This Charter, and all amendments hereto, shall constitute the
form of government for the County of Dutchess and shall be known and
cited as the "Dutchess County Charter."
Among the purposes of this Charter are the securing of maximum
County home rule, the separation of legislative and executive functions
and the establishment of an efficient and responsible County government.
The County of Dutchess shall continue to be a municipal corporation
and shall have all the powers and perform all the duties now or hereafter
conferred or imposed upon it by this Charter or applicable law, together
with all rights, privileges, functions and powers necessarily implied
or incidental thereto.
Any state law which is inconsistent with this Charter shall
be superseded by this Charter to the extent inconsistent and within
the limits prescribed by law.
All existing laws, ordinances, legalizing acts and resolutions
of the County shall remain operative except where inconsistent with
this Charter.
Whenever used in this Charter or the Administrative Code, local
laws, ordinances, legalizing acts or resolutions, unless otherwise
expressly stated or required by subject matter or context:
(a)
"Administrative Code" shall mean the administrative code adopted
by and for the County of Dutchess and all amendments thereto;
(b)
"board," except as otherwise provided herein, shall mean a body of
persons appointed in the manner herein provided for the purpose of
studying and advising on matters of continuing County interest;
(c)
"Charter" shall mean this Charter and all amendments hereto;
(d)
"commission" shall mean a body of persons appointed in the manner
herein provided for the purpose of investigating, studying, reporting,
drafting and advising on matters of County interest;
(e)
"committee" shall mean a body of persons appointed in the manner
herein provided for the purpose of investigating, studying or reporting
on matters of transitory County interest;
(f)
"County" shall mean the County of Dutchess;
(g)
"department" shall mean each of those units of the executive branch
set forth in Articles IV through XIX herein;
(h)
"deputy" shall mean a County officer authorized by his/her principal
to exercise delegated discretionary powers and duties and to act generally
in the place and stead of his/her principal;
(i)
"division" shall mean a part of a department or office of an appointed
or elected officer;
(j)
"executive branch" shall mean the County Executive and all units
of government within his/her jurisdiction;
(k)
"judiciary" shall mean judges;
(l)
"legalizing act" shall mean a legislative act, not subject to referendum,
which legalizes and validates any act had and taken in connection
with a lawful municipal object or purpose by the governing board or
other local body, officer or agency of a municipality wholly within
the County, in the manner and under the conditions prescribed in the
County Law, as amended, or other applicable law;
(m)
"legislative branch" shall mean the County Legislature and all units
of government within its jurisdiction;
(n)
"local law" shall mean a law adopted pursuant to this Charter within
the power granted by the Constitution of the State of New York, an
act of the State Legislature or a provision of this Charter, but shall
not include ordinances, legalizing acts or resolutions;
(o)
"officer" shall mean a person in the County government who has authority
to exercise some portion of the sovereign power, either in making,
executing or administering the laws;
(p)
"ordinance" shall mean a legislative act, not subject to referendum,
adopted pursuant to this Charter and relating to property or any other
subject of County concern not required to be enacted by local law,
legalizing act or resolution;
(q)
"qualified elector" shall mean a person qualified to cast a ballot
in a County election;
(r)
"quorum" shall mean a majority of the total number;
(s)
"resolution" shall mean a legislative act other than a local law,
ordinance or legalizing act, adopted pursuant to this Charter, but
not subject to referendum;
(t)
"total number" shall mean the number of a duly constituted body if
there were no vacancies and no persons disqualified from acting;
(u)
"unit" shall mean any department, division or functionally identifiable
part of County government.
The Official Seal of the County of Dutchess shall be in the
form of a circle, the lower two-sevenths of which shall depict a furrowed
field and the upper five-sevenths sky. In the center of the Seal shall
appear a sheaf of wheat standing upon the ground and extending almost
to the edge of the sky, with stalks extending upward and curving outward
and downward. To the right of the sheaf shall be two tall stalks of
corn with drooping leaves. Directly in front of the sheaf and resting
upon the ground shall be a plow occupying six-sevenths of the horizontal
diameter of the circle. Surrounding the circle shall be a rope design;
surrounding it, the words "DUTCHESS COUNTY SEAL" in bold upper-case
lettering so set that "DUTCHESS COUNTY" extends from the left side
across the top to the right side, and "SEAL" appears at the bottom
with three five-pointed stars separating the words "DUTCHESS" and
"SEAL" on the lower left side and three five-pointed stars separating
the words "COUNTY" and "SEAL" on the lower right side. All words shall
be in the upright reading position. Surrounding the words and stars
shall appear a scroll design, surrounded, in turn, by a solid line.
When depicted in color, the background shall be in gold, the printing
in royal blue; the ground in gold, yellow and brown; the plow in brown;
the corn-stalks and wheat in yellow; the sky in clear light blue;
and the shading in royal blue.
The flag of the County of Dutchess shall be composed of three
horizontal bars of equal size, the upper bright orange, the middle
white and the bottom royal blue, with the seal of the County of Dutchess
in the center of the white bar occupying approximately four-fifths
of its height. The height of the flag shall be approximately two-thirds
of its width.
