This Charter, together with any and all amendments, shall provide for and constitute the form of government for Albany County and be known as the "Albany County Charter." Among the purposes of this Charter are the separation of County legislative and executive functions and responsibilities; the coordination of planning and economic development; the securing of the greatest possible County home rule; the encouragement of inter-governmental cooperation among the cities, towns and villages throughout the County; and the increase of efficiency, economy and responsibility in Albany County government.
[Amended 8-8-2016 by L.L. No. 7-2016, approved 11-8-2016, effective 1-1-2017]
Albany County shall be and remain a municipal corporation and exercise all of the rights, privileges, functions and powers conferred upon it by this Charter and any other applicable law not inconsistent with such Charter. Albany County shall be subject to all duties and obligations imposed upon it by existing or subsequent laws not inconsistent with this Charter, including all powers necessarily incidental to, or which may be fairly implied from, the powers specifically conferred upon it.
This Charter provides a form and structure of County government in accordance with the provisions of Article 4 of the Municipal Home Rule Law of the State of New York. All special laws relating to Albany County and all general laws of the State of New York (the "State") shall continue in full force and effect except to the extent that such laws have been repealed, amended, modified or superseded in their application to Albany County by enactment and adoption of this Charter. Within the limitations prescribed in Article 4 of such Municipal Home Rule Law, wherever and whenever any State law, general, special or local in effect, conflicts with this Charter or is inconsistent with this Charter, such law shall be deemed, to the extent of such conflict or inconsistency, to be superseded by this Charter insofar as Albany County and its government are affected.
All local laws, and ordinances, and resolutions of the County Legislature previously adopted and all of the laws of the State relating to the towns, cities, villages or districts of the County, shall continue in full force and effect, except to the extent that such laws have been repealed, amended, modified, or superseded in their application to Albany County by the enactment and adoption of this Charter. All local laws and ordinances of the County Legislature previously adopted which remain in effect and hereafter adopted shall be part of the County's Administrative Code as set forth in this Charter. Resolutions adopted by the County Legislature shall be part of the County's Administrative Code upon designation for that purpose by either the County Legislature or the County Executive.
Whenever the context shall require, all words used in this Charter in the female gender shall be deemed to include the male or neuter gender, all singular words deemed to include the plural, and all plural words deemed to include the singular.
Whenever used in this Charter unless expressly stated otherwise, or unless the subject matter otherwise requires, the following terms shall have the meanings indicated:
(a)
"Administrative Code" shall mean the Albany County Administrative Code, adopted by the County Legislature as mandated by this Charter.
(b)
"Administrative Unit" shall mean any department, division, bureau, office, board or commission or other agency of County government, or any subordinate part of the foregoing.
(c)
"Administrative Head" shall mean the head of any administrative unit.
(d)
"Authorized Agency" shall mean any agency authorized by this Charter, Administrative Code or applicable law, including, but not limited to, those authorized by County Law, to receive and expend County funds for a County purpose.
(e)
"Capital Program" shall mean the plan of capital projects proposed to be undertaken during a five-year period, the estimated cost of such projects and the proposed method of financing in accordance with Article 6 of this Charter.
(f)
"Capital Project" shall mean and project involving:
(i)
Any physical betterment or improvement, including furnishings, machinery, apparatus or equipment for such physical betterment or improvement when first constructed or acquired;
(ii)
Any preliminary studies and surveys relating to any physical betterment or improvement;
(iii)
Fixed asses;
(iv)
Land or rights in land; or
(v)
Any combination of (i), (ii), (iii), or (iv).
(g)
"Chairperson" shall mean the Chairperson of the County Legislature.
(h)
"Charter" shall mean this Albany County Charter and all its amendments, if any.
(i)
"Clerk" shall mean the Clerk of the County Legislature.
(j)
"County" shall mean the County of Albany.
(k)
"County Executive" shall mean the elective chief executive officer of the County, who shall govern according to those powers provided for in this Charter, or under any other provision of applicable law.
(l)
"County Law" shall mean the County Law of the State of New York.
(m)
"County Legislature" shall mean the elective legislative, appropriating and policy determining body of the County. Whenever the term "County Board," Board of Supervisors," "County governing board," or "elective governing body of the County" is referred to in any law it shall be deemed to mean and refer to the County Legislature.
(n)
"Department" shall mean the administrative unit which is the primary level of County government.
(o)
"Department Head" shall mean the administrative head of any department, and may also be referred to herein as a Commissioner or Director.
(p)
"Division" shall mean the administrative unit which is the secondary level of County government.
(q)
"Election Law" shall mean the Election Law of the State of New York.
(r)
"Executive Law" shall mean the Executive Law of the State of New York.
(s)
"Final Annual Budget" shall mean the final annual budget of the County, as adopted pursuant to Article 6 of this Charter.
(t)
"Fixed Assets" shall mean an asset or assets of a long-term tangible character which are intended to be held or used, such as land, buildings, improvements, machinery and equipment.
(u)
"General Municipal Law" shall mean the General Municipal Law of the State of New York.
(v)
"Legislative Budget Report" shall mean the report by the County Legislature containing proposed changes to the tentative annual budget.
(w)
"Legislative District" shall mean a geographical area of Albany County which is entitled to elect a County Legislator.
(x)
"Legislative Operational Budget" shall mean the operational budget for the County Legislature and its staff.
(y)
"Local Law" shall mean a legislative act of the County Legislature adopted pursuant to the Municipal Home Rule Law, but shall not mean or include a resolution, ordinance or other similar act of the County Legislature.
(z)
"Local Finance Law" shall mean the Local Finance Law of the State of New York.
(aa)
"Municipal Home Rule Law" shall mean the Municipal Home Rule Law of the State of New York.
(ab)
"Political Party Committee" shall mean any committee of a political party, as defined under the Election Law of the State of New York.
(ac)
"Public Office" shall mean any office of federal, state or local government, whether elected or appointed.
(ad)
"Public Officers Law" shall mean the Public Officers Law of the State of New York.
(ae)
"Quorum" shall mean a majority of the whole number of the membership of the County Legislature, other group of persons or officers charged with any County public power, authority or duty to be performed or exercised by them jointly.
(af)
"Real Property Tax Law" shall mean the Real Property Tax Law of the State of New York.
(ag)
"Secretary of State" shall mean the Secretary of State of the State of New York.
(ah)
"Tentative Annual Budget" shall mean the tentative annual budget proposed for the County by the County Executive for submission to the County Legislature.