There shall be an elected County Legislature, which shall determine
County policies and exercise such other functions as may be assigned
to it by state law, this Charter or local law.
The County Legislature shall exercise the County's powers of
local legislation and appropriation, in accordance with the provisions
of this Charter.
[Amended 4-7-1993 by L.L. No. 12-1993; 5-15-2003 by L.L. No.
22-2003; 6-7-2005 by L.L. No. 18-2005; 4-24-2007 by L.L. No.
14-2007]
A.
The County shall be divided into 18 County legislative districts,
numbered from 1 to 18, inclusive. One County Legislator shall be elected
from each County legislative district.
B.
The County Legislative Districts currently in effect are continued, until changed pursuant to Subsections C and D of this section, and § C21-4C of the Suffolk County Charter. Legislative districts shall be reapportioned after a decennial census indicates that the districts do not contain substantially equal population, but not more often than once every 10 years.
[Amended 8-16-2011 by L.L. No. 38-2011]
C.
[Amended 8-16-2011 by L.L. No. 38-2011; 3-29-2022 by L.L. No. 20-2022]
(1)
No later than the first day of February in the calendar year following the publication of the results of the decennial federal census, the Reapportionment Commission, as established hereunder at Subsection E of this section, shall propose to the Suffolk County Legislature, by filing with the Clerk of the Legislature, appropriate revisions to the boundaries of the legislative districts so that they contain substantially equal citizen population. Such proposal shall be recommended by at least six affirmative votes of the entire membership of the Commission. For the year 2020 decennial federal census only, the Reapportionment Commission shall act under this Subsection C(1) by the fifteenth day of September in the calendar year following the publication of the results of the decennial federal census.
[Amended 7-26-2022 by L.L. No. 34-2022]
(a)
The proposal shall provide:
(i)
For substantially equal weight for all the voters in the allocation
of representation in the Suffolk County legislative body;
(ii)
That no town, except a town having more than 110% of a full
ratio for each representative, shall be divided in the formation of
representation areas;
(iii)
That there shall be substantially fair and effective
representation for the people of Suffolk County as organized in political
parties;
(iv)
That representation areas are to be of convenient and contiguous
territory in as compact form as practicable; and
(v)
With regard to the 2020 decennial federal census, that a minimum
of four legislative districts shall be majority minority districts.
For the purposes of this subsection, a majority minority district
shall mean a district in which a racial minority group or groups comprise
a majority of the population of the district's total population.
(2)
No legislative district shall deviate more than 3% from the total population of Suffolk County divided by 18, as determined by the most recent census referred to hereinabove, except in those instances where a deviation of greater than 3% is required to meet the standards of the Voting Rights Act. The members of the Reapportionment Commission shall be appointed as set forth at Subsection E of this section no later than 90 days after the publication of such census referred to hereinabove; provided, however, that as to the 2020 census, the Reapportionment Commission shall be appointed within four weeks of the effective date of this local law or as otherwise directed by a court with jurisdiction over the matter. Each of the two major parties in Suffolk County shall be entitled to four members on the Reapportionment Commission. In any event, no more than four members of the Reapportionment Commission shall be affiliated with any one political party. “Major parties” shall mean the two parties receiving the highest number of votes in Suffolk County in the immediately preceding gubernatorial election. Notwithstanding the forgoing, for the purposes of the 2020 census, the members of the Reapportionment Commission submitted by the Minority Leader prior to January 1, 2022, shall be deemed the selection of the current Majority Leader unless the Majority Leader submits substitute members within four weeks of the effective date of this local law.
D.
[Amended 8-16-2011 by L.L. No. 38-2011; 3-27-2012 by L.L. No.
28-2012]
(1)
The Legislature shall vote to approve or disapprove the proposal of the Commission within 90 days after a local law containing the Commission’s proposal is filed with the Clerk of the County Legislature. In the event that the County Legislature fails to take any action on the proposal of the Commission, then the proposal shall be deemed to have been disapproved. For the 2020 decennial federal census only, the Legislature shall act under this Subsection D(1) within 30 days after a local law containing the Commission's proposal is filed with the Clerk of the Legislature.
[Amended 7-26-2022 by L.L. No. 34-2022]
(2)
In the event the County Legislature fails to approve the proposal,
the Commission shall file with the Clerk of the County Legislature,
within 45 days thereafter, a revised proposal. The revised proposal
shall be voted upon within 90 days after a local law containing the
Commission’s revised proposal is filed with the Clerk of the
County Legislature. In the event the Legislature fails to take any
action on the revised proposal of the Commission, then the proposal
shall be deemed to have been disapproved. For the year 2020 decennial
federal census only, in the event the County Legislature fails to
approve the proposal, the Commission shall file with the Clerk of
the Legislature, within 30 days thereafter, a revised proposal and
the revised proposal shall be voted on within 30 days after a local
law containing the Commission's revised proposal is filed with the
Clerk of the Legislature.
[Amended 7-26-2022 by L.L. No. 34-2022]
(3)
If appropriate revisions of legislative boundaries are not proposed by the Commission by the first day of February in the calendar year following the publication of the results of a decennial census as required by Subsection C of this section, then the County Legislature shall adopt a redistricting plan that revises the boundaries of legislative districts so that they contain substantially equal citizen population. The Legislature shall adopt such a plan by June 1 in the year following the publication of the results of a decennial census or within 120 days after the State of New York adopts a plan to reapportion State Senate and State Assembly districts following a decennial census, whichever date is later. Notwithstanding the foregoing, as to the 2020 decennial federal census only, if appropriate revisions of legislative boundaries are not proposed by the Commission by the fifteenth day of September in the calendar year following the publication of the results of a decennial census as required by Subsection C of this section, then the County Legislature shall adopt a redistricting plan that revises the boundaries of legislative districts so that they contain substantially equal citizen population and comply with the requirements as set forth in Charter § C2-3C(1)(a) herein by January 1, 2023.
[Amended 3-29-2022 by L.L. No. 20-2022; 7-26-2022 by L.L. No. 34-2022]
(4)
In the event the County Legislature fails to adopt a plan to revise legislative boundaries in accordance with Paragraphs (1), (2) or (3) of this subsection, then the County Attorney shall apply to a court of appropriate jurisdiction for the appointment of a Special Master to prepare a redistricting plan for revisions to the boundaries of the legislative districts in Suffolk County so that they shall contain substantially equal citizen population and comply with the requirements as set forth in Charter § C2-3C(1)(a) herein.
[Amended 3-29-2022 by L.L. No. 20-2022]
E.
(1)
The Reapportionment Commission shall consist of eight voting members,
each of whom shall be appointed as follows:
(a)
Two retired judges, to be appointed by the Majority Leader of
the Suffolk County Legislature; and
(b)
Two retired judges, to be appointed by the Minority Leader of
the Suffolk County Legislature; and
(c)
One representative recommended by a publicly recognized organization
committed to the principles of voters' rights and/or the advancement
of public policy, to be appointed by the Majority Leader of the Suffolk
County Legislature. "Publicly recognized organization committed to
the principles of voters' rights and/or public policy" shall mean
any group, organization, association, or other entity in existence
for at least two years prior to the formation of the Reapportionment
Commission, and established for the purposes of advocating on behalf
of voters' rights and/or the advancement of public policy. Notwithstanding
the foregoing, any political committee, as defined in Article 14 of
the New York Election Law, shall not be considered a publicly recognized
organization committed to the principles of voters' rights and/or
the advancement of public policy; and
(d)
One representative recommended by a publicly recognized organization
committed to the principles of voters' rights and/or the advancement
of public policy as defined in Subsection E(2)(c) above, to be appointed
by the Minority Leader of the Suffolk County Legislature; and
(e)
One representative of a publicly recognized minority organization
to be appointed by the Majority Leader of the Suffolk County Legislature.
"Publicly recognized minority organization" shall mean any group,
organization, association, or other entity in existence for at least
two years prior to the formation of the Reapportionment Commission,
and established for the purposes of advocating on behalf of any race,
creed, color, sex, gender, or national origin that did not constitute
50% or more of the Suffolk County population as measured by the immediately
preceding census. Notwithstanding the foregoing, any political committee,
as defined in Article 14 of the New York Election Law, shall not be
considered a publicly recognized minority organization; and
(f)
One representative of a publicly recognized minority organization,
as defined in Subsection E(2)(e) above, to be appointed by the Minority
Leader of the Suffolk County Legislature.
(2)
Reapportionment Commission members shall meet the following minimum
qualifications:
(a)
Appointees must be registered to vote in Suffolk County at the
time of appointment and have not changed their party affiliation in
the immediately preceding two years; and
(i)
Each appointee, upon his or her appointment, shall sign a written
affidavit agreeing to not seek the elected office of a Suffolk County
Legislator, or to serve in any political party office, above the office
of committee person, representing any individuals residing within
the boundaries of Suffolk County, whether by election, appointment,
or otherwise, during his or her term on the Reapportionment Commission,
and for five years immediately thereafter; and
(ii)
Each appointee, during his or her term of office, and for five
years thereafter, shall sign a written affidavit agreeing to not serve
as a paid consultant to any candidate for the elected office of a
Suffolk County Legislator.
(3)
The following classes of individuals shall not be eligible to serve
as members of the Reapportionment Commission:
(a)
Individuals who currently serve or have served in the immediately
preceding 10 years in any elected federal, state or local partisan
office, except that former judges shall be eligible to serve five
years after leaving the bench; or
[Amended 10-11-2011 by L.L. No. 53-2011]
(b)
Individuals who currently hold or have held any political party
position or any political party officer, above the office of committee
person, whether by election, appointment, or otherwise, during the
immediately preceding five years; or
(c)
Individuals who have served as a paid consultant retained by
any candidate for partisan office or political party in the immediately
preceding 10 years; or
(d)
Individuals who are the parent, child, sibling, or spouse of
any member of the Suffolk County Legislature or any political party
officer, above the office of committee person.
[Amended 9-15-2011 by L.L. No. 47-2011]
(4)
The Reapportionment Commission shall hold its first meeting no later
than 30 days after the oaths of office of all members have been filed,
at which meeting two Chairpersons shall be selected. The members selected
by the Majority Leader will designate one Chairperson, and the members
selected by the Minority Leader will designate one Chairperson.
[Amended 10-11-2011 by L.L. No. 53-2011]
(5)
The members of the Reapportionment Commission shall serve without compensation and shall serve a fixed term of office to begin on the effective date of the appointment and to expire 30 days after the adoption of a reapportionment plan as set forth in Subsection D of this section.
[Amended 8-16-2011 by L.L. No. 38-2011]
(6)
Five members of the Reapportionment Commission shall constitute a
quorum for the purposes of conducting the business of the Commission.
(7)
Six affirmative votes of the Reapportionment Commission shall be
required to adopt the report and plan or revised report and plan.
(8)
The Reapportionment Commission shall hold regular meetings, keep
a record of all of its proceedings and determine the rules of its
own proceedings, with special meetings to be called by the Chairperson
upon his or her own initiative or upon receipt of a written request
therefor signed by at least five members of the Reapportionment Commission.
Written notice of the time and place of such special meetings shall
be given to each member at least four days before the date fixed by
the notice for such special meeting.
(9)
The County Legislature will provide technical and bipartisan staff
support to the Reapportionment Commission. All clerical services involving
the month-to-month operation of the Reapportionment Commission, as
well as supplies and postage as necessary, shall be provided by the
staff of the Clerk of the County Legislature. The Reapportionment
Commission may request, receive, and utilize such facilities, resources,
and data of any department, office, or agency of Suffolk County as
it may reasonably request to properly carry out its powers and duties.
[Amended 8-16-2011 by L.L. No. 38-2011]
(10)
The Reapportionment Commission shall conduct at least 12 public hearings
within the County of Suffolk for the purpose of obtaining necessary
information or other data from the public. Ten hearings shall be held
prior to the Commission beginning work on the reapportionment plan,
with one hearing held in each town of the County. Two hearings shall
be held following the completion of the draft reapportionment plan,
but prior to any vote by the Reapportionment Commission to adopt the
final plan, with one hearing held in a County facility in Hauppauge
and one hearing held in a County facility in Riverhead. The time and
place of each public hearing shall be published in the official County
papers.
[Amended 3-29-2022 by L.L. No. 20-2022]
(11)
The Reapportionment Commission shall expire, and the terms of its members terminate, 30 days after a permanent plan is adopted by the County Legislature, except that the Commission shall expire immediately upon its failure to propose a plan to the Legislature as required by Subsection C of this section. The Commission shall deposit all the records of their proceedings with the Clerk of the Legislature.
[Amended 3-27-2012 by L.L. No. 28-2012]
(12)
All vacancies in the membership of the Reapportionment Commission
shall be filled in the manner provided for their original appointment.
F.
[1] For the purposes of § C2-3E(1), and in the event that the Legislature contains an equal number of Legislators from each of the two major parties, the party that received the highest number of votes in Suffolk County in the immediately preceding gubernatorial election shall be deemed the majority party for the purposes of selecting the majority leader, and the party that received the second highest number of votes in Suffolk County in the immediately preceding gubernatorial election shall be deemed the minority party for the purposes of selecting the minority leader.
[1]
Editor’s Note: Former Subsection F, regarding appointment
of a Special Master to fill vacant appointments, was repealed 3-27-2012
by L.L. No. 28-2012, which local law also redesignated former Subsection
G as Subsection F.
[Amended 5-27-1986 by L.L. No. 15-1986; 4-7-1993 by L.L. No.
12-1993; 5-15-2003 by L.L. No. 22-2003]
A.
A County Legislator shall have been a resident of the County and
legislative district represented for at least one year immediately
preceding his or her election and shall maintain a residence in the
County legislative district which he or she represents during his
or her entire term of office and at the time of his or her nomination
or designation for such office. The requirement for residence in a
legislative district for one year immediately preceding election and
at the time of nomination or designation for such office shall not
apply in a year in which Legislators are running in newly apportioned
legislative districts if such individual Legislator has been nominated
or designated to run in a legislative district whose geographical
boundaries are different from the geographical boundaries for the
one to which he or she has been elected to represent for the year
during which such new nomination or designation is made. "Residence"
shall mean that place where a person maintains a fixed, permanent
and principal home; maintains a regular physical presence; and to
which he or she, wherever temporarily located, always intends to return.
[Amended 8-21-2020 by L.L. No. 40-2020]
B.
Such office shall be deemed vacant if such Legislator's residence
lapses for more than 60 days or is terminated in said legislative
district.
[Amended 8-17-1993 by L.L. No. 27-1993[1]]
A.
The term of office of a County Legislator shall be two years, which
shall begin on the first day of January following the general election
at which the County Legislators are elected.
B.
No person shall serve as a County Legislator for more than 12 consecutive
years.
[1]
Editor's Note: This local law was approved at referendum 11-2-1993.
[Amended 11-12-1980 by L.L. No. 4-1981; 4-28-2015 by L.L. No. 16-2015]
A vacancy in the office of County Legislator, other than by
expiration of a term, shall be filled by special election to be held
within 90 days of the vacancy occurring, the date of the election
to be set by a duly enacted resolution, and the person so elected
shall serve for the balance of the unexpired term, except:
A.
Where said vacancy occurs within the ninety-day period prior to a
general election in an even-numbered year, a special election to fill
the vacancy shall be held on the date of that year's general election
unless the Suffolk County Board of Elections determines that there
is insufficient time to place the special election on the general
election ballot, in which case the vacancy will be filled at a special
election held within 60 days after the general election, the date
of the election be set by a duly enacted resolution. In either event,
the winner of the special election shall serve for the balance of
the unexpired term.
B.
Where said vacancy occurs within the ninety-day period prior to a
general election in an odd-numbered year, the office shall remain
vacant until the general election is conducted. The winner of the
general election shall fill the vacancy and serve for the balance
of the unexpired term prior to beginning the term to which he or she
was elected at the general election.
C.
Where said vacancy occurs within the ninety-day period prior to a general election in an odd-numbered year where new legislative boundaries are being used for the first time following a reapportionment, said office shall remain vacant until the general election is held, after which time the Legislature may fill the office by the appointment of a resident of the district, as constituted prior to reapportionment, who qualifies under § C2-4 to hold office as a County Legislator, who shall serve for the balance of the unexpired term. Alternatively, the Legislature may leave the office vacant until the end of the unexpired term.
D.
Where said vacancy occurs after a general election in an odd-numbered year in the office of an incumbent who has not been re-elected, the County Legislature may fill the office by the appointment of a resident of the district who qualifies under § C2-4 to hold office as a County Legislator to serve for the balance of the unexpired term or, in the alternative, may leave the office vacant until the end of the unexpired term.
The rules of the County Legislature's proceedings, and any amendment
thereto, shall be adopted by resolution by a vote of not less than
a majority of the total membership of the County Legislature. Copies
of the rules shall be made available to the public.
In addition to all powers conferred in §§ C2-1
and C2-2 and by other provisions of this Charter, the County Legislature
shall have power:
A.
Except as otherwise provided in this Charter, to organize, alter
and abolish any unit of County government or to transfer any function
or duty from one such unit to another not inconsistent with this Charter.
B.
To make appropriations, levy taxes and incur indebtedness for the
purpose of carrying out any of the powers and duties conferred or
imposed on the County or any officer, board, commission or other authority
thereof by this Charter or otherwise by law.
C.
As an aid to the proper performance of its legislative functions,
to investigate the performance of any of the functions, offices or
departments of the government of the County.
D.
To fix the amount of the bond to be given by any official or employee
of the County, conditioned on the faithful performance of his duty,
and it shall make the premium on such bonds a County charge.
A majority of the total membership of the County Legislature
shall constitute a quorum for the purpose of conducting any business.
The County Legislature shall, by procedural resolution, appoint
a Clerk of the County Legislature, who shall serve at its pleasure.
[Amended 4-29-2008 by L.L. No. 13-2008]
A.
A proposed local law or resolution may be introduced only by a member
of the County Legislature. The presiding officer of the County Legislature
shall, on request of the County Executive, introduce a proposed local
law or resolution. Such proposed local law or resolution shall bear
the legend "Introduced by ____________ on request of the County Executive."
B.
Any proposed local law or resolution shall not be introduced unless
first reduced to writing, which for the purposes of this section shall
be deemed to include an electronic version of said proposed local
law or resolution.
C.
For the purposes of complying with § C2-12A of the Suffolk
County Charter, the electronic transmission of all proposed local
laws and resolutions to each Legislator's electronic mail inbox at
a regular meeting of the County Legislature shall be deemed to constitute
laying such local laws and resolutions on the table.
[Amended 8-11-1970 by L.L. No. 18-1970; 3-9-1971 by L.L. No.
11-1971; 9-6-1977 by L.L. No. 37-1977]
A.
Immediate consideration may be
given to a home rule message or any resolution which relates to the
following: the annual adoption of the capital budget and program;
the annual adoption of the operating budget; approving a Community
College budget total; levying taxes, assessments, water rents, sewer
rents and charges; approving assessment rolls and tax warrants; the
acceptance and appropriation of grant funds; and approving the return
of fund balances to taxpayers pursuant to Local Law No. 21-1983. For
resolutions for immediate consideration which accept and appropriate
grant funds and are filed with the Clerk of the Legislature by 5:00
p.m. five days before to the meeting, the following process shall
apply:
[Amended 8-10-2004 by L.L. No. 35-2004; 6-9-2009 by L.L. No.
24-2009; 3-13-2012 by L.L. No. 22-2012; 10-8-2013 by L.L. No.
40-2103; 10-6-2020 by L.L. No. 57-2020]
1.
The Clerk of the Legislature shall circulate a list of the proposed
resolutions for immediate consideration, together with the text of
each resolution, to each member of the Legislature no less than four
days prior to the general meeting at which they are proposed to be
considered.
2.
Members of the Legislature may request in writing to the Presiding
Officer and Clerk of the Legislature that one or more of the circulated
resolutions be considered on an individual basis by 12:00 p.m. the
day before the general meeting at which such resolutions are to be
considered.
3.
All proposed resolutions which are not requested for individual consideration
by a member shall be voted upon jointly in a single vote. The introductory
resolution number and the associated title of each approved resolution
approved using this process shall be included as part of the record
of such vote.
|
Otherwise, no proposed local law or resolution may be enacted
until it shall have been in its final form and laid on the table at
a regular or special meeting of the County Legislature at least seven
calendar days, exclusive of Sunday, prior to its final passage, unless
the County Executive certifies in writing, which certificate shall
state the specific reason(s) as to the necessity for its immediate
passage, in which case such legislation may be passed only by the
affirmative vote of 2/3 of the total membership of the County Legislature.
The substance of the aforementioned stated specific reason(s) shall
not constitute the basis for the Legislature to refuse to consider
or entertain such certificate of necessity.
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B.
No proposed local law may be enacted unless it is the subject of
a public hearing by the County Legislature or one of its duly constituted
committees. Such a public hearing shall be held on public notice,
the form and time of which shall be prescribed by local law.
[Amended 5-16-2006 by L.L. No. 30-2006]
C.
If a public hearing on a proposed local law has been held and closed,
and substantial changes are made to the proposed local law thereafter,
a further public hearing must be held before the local law may be
enacted.
[Amended 5-16-2006 by L.L. No. 30-2006]
D.
Fiscal impact statement.
[Added 6-14-1983 by L.L. No. 14-1983[1]]
(1)
No proposed local law, resolution or charter law which has or which
may tend to have a fiscal impact upon Suffolk County or any of its
political subdivisions may be discharged from the legislative committee
of the County Legislature to which it has been assigned, or be eligible
for approval by the full Legislature, unless it shall have appended
thereto a written statement as to the estimated annual fiscal impact
of such legislation.
[Amended 6-13-2006 by L.L. No. 33-2006; 9-19-2006 by L.L. No.
48-2006]
(2)
Local laws, resolutions or charter laws which have or which may tend
to have a fiscal impact shall include but are not limited to those
which:
[Amended 8-28-1984 by L.L. No. 23-1984]
(a)
Mandate establishment of a new service or activity or expand
an existing service or activity specifically provided by law.
(b)
Modify the terms or conditions of employment for existing or
future employees.
(c)
Modify existing County responsibility for any service or activity
or modify existing responsibility of any other political subdivision
in ways which could have a significant fiscal impact, except those
actions mandated by the Suffolk County Tax Act or the Real Property
Tax Law.
(d)
Modify or amend the adopted County operating or capital budget
or any capital program project.
[Amended 10-2-1991 by L.L. No. 35-1991]
(e)
Appropriate moneys for capital projects.
(f)
Enact home rule messages.
(g)
Precipitate any other direct or indirect fiscal impact.
(h)
Appropriate funds for or authorize the execution of any contract
for consulting, professional, technical or other services provided
by an outside contractor or consultant.
[Added 10-2-1991 by L.L. No. 35-1991]
(3)
The Presiding Officer, County Executive or the Chairman of any permanent
legislative committee to which primary jurisdiction over any resolution,
charter law or local law has been assigned may request from the sponsor
of any resolution, charter law or local law, which is subject to the
provisions of this subsection, additional information regarding the
fiscal impact statement.
(a)
In cases in which the fiscal impact statement states that there
would be no fiscal impact, a request may be made for a detailed justification
for such conclusion.
(b)
Requests made pursuant to the provisions of this subsection
shall be in writing. Within 15 days of any request, the sponsor shall
respond to the requesting party with such additional material or justification
as may be needed to fully satisfy the request.
(c)
For legislation introduced at the request of the County Executive,
the County Executive shall be considered the sponsor for purposes
of preparing the fiscal impact statement.
(4)
The Legislative Budget Review Office shall prepare the fiscal impact
statement for all legislation originating with a member of the Legislature
and shall certify the accuracy and completeness of all other fiscal
impact statements when so requested by a member of the Legislature.
(5)
Such statement of fiscal impact shall contain, but not be limited
to, the following information:
[Amended 8-28-1984 by L.L. No. 23-1984; 10-2-1991 by L.L. No.
35-1991; 9-19-1995 by L.L. No. 32-1995; 9-19-2006 by L.L. No.
48-2006]
(a)
Total estimated financial cost or impact on the County or political
subdivisions within the County.
(b)
Proposed source(s) of funding.
(c)
Total estimated financial cost or impact over five years on
the County or each political subdivision within the County.
(d)
Timing of impact.
(e)
A detailed listing by type and category of services to be provided,
if applicable, pursuant to the pertinent local law, charter law or
resolution, with a comparison of the cost to provide such services
by outside contractors or consultants versus utilization of in-house
County personnel, regardless of whether or not positions of employment
for such in-house personnel exist in the County budget at the time
of the preparation of the fiscal impact statement.
(f)
Total estimated financial cost of impact on the General Fund;
other County funds; the full value tax rate; and the average tax bill
for the County taxpayer, as well as the reduction or increase in property
taxes that will be collected by all pertinent municipalities, including
the County of Suffolk, as a result of enactment and implementation
of such legislation.
(g)
Total estimated impact on Suffolk County's economy from the
perspective of increased or decreased goods and services, enhancement
or diminution of economic development, effect on small business activity,
individual employment opportunities and effect on the volume of overall
business activity.
[1]
Editor's Note: This local law also provided that the term
"political subdivision" shall mean any town, village, special district
or school district.
E.
Revenue impact statement (RIS).
[Added 5-9-2000 by L.L. No. 16-2000]
(1)
No proposed local law, resolution or charter law which proposes to
reduce or eliminate a County-generated revenue (imposed or established
by Suffolk County, not a state, federal, town or village grant) may
be discharged from the legislative committee of the County Legislature
to which it has been assigned or be eligible for approval by the full
Legislature and no operating budget which proposes to reduce or eliminate
a County-generated revenue (imposed or established by Suffolk County,
not a state, federal, town or village grant) may be enacted into law
by the County of Suffolk, unless it shall have appended thereto a
written statement as to how the loss of revenue shall be accommodated
by the County of Suffolk for a period of at least three years from
the standpoint of:
[Amended 6-13-2006 by L.L. No. 33-2006]
(2)
The RIS shall be prepared by the Budget Office for legislation or
budgets proposed by the County Executive and shall be prepared by
the Legislative Budget Review Office for legislation or budgets proposed
by a member of the County Legislature. When requested by a member
of the County Legislature, the Legislative Budget Review Office shall
certify the accuracy and completeness of any RIS submitted by the
County Executive.
[Amended 9-6-1977 by L.L. No. 37-1977; 9-28-1988 by L.L. No.
32-1988; 5-11-2004 by L.L. No. 14-2004]
A.
After passage by the County Legislature of a local law, the local
law shall be presented by the Clerk of the County Legislature within
two days of the enactment of the local law to the office of the County
Executive for his approval.
B.
The County Executive shall proceed to advertise the holding of a
public hearing by him on such local law in the next available editions
of the official County newspapers published after said presentation.
The hearing shall be held no less than four days and no more than
seven days after the last publication date in said newspapers, inclusive
of Sundays and holidays. At the same time that the notice of the public
hearing is submitted to the official County newspapers, the County
Executive shall cause a copy of the notice to be sent to the Clerk
of the Legislature and to the electronic mail inbox of each Legislator.
[Amended 4-12-2022 by L.L. No. 23-2022]
C.
After passage by the County Legislature of a resolution, other than
a resolution relating to procedure, the Clerk of the County Legislature
shall, within two days of the enactment of the resolution, present
it to the office of the County Executive for his approval.
[Amended 9-6-1977 by L.L. No. 37-1977]
A.
No local law or resolution, other than a resolution relating to procedure, shall take effect until it has been submitted to the County Executive for his approval. No local law may be approved or disapproved by the County Executive until after he has held the public hearing required by § C2-14. A resolution relating to County legislative appointments, as required by charter or other law, which does not require approval by the County Executive, shall become effective without such approval.
B.
If the County Executive approves a local law or resolution submitted
to him for his approval, it shall then be deemed to have been adopted.
C.
If the County Executive disapproves a local law submitted to him,
he shall return it to the Clerk of the Suffolk County Legislature
within 30 days of its submission to him with a statement of his reasons
for not approving it. The Clerk shall present the same to the County
Legislature at its next regularly scheduled meeting. The County Legislature
may, within 30 days after presentment by the Clerk, reconsider the
disapproved local law. Such local law shall not be effective unless
the County Legislature on reconsideration passes it by an affirmative
vote of 2/3 of the total membership.
[Amended 11-1-2007 by L.L. No. 30-2007[1]]
[1]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive 10-16-2007.
D.
If such local law is not returned by the County Executive to the
County Legislature within 30 days of its submission to him with a
statement of his reasons for not approving the same, such local law
shall be deemed to be approved as of said 30th day.
E.
If the County Executive disapproves a resolution submitted to him,
he shall return it to the Clerk of the Suffolk County Legislature
within 15 days of its submission to him with a statement of his reasons
for not approving it. The Clerk shall present the same to the County
Legislature at its next regularly scheduled meeting, or at a special
meeting held at the direction of the Presiding Officer or upon request
of members of the Legislature, whichever shall occur earlier. The
County Legislature may, within 30 days after presentment by the Clerk,
reconsider the disapproved resolution. Such resolution shall not be
effective unless the County Legislature on reconsideration passes
it by an affirmative vote of 2/3 of the total membership.
[Amended 11-1-2007 by L.L. No. 30-2007[2]]
[2]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive 10-16-2007.
F.
If such resolution is not returned by the County Executive to the
County Legislature within 15 days of its submission to him with a
statement of his reasons for not approving the same, such resolution
shall be deemed to be approved as of said 15th day.
[1]
Editor's Note: Former § C2-16, Adoption of Official
Map, added by L.L. No. 22-1970, and amended 11-28-1972 by L.L. No.
21-1972 and 9-14-1999 by L.L. No. 38-1999, was repealed 11-17-2009
by L.L. No. 39-2009.
[1]
Editor's Note: Former § C2-17, Relationship between
capital program and Official Map, added 9-1-1970 by L.L. No. 22-1970,
was repealed 11-17-2009 by L.L. No. 39-2009.
[Added 7-21-2020 by L.L. No. 33-2020]
A.
There shall be a Counsel to the Legislature, who shall be appointed
at the organizational meeting of the Legislature each year by an affirmative
vote of the County Legislature. At the time of his or her appointment,
and throughout their term of office, Counsel to the Legislature shall
be and remain duly licensed to practice law in the State of New York.
He or she shall be appointed based on their legal experience and other
qualifications for the responsibilities of this office. Counsel shall
be directly responsible to, and serve at the pleasure of, the County
Legislature.
B.
Powers and duties of Counsel. Except as may be otherwise provided
in the Charter, Counsel to the Legislature shall, with respect to
matters of the County Legislature:
1.
Render legal advice to the County Legislature;
2.
Prepare all local laws, resolutions or other legislation upon request
of a member of the County Legislature, together with notices and other
documents in connection therewith;
3.
Attend all regular and special meetings of the County Legislature
and be available to attend all committee meetings of the Legislature;
4.
Prepare all necessary memoranda and opinions surrounding the various
issues addressed by the legislation of this County;
5.
Be prepared at all times to give legal counsel to the Legislators
and the various officers of the Legislature surrounding their respective
functions; and
6.
Perform such other related and nonconflicting duties as may be required
by the County Legislature.
C.
Acting Counsel to the Legislature. Counsel to the Legislature, subject
to approval by the Presiding Officer, shall designate, in writing,
the Assistant Counsel who shall be Acting Counsel in the event of
his or her absence from the County or inability to perform and exercise
the powers and duties of the office. Such designation shall be filed
with the Clerk of the Legislature and may be revoked at any time by
Counsel to the Legislature filing a new written designation and order
of succession. The Acting Counsel shall have all the powers and perform
all the duties of Counsel to the Legislature.
[1]
Editor's Note: Former § C2-18, Effect of descriptions
in Official Map, added 9-1-1970 by L.L. No. 22-1970, and amended 9-14-1999
by L.L. No. 38-1999, was repealed 11-17-2009 by L.L. No. 39-2009.
[Added 9-12-1979 by L.L. No. 27-1979]
A.
Creation of Legislative Budget Review Office. The County of Suffolk
hereby creates a Legislative Budget Review Office within the County
Legislature.
B.
Director of the Legislative Budget Review Office. There is hereby
created the position of Director of the Legislative Budget Review
Office, and the Director shall serve for a four-year term of service,
appointed on January 1 of an even-numbered year and expiring on December
31 of the second consecutive odd-numbered year following the appointment.
The initial appointment made pursuant to this section shall expire
on December 31, 1983. The Director shall be solely responsible for
the administration of the Legislative Budget Review Office, hiring
its staff and controlling its budget, subject to review of the Legislature.
The County Legislature, by the enactment of a procedural resolution,
shall appoint the Director to a four-year term.
[Amended 10-27-1981 by L.L. No. 38-1981]
C.
Creation of a legislative committee for the Legislative Budget Review
Office. The County Legislature hereby elects to create a legislative
committee within the County Legislature for the purpose of maintaining
general supervision of and liaison with the Legislative Budget Review
Office. The committee shall meet monthly, maintain minutes and disperse
those minutes to all Legislators. The membership of the Legislative
Budget Review Committee shall be as follows: the Presiding Officer
of the Suffolk County Legislature, the Chairman of the Finance, Legislative/Personnel
and Insurance Committee and one Legislator at Large, to be chosen
by the Presiding Officer.
[Amended 3-24-1981 by L.L. No. 17-1981]
D.
Scope of authority, duties, powers and responsibilities. The Director
of the Legislative Budget Review Office shall perform the following
staff and oversight functions and be charged with the following responsibilities
for the Suffolk County Legislature within the appropriations provided
to the Legislative Budget Review Office:
(1)
To determine the extent to which legislative policies are being faithfully,
efficiently and effectively implemented by administrative officials.
(2)
To determine whether County programs are achieving their legal and
desired objectives by a review of the performance and management efficiency
of County departments and agencies. However, a review shall be coordinated
with the County Comptroller when a review includes or requires accounting
audits, which are essentially the duty and responsibility of the County
Comptroller.
(3)
To determine and analyze the soundness of departmental budget estimates
and requests for appropriations, revenues, borrowings and such other
fiscal modifications throughout the year.
(4)
To determine and analyze annually the soundness of the proposed executive
capital program and budget, Community College budget and operating
budgets, including borrowings and taxes.
(5)
To determine whether the County has adequate plans, facilities, organizational
arrangements and management control systems to adequately and effectively
accomplish program and legislative policies.
(6)
Such other duties and responsibilities as the Legislature may assign.
E.
County departments and cooperation. County departments and agencies
are required to provide timely access to the legislative staff to
their personnel and records, assisting the legislative staff in collecting
and analyzing factual objective data. Such access shall be construed
to include direct access to the County's mainframe and departmental
computer systems insofar as the information sought is not otherwise
precluded by federal, state or local laws or by a collective bargaining
agreement between the County of Suffolk and any of its employees.
[Amended 12-23-1986 by L.L. No. 38-1986[1]]
[1]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive.
[Aded 12-10-1985 by L.L. No. 40-1985; amended 12-2-2014 by L.L. No.
4-2015]
A.
A commission empowered to make recommendations regarding revisions
to the Suffolk County Charter may be formed periodically by a duly
adopted resolution of the County of Suffolk, but not more often than
once every 10 years.
B.
A charter revision commission, when authorized by a duly enacted
resolution, shall consist of 15 members to be appointed as follows:
C.
County employees shall not be eligible to serve on a charter revision
commission.
D.
A charter revision commission created pursuant to this section shall
be empowered to review all existing provisions of the Suffolk County
Charter and to suggest changes, draft provisions and make recommendations
in connection therewith. A charter revision commission shall issue
a written report to the County Legislature and the County Executive
at the conclusion of its deliberations, but no later than one year
from the date of its first meeting. Such report shall contain the
recommendations, proposals, suggestions and modifications of the commission.
E.
No member of a charter revision commission shall receive any compensation,
but each member shall be reimbursed by the County of Suffolk for all
actual necessary expenses incurred in the course of the performance
of his or her duties as a member of said commission.
[Added 11-28-1989 by L.L. No. 2-1990[1]]
A.
For the purposes of this section, "position" shall mean any title,
office or employment involving an aggregation of duties to be performed
and responsibilities to be exercised by one person authorized in the
County Legislature's portion of the Suffolk County Operating Budget,
the incumbent of which is to be chosen in accordance with the New
York Civil Service Law and Suffolk County Civil Service Rules, and/or
any title, office or employment involving an aggregation of duties
to be performed and responsibilities to be exercised by one person
authorized in the County Legislature's portion of the Suffolk County
Operating Budget, the incumbent of which is in the competitive jurisdictional
class but who has not received permanent competitive status in Suffolk
County or who is in the noncompetitive, exempt, unclassified jurisdictional
classes, other than elected officials or department heads. For the
purposes of this section, "appointing authority" shall mean the Presiding
Officer, Legislator or other official possessing the power of appointment
to subordinate positions in the Suffolk County Legislature.
B.
Any filled position in the County Legislature which may become vacant
or any position created by resolution, budget amendment, local law
and/or charter law adopted by the Suffolk County Legislature, the
adequate appropriations for which are contained in the Suffolk County
Operating Budget, shall be filled by the Suffolk County Legislature
or pertinent appointing authority at the requested grade and step
in the governing salary plan within 90 days of its creation or the
occurrence of a vacancy, unless the Presiding Officer can satisfactorily
demonstrate, in writing, to the Suffolk County Legislature one of
the following:
(1)
An order of the New York State Civil Service Department prohibiting
the filling of such positions;
(2)
An order of a court of competent jurisdiction prohibiting the filling
of such a position;
(3)
The written request or statement of a federal department or federal
agency of competent jurisdiction prohibiting the filling of such a
position; or
(4)
A budget deficiency under § C4-27 of this Charter.
C.
In the event that the Presiding Officer submits a written explanation to the County Legislature under Subsection B of this section, then the Legislature, on its own motion, may reject the decision not to fill the position or vacancy via enactment of a resolution directed solely and exclusively to such purpose within 30 days of receipt of said written explanation, in which case the Presiding Officer or pertinent appointing authority shall then have 30 days to fill said position, measured from the date of the enactment of such resolution. Such resolution shall require the affirmative vote of at least a majority of the entire membership of the Legislature and shall not be subject to the approval or veto of the County Executive.
D.
In the event that the Presiding Officer or pertinent appointing authority does not comply with any action taken by the County Legislature under Subsection C of this section, then any Legislator may introduce a resolution to fill the position in question via an appointment of the appropriate individual, which appointment shall require the approval of at least 3/4 of the entire membership of the Legislature, which resolution shall not be subject to the approval or veto of the County Executive.
[1]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 11-22-1989.
