[Amended 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
The legislative branch of the government of the County shall
consist of an elective governing body which shall be known as the
"Albany County Legislature." Its members shall be known as "County
Legislators." One person shall be elected from each of the districts
into which the County shall be divided as provided in this Charter.
The County Legislature shall constitute the legislative, appropriating
and policy determining body of the County.
It is not the intention of this Charter to abolish, supersede,
curtail or in any way affect any powers or rights heretofore conferred
upon or delegated to the prior County Legislature, nor shall the provisions
of this Charter be construed as superseding any provisions of any
law, resolution, or enactment having the effect of law, relating to
the functions, powers, duties, rights, methods or procedures of the
prior County Legislature, unless a contrary intention is clearly manifested
from the express provisions of this Charter.
All County Legislators shall be electors of the County and have
been residents continuously in the County and the district represented
for at least one (1) year prior to taking office. Each County Legislator
shall reside in the district from which that County Legislator seeks
election at the time of nomination for office, and continue to be
a resident of the County and of the district within the County which
she represents for the entire term of her office, subject, however,
to the following exception: in the case of an election immediately
following the reapportionment of County Legislative Districts, the
incumbent County Legislator representing a district redrawn in such
reapportionment shall be eligible for nomination for election in either
the district of residence, or any newly drawn district which is contiguous
to the district of residence, provided that the County Legislator
shall become a resident of the district represented prior to taking
office. Members of the County Legislature shall be nominated at the
primary election in the same manner other County officers are nominated
pursuant to the provisions of the Election Law.
Except as provided in this Section 202, or as otherwise provided
by law, the term of office for each member of the County Legislature
shall begin on January 1 following the member's election. The elections
for County Legislators shall be conducted at the general election
of 1995 and at general elections every fourth year thereafter.
[Amended 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
(a)
The County Legislature shall meet on or before January 8th following
its election, and in each even-numbered year thereafter, for the purpose
of organization and for the transaction of such other business as
may come before it. Written notice shall be given to each Legislator
by the Clerk of the County Legislature not later than five (5) days
prior to such meeting. In the event of a vacancy in the office of
the Clerk of the County Legislature, or his or her inability or failure
to act in accordance with the provisions of this section, notice shall
be given by the County Clerk. After such organizational meeting, the
County Legislature shall hold monthly meetings on the days designated
in the rules of the County Legislature, and at such other times as
it may fix by resolution, duly adopted by a vote of a majority of
the whole number of the County Legislature, or as authorized by its
rules.
(b)
At the organizational meeting of the County Legislature a permanent
Chairperson shall be elected. The Chairperson shall serve until the
next organizational meeting of that County Legislature. In case of
her death, removal, resignation or retirement from the County Legislature,
a successor Chairperson shall be elected for the unexpired term. In
the event of a failure to elect a permanent chairperson on any day
provided in this Charter, the County Legislature shall adjourn from
day to day, Sundays and holidays excepted, until a Chairperson is
elected. The Clerk shall preside until such time as a Chairperson
has been elected.
(c)
The Chairperson shall have and may cast the vote to which she is
entitled as a member of the County Legislature.
(d)
At the organizational meeting of the County Legislature in January,
and at each organizational meeting thereafter, the County Legislature
shall appoint a Clerk, a Deputy Clerk, and such Majority and Minority
Counsels as it may deem appropriate, together with such other employees
as it may deem necessary. Such officers and employees of the County
Legislature shall serve until the next organizational meeting of the
County Legislature. Any Majority and Minority Counsels which may be
appointed shall be appointed in the manner provided for in the rules
of the County Legislature. The Deputy Clerk shall perform the duties
of the Clerk in the Clerk's absence and such other duties in connection
with that office as directed by the County Legislature or Clerk. The
Clerk and Deputy Clerk shall each give a bond in amount, and with
such sureties as the County Legislature shall require. The Counsel
to the Majority and Counsel to the Minority shall be appointed in
accordance with the rules of the County Legislature, and their compensation
shall be within the limits of appropriations approved by the County
Executive. At the time of their appointments, and throughout their
time in office, the Majority Counsel and Minority Counsel shall be
duly admitted to practice law in the State of New York. The rules
of the County Legislature shall provide for the method and procedure
of the appointment and retention of staff and employees of the County
Legislature within the limits of appropriation approved by the County
Executive. The Majority Counsel and staff shall serve at the pleasure
of the Majority Leader, and the Minority Counsel and staff shall serve
at the pleasure of the Minority Leader. Majority Counsel and Minority
Counsel shall prepare resolutions, legislation, legalizing acts, local
laws and ordinances to be presented for action by the County Legislature,
together with notices and other items in connection herewith.
(e)
The County Legislature shall have power to enact local laws, resolutions
or rules fixing the dates and time of its sessions, which shall govern
the conduct of the members at such sessions and the manner of transacting
business, prescribe penalties for the failure of members to attend
stated or adjourned meetings and the manner of enforcing or collecting
such penalties, and fix the time when and the form in which reports
shall be made to the County Legislature by any officer of the County.
(f)
The standing committees prescribed by the rules of the County Legislature,
or by any local law adopted by the County Legislature, or which may
hereafter be adopted by the County Legislature, shall be appointed
by the Chairperson within twenty (20) days of the Chairperson's election.
Such appointments shall be in writing and filed with the Clerk of
the County Legislature, who shall give notice of such appointments
to the members of the County Legislature. The committee members shall
continue in office until successors have been appointed, but no member
of the County Legislature whose term shall have expired, or who shall
have resigned or been removed from office, shall continue to serve
on any committee after she has ceased being a member of the County
Legislature.
(g)
The rules of the County Legislature shall indicate the proportionate
make-up of majority and minority members of committees.
[Amended 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
The County Legislature shall have the power to fix the compensation
of its members and the Chairperson, which compensation shall be a
stated annual salary to be paid in equal monthly installments by the
Commissioner of Management and Budget. The County Legislature may,
however, fix the initial compensation of the County Legislature prior
to the next election of such County Legislature. The compensation
of the members and the Chairperson shall not be increased nor decreased
during the term of office.
Expenses actually incurred by any County Legislator under the
authority or direction of the County Legislature, outside the limits
of the County, may be paid in the manner as other County charges,
but no claims for expenses shall be audited or allowed which are not
fully itemized and verified by affidavit of the claimant in the manner
prescribed by law.
The Clerk, Deputy Clerk, and any majority and minority counsels
and other employees of the County Legislature shall each receive a
stated annual salary which shall be fixed by the County Legislature
and paid in the same manner as other County salaries are paid.
The County Legislature shall have sole responsibility for the
organization, appointment and removal of its staff. The County Legislature
shall also have responsibility for the compensation to be paid for
such legislative staff positions within the appropriations approved
by the County Executive for such staff.
A vacancy in the County Legislature shall be filled by appointment
by a majority of the remaining members of the County Legislature within
forty (40) days of the vacancy. The appointee shall serve until the
January 1 following the next general election, at which election such
vacancy shall be filled for the unexpired term. Any successor so appointed
or elected shall possess all the qualifications required of members
of the County Legislature as set forth in this Charter.
Any vacancy in any committee of the County Legislature shall
be filled by appointment by the Chairperson.
[Amended 12-2-2002 by L.L. No. 7-2002, approved 12-20-2002; 8-28-2003 by L.L. No. 4-2003,
approved 9-5-2003; 10-12-2004 by L.L. No. 2-2004, approved 10-28-2004; 5-23-2011 by L.L. No. 1-2011,
approved 6-6-2011; 6-8-2015 by L.L. No. 5-2015, approved 7-8-2015]
For the purpose of electing County Legislators, the County shall
be divided into thirty-nine (39) districts. One County Legislator
shall be elected to the County Legislature of Albany County from each
of said districts. The thirty-nine (39) districts within the County
of Albany are as follows.[1]
[1]
Editor's Note: The current list and descriptions of legislative
districts are included as an attachment to the Charter.
[Amended 5-13-2019 by L.L. No. 8-2019, approved 6-6-2019]
(a)
A Commission on Redistricting (identified in this local
law as "the Commission") shall be established to make recommendations
to the County Legislature on whether and how the County Legislature
should be redistricted when required. Triggering events include but
may not be limited to: 1) upon publication of the results of the federal
decennial census for Albany County, 2) upon publication of census
tracts and block statistics based upon any federal or special population
census taken pursuant to Section 20 of General Municipal Law, and
held not more than once every five years, or any annexation which
has the effect of increasing or decreasing the population of any legislative
district by more than 10%. This process shall be completed before
the next County legislative election following the federal decennial
census.
(b)
Commission composition.
(i)
The Commission shall consist of nine members
who are County residents, registered voters in New York State, but
shall not have been in the last four years immediately preceding the
creation of the Commission: 1.) a publicly elected official, which
shall mean any individual elected to local, County, state or federal
office, excluding school board members and library trustees, but including
those elected as members of political parties; 2.) a state employee
who serves as a political appointee or legislative employee; 3) a
political party chairperson or officer. Further exclusions of individuals
that may not serve on the Commission are fully identified in Section
F.
(ii)
The Commission Members shall be selected to
reflect the diversity of the residents of this County with regard
to race, ethnicity, gender, language, and geographic residence (including
representative of rural/small communities). In selecting Commission
Members, the Legislature shall consult with organizations devoted
to protecting the voting rights of minority voters as recognized by
the federal Voting Rights Act of 1965 (as amended). These requirements
will ensure that the Commission's members are both independent, representative
of the County's diverse communities, and sensitive to the critical
importance to voters of fair and proper district lines.
(iii)
The Commission shall be constituted prior
to the formation of the MMD Subcommittee.
(c)
Majority Minority District Redistricting Subcommittee
- Intent and Functions.
(i)
To ensure that the voting interests of minority
residents and voters are adequately and appropriately incorporated
into a redistricting proposal, a special Majority Minority District
(MMD) Redistricting Subcommittee (identified further as the MMD Subcommittee)
will be also established that will work collaboratively and in tandem
with the Commission. The MMD Subcommittee will be created as a vital
component of the Commission's work and efforts and shall make recommendations
to the Commission regarding the configuration of minority districts,
with the goal of protecting voting rights of minority residents and
ensuring electoral representation of minority residents residing in
MMDs. The unique focus of the MMD Subcommittee shall be to ensure
the representation of Albany County minority communities in all aspects
of the redistricting process.
(ii)
The MMD Subcommittee shall have the authority
and funds to contract its own outside legal/redistricting consultant.
(iii)
The intent of the work of the MMD Subcommittee
shall be to fully examine the issues unique to the MMD communities
and their residents and shall be presented for inclusion into the
final report of the Commission.
(d)
MMD Redistricting subcommittee composition, appointment
process and function.
(i)
The MMD Subcommittee shall consist of seven
members who are representative of the minority communities. MMD Subcommittee
Members shall be County residents, registered voters in New York State,
but shall not have been in the last four years preceding the creation
of the MMD Subcommittee: 1.) a publicly elected official, which shall
mean any individual elected to local, County, state or federal office,
excluding school board members and library trustees, but including
those elected as members of political parties; 2.) a state employee
who serves as a political appointee or legislative employee; 3) a
political party chairperson or officer. Further exclusions of individuals
that may not serve on the MMD Subcommittee are fully identified in
Section F.
(ii)
Appointments to the MMD Subcommittee may be
made in the year of the census, after extensive, repeated solicitation
by the Albany County Legislature of potential appointees that are
knowledgeable, capable, interested and experienced in the redistricting
field. The Albany County Legislature shall use all communication means
necessary to educate the public on the Commission and MMD Subcommittee
process and need for appointees.
(iii)
After a County-wide solicitation of potential
appointees, the Chair of the LBC shall make advisory recommendations
to the Chair and Members of the Commission regarding qualified candidates
to serve on the MMD Subcommittee. The Commission Members, by a majority
vote, appoint three representatives who shall serve on the MMD Subcommittee.
Subsequently, those Members, after examining the recommendations of
the Chair of the LBC, shall select the remaining members of the MMD
Subcommittee, by a majority vote. The MMD Subcommittee shall select
its own leadership by voting on a Chairperson at its first meeting.
(iv)
The MMD Subcommittee will be required to hold
its own hearings and public forums to collect and consider the inputs
from impacted communities, as well as the County communities at large.
The subsequent work products of the MMD subcommittee, including the
drawing of the maps of the MMD districts, shall be presented for inclusion
into the final report of the Commission. The Commission shall, upon
the receipt of the report from the MMD, reflect its consideration
and prepare a written report to the Legislature that documents its
consideration of the recommendations of the MMD Subcommittee prior
to the submission of the final report to the Legislature for vote.
Should the Commission elect to exclude material elements and recommendations
of the MMD Subcommittee's report and work product, it shall provide
a detailed justification and rationale regarding its decision, which
shall be part of the official record of the Commission and its deliberations.
(e)
Commission membership and process.
(i)
In the year of the census, the Albany County
Legislature shall solicit interest widely throughout Albany County
for knowledgeable, interested and capable individuals to serve on
the Commission. To encourage interest of the widest possible pool
of qualified and knowledgeable individuals, the County Legislature
shall regularly use all communication means necessary to solicit interest
in serving on the Commission and the MMD Redistricting Subcommittee.
Interested individuals shall provide to a designated County email
or mailing address information that shall include but not be limited
to: resume, credentials, any relevant expertise in the redistricting
and legal fields, community background and experience and other important
information regarding the individual's capacity and interest in serving
on the Commission.
(ii)
It is the intent of the Legislature that because
the Commission appointees will reflect a cross section of backgrounds,
expertise, interests and credentials, a broad solicitation of diverse
individuals is required. The members of the Commission shall reflect
the diversity of the residents of Albany County with respect to socio-economic
status, race, ethnicity, gender, sexual orientation, and geographic
residence, including the representation of rural and small communities.
(f)
Commission independence.
(i)
To further ensure that the Commission's Members
adhere to the highest ethical standards, the following individuals
shall not be eligible to serve:
[1]
Within the four years immediately preceding
the creation of the Commission, or any subsequent Commissions under
this law, or through their term of service on the Commission, neither
the applicant, nor a member of his or her immediate family, may have
done any of the following:
[1]
Been appointed to, elected to, or have been
a candidate for federal, state, County, or local office, excluding
school board members, library trustees, and fire Commissioners;
[2]
Served as an officer, employee, or paid
consultant of a political party or of the campaign committee of a
candidate for elective federal, state, County, or local office;
[3]
Served as a paid Congressional or State
political appointee or employee of the State Legislature;
[4]
Been an Albany County employee, or paid
consultant;
[5]
Serve as a registered lobbyist in the State
of New York.
[2]
Staff and consultants to, persons under a
contract with, or any person with an immediate family relationship
with any County or publicly elected official, excluding school board
members, library trustees and fire Commissioners, are not eligible
to serve as commission members. As used in this subdivision, a member
of a person's "immediate family" is one with whom the person has a
bona fide relationship established through blood or legal relation,
including spouse, parents, children, siblings, and in-laws.
(g)
Timing of commission appointments.
(i)
All appointments to the Commission or the
MMD Redistricting Subcommittee may be made in the year of the census,
after extensive solicitation of appointees that are expert, knowledgeable
and experienced in the redistricting field. Initial appointments to
the Commission from the pool of interested parties gathered in this
manner shall represent various geographic areas of the County and
must be made by the time the census data becomes available. The (nine)
Appointments shall be made to the Commission in the following manner:
The Majority Leader, Minority Leader, Chairperson of the Legislature,
Chairperson of the Legislative Black Caucus shall each make one appointment
to the Commission (comporting with the other exclusions contained
in this local law). These four individuals shall make the remaining
five appointments to the Commission (also comporting with other exclusions
of this local law). In making the five appointments, the four Commission
Members shall make every effort to reach consensus on each Commission
selection, but selections shall be made by majority vote. The Commission
shall select its own leadership by voting on a Chairperson at its
first meeting, from among the five independently selected Commission
Members.
(ii)
Vacancies in the membership of the Commission
shall be filled within 30 days by a manner determined by the remaining
Commission Members.
(h)
Request for proposal process.
(i)
The Commission and MMD Subcommittee shall expeditiously issue two Requests for Proposals (RFPs) for map drawing services, one for Majority Minority districts (MMD) and the other for the entirety of Albany County. Together with the Albany County Division of Purchasing, the Committee and Subcommittee shall be empowered to create and draft RFP's consistent with Article 13 of the Albany County Charter, the Albany County Procurement Policy, and any relevant state or federal laws. Both RFPs (the Commission and the MMD Subcommittee) shall be evaluated based on their ability to produce maps and supporting data, and engage in publicly informed and participatory processes that eventually produce successfully drawn maps that reflect the goals identified in Section I. Out of the RFP Process, the selected entities shall provide map drawing expert resources, modeling of districts, data-driven analysis that shall assist the Commission and MMD Subcommittee in fully understanding and determining the impact of the redistricting process.
(i)
Compliance and Adherence with Appropriate Federal Laws
and Equal Representation Goals.
(i)
The Commission, the MMD Redistricting Subcommittee,
staff and the consultant(s) hired under the RFP shall comply with
the requirements of 52 U.S.C. 1001 (Section 2 of the Voting Rights
Act of 1965) and in all subsequent relevant statutes and case law.
(ii)
The Commission and the MMD Subcommittee shall
be guided by the goal of equal and fair representation of all people
in Albany County, consistent with established state and federal law
as interpreted by courts of appropriate jurisdiction. Factors to consider
include, but shall not be limited to:
[1]
Whether such lines would result in the denial
or abridgement of racial or language minority voting rights, and districts
shall not be drawn to have the purpose of, nor shall they result in,
the denial or abridgement of such rights. Districts shall be drawn
so that, based on the totality of the circumstances, racial or minority
language groups do not have less opportunity to participate in the
political process than other members of the electorate and to elect
representatives of their choice;
[2]
Shall minimize population variance, to the
extent practicable, among districts in accordance with federal law,
but in no instance shall a district's population exceed 105% or be
less than 95% of the ideal district size;
[3]
Each district shall consist of contiguous
territory;
[4]
Each district shall be as compact in form
as practicable;
[5]
Districts shall be consistent with existing
municipal and rural boundaries, and neighborhoods within Albany County;
and balance and reasonableness for the diversity of citizens residing
in all parts of the County;
[6]
The places of residences of incumbents or
candidates shall not be identified or considered;
[7]
Party registration shall be excluded from
all phases of the mapping process but may be used to test maps for
compliance with the above goals with party voting history and participation
included.
(j)
Commission and MMD Subcommittee Appropriations, Staffing
and Operations:
(i)
In the fiscal year prior to the establishment
of the Commission, the Legislature shall appropriate funding for all
aspects of the activities of the Commission and the MMD Subcommittee.
These funds shall provide for all expenses of the work of the Commission
and MMD Subcommittee, funds for the compensation of consultants, members
and staff, as well as funding for any duties that the County Legislature
shall deem necessary to facilitate the performance of the Commission
and MMD Subcommittee's duties identified in this Local Law. The Commission
and MMD Subcommittee shall establish clear criteria for the securing
and overseeing of staff and consultants, communications protocols
and processes, and a code of conduct. The Commission shall apply the
conflicts of interest listed in subdivision F to the hiring of staff
to the extent practicable. The Commission shall require that legal
counsel hired by the Commission have demonstrated and extensive experience
and expertise in redistricting processes, and in the implementation
and enforcement of the federal Voting Rights Act of 1965 (42 U.S.C.
Sec. 1971 et seq.).
(ii)
Commission and MMD Subcommittee members and
staff shall exercise the highest standards of conduct, and disclose
to Commission/MMD Subcommittee colleagues substantive communications
with elected officials, staff and other public officials that occur
outside public hearings or meetings of the Commission and MMD Subcommittee.
(iii)
The Commission and the MMD Subcommittee will
work in a process that allows for timely input from the County Legislature
and its members and allows for the maximum amount of public participation,
engagement, and comment. The Commission and the MMD Subcommittee will
be committed to full transparency and accountability including the
timely posting of its meetings, agendas, minutes, data and any relevant
reports or information that is included in the body of work of the
Commission and the MMD Redistricting Subcommittee.
(iv)
All meeting minutes, notes, documents, reports,
and any work product of the Commission and MMD Subcommittee shall
be maintained and preserved as official documents of the redistricting
process and housed by the Office of the Clerk of the Albany County
Legislature. The Commission and MMD Subcommittee will work collaboratively
and closely together, with full discussion and dialogue taking place
between the two structures. The Commission and MMD shall have the
authority to solicit information and expert opinion from government
agencies and staff as they see fit.
(k)
Commission and MMD Redistricting Subcommittee Hearings/Public
Comment Periods and Public Access to Information:
(i)
During the preparation of the redistricting
plan, the Commission working closely and in collaboration with the
MMD Subcommittee shall conduct not less than four public hearings
throughout the County. The MMD Subcommittee shall be empowered to
hold its own public hearings for additional community input. These
public hearings shall be publicized widely, with ample notice to ensure
the maximum level of citizen participation and engagement. The purpose
of the public hearing process is to promote a high level of understanding
of the process and its implications to the public, to provide expert
presentations and access to Commission and MMD leaders, staff and
consultants, allow for ample public comment, and to communicate the
process of the redistricting process to the public. All public hearings
should be publicized and information about the meetings should be
widely disseminated. The Albany County website shall be the venue
for the collection of all information regarding the work of the Commission
and MMD Subcommittee.
(ii)
The Commission and the MMD Subcommittee shall
make available to the public, on the Albany County website and through
electronic media efforts, any draft redistricting plans and concepts,
relevant data, and related information. Such plans, data, and information
shall be in a form that allows and facilitates their use by the public
to review, analyze, and comment upon such plans. The Commission can
adjust its redistricting outline based on input received from the
public. Prior to the final redistricting plan being presented for
adoption by the Legislature, the Commission shall conduct a final
public hearing to ensure that the residents of Albany County have
ample opportunity to understand, provide comment and feedback on the
final report. The Commission shall report the findings of all public
hearings in a written report to the legislature upon submission of
the final redistricting plan.
(l)
Final report of the commission.
(i)
The Commission shall submit its final report
in the form of a proposed local law to the Clerk of the County Legislature
within 30 days after the final report is completed for distribution
to the members of the Legislature. This report, and any and all subsequent
changes to it, will be part of the official public records of the
Commission's work and available on the designated webpage of the Albany
County website.
(ii)
No later than 30 days after receiving the
final report, the Chairperson of the County Legislature shall submit
to the County Legislature, the Commission's final redistricting report
in the form of a proposed local law, for consideration by the full
Legislature. No later than 60 days after its submission by the Chairperson,
the proposed local law shall be forwarded to the full legislature
for consideration. The County Legislature may then by a majority vote
of the whole number of its members choose to adopt such proposed local
law on legislative districts. If such proposed local law is not adopted,
the Commission shall be empowered to continue its work through subsequent
amendment processes to ensure legislative passage and enactment in
a timely manner. The Commission shall submit a revised report to the
Legislature no later than 60 days after the proposed local law has
been returned to it. The Legislature may provide feedback and recommendations
to the Commission in order to assist the Commission in providing an
updated redistricting report. The Commission shall call another public
hearing if the modifications are considered to be (by Commission Members)
of a significant or material nature. The revised report shall be submitted
and subsequently introduced in accordance with the requirements of
Section L (1) and (2) respectively. The County Legislature shall consider
the recommendations included in any updated report.
(iii)
The County Legislature, in applying its responsibility
for redistricting, will ensure that the federal requirement of one
person, one vote is achieved with the redistricting plan outlined
in this Local Law.
(iv)
The County Executive may either approve or
veto the legislation. If vetoed, the Executive shall prepare and submit
in writing to the Legislature and the Commission, his or her rationale
for vetoing the final redistricting report. This will become part
of the public record of the Commission's deliberations. The Legislature
may either override the veto or request the Commission continue its
deliberations to provide the Legislature with another redistricting
plan, which shall be considered by the Legislature as outlined in
Section.
(v)
The Commission and its MMD Subcommittee shall
be discharged upon the successful conclusion of the Albany County
redistricting process.
(m)
Effective date.
(i)
This Local Law shall take effective immediately
upon filing with the Secretary of State. Pursuant to Municipal Home
Rule Law Section 33, this Local Law, amending the present Albany County
Charter shall not become operative unless and until this Local Law
is approved by the duly qualified voters of Albany County in the manner
prescribed by law at the general election of November 5, 2019.
The County Legislature shall have and exercise all of the powers
and duties conferred upon the County Legislature as set forth in this
Charter and now or hereafter generally conferred by applicable law,
as well as all powers necessarily incidental thereto, and shall, for
the purposes of general laws conferring powers upon boards of supervisors,
be deemed a board of supervisors, and be the policy-making body of
the County.
The County Legislature shall also have, but not by way of limitation,
the following powers and duties:
(a)
Determining policy for the County and to adopt all necessary rules
and regulations for its conduct and procedure;
(b)
Making appropriations, levy taxes, and incur indebtedness;
(c)
Equalizing real property taxes consistent with standards prescribed
by state law and on the basis of information supplied by the New York
State Board of Equalization and Assessment and the County Real Property
Tax Service Agency;
(d)
Exercising all powers of local legislation in relation to enacting,
amending or rescinding local laws, legalizing acts, ordinances or
resolutions, subject to the veto of the County Executive as set forth
in Section 309 of this Charter;
(e)
Adopting, amending or repealing by local law an Administrative Code,
subject to the veto of the County Executive as set forth in Section
309 of this Charter, which shall set forth the details of administration
of the County government, consistent with the provisions of this Charter.
The Administrative Code may contain revisions and restatements of
special laws, local laws, resolutions, rules and regulations as are
consistent with this Charter;
(f)
Establishing a schedule of compensation for officers and employees
paid from County funds. This schedule of compensation may establish
a minimum and maximum for any class of employees, and an increase
in compensation, within the limits provided for by any class of employees,
as may be granted at any time by the County Executive or other appointing
authority;
(g)
Fixing the amount of bonds of officers and employees paid from County
funds;
(h)
Legalizing and validating any act had and taken in connection with
a lawful municipal purpose by the governing board or other local body,
officer or agency of a municipality wholly within the County, in the
manner provided by Section 227 of the County Law;
(i)
Exercising legislative oversight of County programs and administrative
units;
(j)
Adopting a budget in the manner set forth in the Charter;
(k)
[1]Creating, altering, combining or abolishing administrative
units within County government, provided that such administrative
units are not headed by elected officials;
[1]
Editor's Note: Former Subsection (k), regarding the Legislature's authority to confirm administrative unit heads appointed by the County Executive, was repealed 8-8-2016 by L.L. No. 7-2016, approved 11-8-2016, effective 1-1-2017. This local law also redesignated the remaining subsections as Subsections (k) through (o).
(l)
Approving contracts for the purchase and sale of real property, contracts for intergovernmental services and collective bargaining agreements, and those contracts subject to and in accordance with Article 13 of this Charter;
(m)
Determining and making provision for any matter of County government
not otherwise provided for;
(n)
Preparing a legislative operational budget; and
(o)
Designating, on an annual basis, official newspapers for the publication
of all enactments, notices and other matters required by law to be
published.
[Added 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
A proposed appointment to County office by the County Executive
that requires confirmation by the County Legislature under provisions
of this Charter shall be presented by the County Executive to the
Clerk of the County Legislature in writing in sufficient time to allow
the Clerk to inform the full County Legislature of the proposed appointment
at least two (2) weeks prior to the County Legislature's next scheduled
meeting. If the County Legislature fails to confirm such proposed
appointment within sixty (60) days after filing with the Clerk, the
appointment shall be deemed confirmed. When an appointment is rejected
by the County Legislature, the appointment of the same individual
for the same position may not be resubmitted by the County Executive
without the approval of the County legislature.
[Added 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
(a)
Except as otherwise provided in this Charter, the County Executive
shall have power, within ten (10) days, or in the case of a local
law thirty (30) days, after its presentation to him or her by the
Clerk, to veto any legislation passed by the County Legislature, except
local laws and any such legislation which relates to the internal
organization and operation of the County Legislature, and appointments
made by the Legislature, including, but not limited to:
(i)
The creation, operation, funding and abolition of standing and
special committees of the County Legislature, standing boards and
commissions created pursuant to this Charter and temporary studies,
commissions, committees, task forces or other such groups created
by the County Legislature;
(ii)
The appointments to boards, commissions or other such bodies
by the Chairperson or the County Legislature, where the legislation
creating such bodies authorizes the appointment of members to such
bodies by the Chairperson or the County Legislature;
(iii)
The day-to day operations of the County Legislature;
(iv)
The organization of the County Legislative staff, including
the creation and abolition of positions for such staff and the compensation
to be paid for such positions; and the appointment and removal of
such County Legislative staff; and
(v)
The adoption, amendment or repeal of rules of the County Legislature.
|
A copy of such legislation shall immediately after its passage
be separately certified by the Clerk and filed by the Clerk with the
County Executive within five (5) days after its passage.
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(b)
If the County Executive approves it, he or she shall sign it and
return it to the Clerk, and the legislation shall thereupon take effect.
If the County Executive vetoes it, he or she shall return it to the
Clerk with his or her objections stated, in writing, and the Clerk
shall present the same with such objections to the County Legislature
at its next regular or special meeting called for that purpose, and
such objections shall be entered upon its record, journal or minutes
of the proceeding.
(c)
Except as otherwise provided in this Charter, the County Legislature,
within forty- five (45) days after its return to the Clerk, may, by
a three-fifths (3/5) vote of the whole number of its members, override
such veto. Only one (1) vote shall be had to override such veto, which
shall be taken by roll call and entered upon its record, journal or
minutes of the proceeding. Wherever, as provided for in this Charter,
a three-fifths (3/5) vote of the whole number of the County Legislature's
members is required to override a certain action taken by the County
Executive, if a fraction exists in the computation of such three-fifths
(3/5), then it will be required to round up to the next whole number
for determination of such three-fifths (3/5) vote.
(d)
If any of such legislation shall not be returned by the County Executive
within ten (10) days after it shall have been presented to him or
her, or if it shall be returned within such period without the County
Executive's approval or veto, it shall be deemed to be adopted with
like effect as if he or she had approved and signed it.
[Added 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
The County Legislature shall enact and amend an Administrative
Code organizing the administration of County government, and setting
forth the details thereof, consistent with the provisions of this
Charter. The Administrative Code may contain revisions, simplifications,
consolidations, modifications and restatements of special laws, local
laws, ordinances, resolutions, rules and regulations consistent with
this Charter or amendments thereto. All local laws and ordinances
shall be included in the Administrative Code, together with any resolutions
designated for that purpose by either the County Legislature or the
County Executive. It shall be the responsibility of the County Clerk
to compile, publish, and disseminate the Administrative Code, and
recommend revisions thereto, in a continuing program to provide greater
efficiency and economy in the operation of government.
[Added 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
(a)
A local law is a law adopted pursuant to this Charter within the
power granted by the New York State Constitution, act of the Legislature
or provision of this Charter and shall not include a resolution, ordinance
or legalizing act.
(b)
The County Legislature may adopt, amend or repeal local laws by a majority vote of the whole number of its members. Each local law shall embrace only one (1) subject and may relate to property, affairs or government of the County, or any other subject of County concern. In the exercise of such power, and within the limitations provided by Article 4 of the Municipal Home Rule Law of the State of New York, the County may change, supersede or amend any act of the State Legislature.
(c)
Except as may otherwise be provided in this Charter, all procedural
details relating to the adoption, amendment and repeal of local laws,
including the conduct of mandatory and permissive referenda in connection
therewith, shall be as provided in the Administrative Code or other
applicable law.
(d)
Every local law shall become effective when filed in the office of
the Secretary of State of the State of New York, or on such later
date as may be provided in the local law.
[Added 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
The filing and publication of local laws shall be as provided
by Section 27 of the Municipal Home Rule Law of the State of New York,
and the court shall take judicial notice of all local laws and of
rules and regulations adopted pursuant thereto. Within five (5) days
after the taking of effect of a local law, the Clerk shall file a
certified copy thereof in the office of the County Clerk, and three
(3) copies in the office of the Secretary of State. Such certified
copy shall contain the text only of the local law without the brackets
and the matter within the brackets, or the italicizing or underscoring,
if any, to indicate the changes made by it. At the same time the Clerk
shall cause to be published at least once as a County charge in the
designated official newspaper a notice that such local law was adopted,
a brief description of such local law and that the full text of such
local law may be examined during regular business hours in the office
of the Clerk of the County Legislature, provided that failure to do
so shall not affect the validity of such local law.
[Added 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
(a)
The County Legislature may adopt, amend and repeal resolutions by
a majority vote of the whole number of its members. Each resolution
shall embrace only one (1) subject and may relate to property or any
other subject of County concern not required by this Charter or applicable
law to be provided by local law. Resolutions shall not be subject
to referenda.
(b)
Except as otherwise provided in the Charter, all procedural details
relating to the adoption, amendment and repeal of resolutions shall
be as provided in the Administrative Code or applicable law.
[Added 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
Ordinances may be adopted by the County Legislature, and the
procedure shall be the same as herein provided for the adoption of
local laws, except that an ordinance shall not be subject to referendum,
mandatory or permissive, except also for any filing requirements.
An ordinance may provide for any subject matter of County concern
not required to be provided by local law, legalizing act or resolution
of the County Legislature. Such ordinance may provide for its enforcement
by legal or equitable proceedings in a court of competent jurisdiction,
may prescribe that violations thereof shall constitute offenses or
misdemeanors and may provide for punishment of violations by civil
penalty or by fine or imprisonment or by two (2) or more such penalties
or punishments. Ordinances and their application, including particular
subjects and form, may be further provided in the Administrative Code.
