on local laws.

[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.

§ A2-9 Functions of Presiding Officer relative to hearings.

[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.

§ A2-10 Compensation of County Legislators.

[Derived from Charter Sec. 217]

The members of the County Legislature shall receive such compensation as may be fixed by resolution.

§ A2-11 Functions of Clerk of County Legislature.

[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.

§ A2-12 Elements of Official Map.

[Derived from Charter Sec. 225, as added 9-1-1970 by L.L. No. 22-1970;[1] 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.

[1] Editor's Note: This local law was approved at referendum 11-3-1970.

§ A2-13 Amendments to Official Map.

[Derived from Charter Sec. 227, as added 9-1-1970 by L.L. No. 22-1970[1]]

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.

[1] Editor's Note: This local law was approved at referendum 11-3-1970.

§ A2-14 Participation with federal government in certain antipoverty programs.

[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.

§ A2-15 Appropriations for Memorial Day.

[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.

§ A2-16 Authority to approve payment of membership costs in certain organizations.

[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.

§ A2-17 Authority to approve payment of expenses for attendance at certain educational activities.

[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.

§ A2-18 Transitioning legislators; rights and duties.

[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.