[Amended 7-14-1997 by L.L. No. 12-1997; 7-13-2009 by L.L. No. 4-2009; 12-7-2010 by L.L. No. 5-2011; 3-11-2019 by L.L. No. 1-2019; 9-9-2019 by L.L. No. 5-2020]
2.011. There
shall be a County Legislature composed of 25 Legislators elected from
single-member districts prescribed by the Commission on Reapportionment.
Each Legislator shall be deemed a County Officer and shall be elected
at a general odd-numbered year election for a term of two years. At
the time of his/her nomination and election, and throughout his/her
term of office, each Legislator shall be and remain an elector of
the district from which he/she is elected. No person shall be elected
for a full two-year term as a member of the County Legislature more
than six times. The first year for any County Legislator for the purpose
of calculating terms as contained in this section shall commence on
or after January 1, 2020.
2.012. Reapportionment.
(a) A
Commission on Reapportionment shall be established pursuant to this
section. It shall meet as soon as practicable after the availability
of data from each decennial census to evaluate existing legislative
districts to the maximum extent practicable pursuant to the process
established herein and reapportion them as necessary to meet established
standards in federal, state, and local law for equal and fair representation
of all people in Dutchess County. The Commission's adopted plan shall
be used beginning in the election of each year ending in "3" in such
decade, The Commission shall consist of seven members who are County
residents, are registered to vote in Dutchess County, and represent
the geographic and demographic diversity of the County. A member shall
not currently be nor have been for the three years preceding the formation
of the Commission an elected official, employee of New York State,
Dutchess County or any town, city, or village in the County, or a
member or officer of any political committee. A member shall maintain
eligibility while serving on the Commission.
(b) A
plan of reapportionment adopted under this subparagraph shall comply
with the following standards, which shall have priority in the order
herein set forth, to the extent practicable:
[Amended 12-2-2021 by L.L. No. 1-2022]
1.
Each district shall have a resident
population not to exceed 5% of the mean population of all districts
except a town or city that has no less than 5% or no more than 10%
of the mean population of all districts shall not be divided into
more than one district, and
i.
As used in this paragraph, the term "population" shall mean
residents. For such purposes, no person shall be deemed to have gained
or lost a residence, or to have become a resident of a county, city,
town or village by reason of being subject to the jurisdiction of
the department of corrections and community supervision and present
in a state or county correctional facility pursuant to such jurisdiction.
A population base for such a plan of apportionment shall utilize the
latest statistical information obtainable from an official enumeration
done at the same time for all the residents. Such a plan may allocate,
by extrapolation or any other rational method, such latest statistical
information to representation areas or units of local government,
provided that any plan containing such an allocation shall have annexed
thereto as an appendix, a detailed explanation of the allocation.
ii.
If the federal census fails to provide enumeration and identification
of incarcerated persons, the "New York State Legislative Task Force
on Demographic Research and Reapportionment" is available to provide
information sufficient to re-enumerate incarcerated persons to their
place of last residence for the purposes of drawing district lines.
2.
Districts shall not be drawn with the intent or result of denying
or abridging the equal opportunity of racial or language minority
groups to participate in the political process or to diminish their
ability to elect representatives of their choice, and
3.
Districts shall consist of contiguous territory meaning the
boundaries of a district are a single, uninterrupted shape; a person
should be able to travel across a district by public roadway without
crossing into another district.
4.
Districts shall be as compact in form as practicable, and
5.
Districts shall not be drawn to discourage competition or for
the purpose of favoring or disfavoring incumbents or other particular
candidates or political parties. The maintenance of cores of existing
districts, of pre-existing political subdivisions including cities,
villages, and towns, and of communities of interest shall also be
considered. A community of interest is defined as an area with recognized
similarities of interest, including but not limited to economic, social,
cultural, institutional, geographic, or historic identity. The term
communities of interest shall not include common relationships with
political parties, officeholders, or political candidates, and
6.
Districts shall be formed so as to promote the orderly and efficient
administration of elections, and
7.
Actual, expected, or projected electoral results, voting patterns,
polling data, enrollment data or any other data relating to the expected
partisan allocations of vote totals shall not be considered unless
required by federal or state laws such as the United States Voting
Rights Act Section 2.
(c) To
establish a pool from which Commission members will be appointed,
the County Executive shall, no later than October 1 of each year ending
in "0," commence the process for widely soliciting interest in serving
on the Commission through methods such as direct mail and e-mail,
contact with civic groups, public service announcements on radio and
television and in daily and weekly newspapers, paid advertisement,
and announcement on the County website. A report of the process and
a list containing the names of the people in the pool of candidates
shall be submitted to the Clerk of the County Legislature on January
2 of each year ending in "1."
(d) Selection,
nomination, and service of the member.
[Amended 12-2-2021 by L.L. No. 1-2022]
1.
Initial appointments to the Commission from the pool of candidates
gathered in the prescribed manner shall be made no later than 30 calendar
days following the Clerk of the Legislature's receipt of the
pool of candidates with two members appointed by the Legislature's
majority leader and two members by the Legislature's minority
leader.
2.
The four appointed members shall
select the additional three members from the previously established
pool no later than 45 calendar days following Clerk of the Legislature's
receipt of the pool of candidates.
i.
In the event that all of the three additional members are not
appointed by the deadline prescribed in paragraph 2 of this subsection,
the appointment of the initial four members will no longer have force
and effect, and these members will no longer be eligible to serve
on the Commission. The majority and minority leaders will then make
new eligible appointments no later than 14 calendar days following
the deadline prescribed in paragraph b of this subsection. The four
newly appointed members will appoint three additional members as set
forth no later than 28 calendar days following the deadline prescribed
in paragraph 2 of this subsection. In the event that all three additional
members are not appointed by the prescribed deadline, the appointment
of the initial four members will no longer have force and effect,
and these members will no longer be eligible to serve on the Commission.
ii.
The majority and minority leaders will then make new eligible
appointments no later than 14 calendar days following the day the
previously appointed members failed to properly appoint the three
additional members. The four newly appointed members will appoint
three additional members as set forth no later than 28 calendar days
following the day the previously appointed members failed to properly
appoint the three additional members.
iii. In the event that these four members fail to select all of the three
additional members by the deadline prescribed in subparagraph ii of
this subsection then no later than 28 calendar days after the deadline
prescribed in subparagraph ii of this subsection the three additional
members of the Commission shall be selected by a drawing of names
from a receptacle containing the names of the remaining members of
the pool of candidates that the four members have agreed by a majority
vote meet the criteria set forth in subsection a. The four newly appointed
members shall verify that the receptacle contains the names of all
remaining members of the pool of candidates. The County Clerk or their
representative shall draw three names from the receptacle containing
the names of all of the remaining interested parties. If the four
newly appointed members determine by a majority vote that any one
of the three additional members together with the four appointed members
thus selected do not represent the criteria set forth in subsection
a, the process shall be repeated with respect to the number of additional
members to be appointed. The rejected members shall not be placed
back in the receptacle. This process shall be repeated until a majority
of the four members determine that the three additional members together
with the four appointed members represent the criteria set forth in
subsection a. The three names thus selected shall constitute the three
additional members of the Commission.
3.
A vacancy in any Commission shall be filled in the manner that
the vacant position was originally filled. A vacancy shall be filled
no later than 15 days from the date of vacancy.
4.
In the event that the Commission is disbanded, dissolved, all
members declared ineligible or otherwise declared incapable of fulfilling
its duties, the Legislature's majority leader shall appoint two
new members and the Legislature's minority leader shall appoint
two new members which shall be appointed within 14 calendar days.
The additional three members shall be appointed following similar
methods and timelines prescribed within subsection d.
(e) The
first meeting of the Commission shall be convened by the County Executive
no later than 15 days after it is fully appointed for the purposes
of receiving its charge and determining how a Chairperson will be
selected. The Commission shall decide at its first meeting by a majority
vote of the entire membership of the Commission if it will have a
Chairperson and Vice Chairperson by election or a Chairperson by rotation.
[Amended 12-2-2021 by L.L. No. 1-2022]
1. Chairperson
and Vice Chairperson by election. The Commission shall elect a Chairperson
and Vice Chairperson at its first meeting by majority vote of the
entire membership of the Commission. The Chairperson and/ or Vice
Chairperson may be removed from his/her seat by a two-thirds vote
of the entire membership of the Commission. A vote for the removal
of the Chairperson and/ or Vice Chairperson may be called by any member
of the Commission. A vote for removal from the seat of Chairperson
or Vice Chairperson is not a vote for removal from the Commission.
In the event of a vacancy in the seat of Chairperson or Vice Chairperson
the vacancy shall be filled by a majority vote of the entire Commission
immediately thereafter, but in no event shall it be later than its
scheduled meeting immediately following the vacancy
2. Chairperson
by rotation. The position of Chairperson shall rotate each meeting.
The position shall rotate among the members in alphabetical order
by surname commencing with the member whose surname begins with the
letter appearing earliest in the alphabet. A member may elect to not
sit as the Chairperson, in which event, the Chair shall move to the
next member in the rotation. Should a member elect to not serve as
Chairperson at any point during the rotation, this decision shall
not result in the forfeiture of future turns to serve as Chairperson.
(f) Powers
and duties of the Commission Member; hearings; submissions and approval
of the plan.
[Amended 12-2-2021 by L.L. No. 1-2022]
1.
Following each decennial census, the Commission shall divide
the County into 25 single-member districts as set forth in all applicable
federal and state law as well as this section for the election of
County Legislators. The plan for reapportionment shall include the
metes and bounds of each district, population of each district and
a map delineating each district boundary. The Commission shall be
solely limited to creating district boundary lines delineating each
of the 25 legislative districts. The Commission shall have no power
or authority to increase or decrease the number of legislative districts.
2.
Commission meetings shall be subject to Open Meetings Law. Adopted
minutes shall be posted on the County website within five business
days.
3.
Necessary County Departments and employees shall assist the
Commission in duties including but not limited to legal advice, geographic
information systems, and a meeting or public hearing location. A County
Legislator or employee of the County Legislature shall not work in
an official capacity with the Commission but may do so as a member
of the general public.
4.
A method for public comment to be submitted through the County
website shall be available at the time of the Commission's first
meeting and a method to comment on draft plans available 10 days prior
to the first public hearing.
5.
The Commission shall hold two or more geographically diverse
public hearings at varying times of the day and week no later than
three months after its first meeting or the publication of the census
block data whichever is later and shall make its draft plan available
to the public for inspection and comment not less than 10 days before
such public hearing.
6.
Evidence of compliance with United States Voting Rights Act
Section 2 shall be included with said draft plan. Necessary well-established
measurements of compactness comparing existing and proposed districts
shall be included with said draft plan.
7.
The Commission shall prepare and adopt, by majority plus one
vote of the constituted body, a plan for reapportionment and file
its plan with the Dutchess County Board of Elections no later than
four months after its first meeting after it is fully appointed or
the publication of the census block data whichever is later.
8.
If any of the provisions of paragraphs 5, 6 and 7 of subsection
f are not met the Commission shall be disbanded and the appointment
process shall follow guidelines set forth in subsection d.
9.
The Commission's reapportionment plan shall have the force
and effect of law.
10.
Board of Elections may make minor technical adjustments as may
be necessary and appropriate to implement the adopted plan and advise
the Committee of any such changes.
(g) The
County Legislature shall appropriate such funds as it deems are necessary
for the Commission to effectively conduct its business. The expenditure
of such funds shall be under the sole control and discretion of the
Commission subject to the provisions set forth in this section and
applicable federal, state, and local laws.
(h) The
Commission shall be dissolved on the day following the general election
in which the adopted plan is first used.
(i) Said
plan adopted by the Commission shall not be subject to approval or
disapproval by the County Legislature and County Executive.
(j) The
adopted plan shall be found on the County website.
The County Legislature shall be the legislative, appropriating
and policy-determining body of the County. Except as may otherwise
be provided herein, it shall have and exercise all the legislative
powers and duties now or hereafter conferred or imposed by state law
or this Charter upon a Board of Supervisors or a legislative body
of a county, and all powers and duties necessarily implied or incidental
thereto.
Among such powers and duties, but not by way of limitation,
it shall:
(a) Make appropriations, levy taxes, incur indebtedness and adopt the
County budget;
(b) Enact, amend or rescind local laws, ordinances, legalizing acts or resolutions, subject to approval of the County Executive as provided in Section
3.02(i) of this Charter;
(c) Adopt, amend or repeal, by local law, an Administrative Code which
shall set forth the details of administration of the County government
consistent with the provisions of the Charter;
(d) Adopt by resolution all necessary rules and regulations for its own
conduct and procedure;
(e) Establish or abolish positions of employment and titles thereof,
as provided by law;
(f) Establish by local law one or more offices of deputy to the head
of any unit of County government;
(g) Fix by resolution the compensation of all County officers and employees
except members of the judiciary;
(h) Fix by resolution the compensation to be paid from County funds to
officers or employees who are not officers or employees of the County;
(i) Grant by resolution to its officers and employees vacations, sick
leaves, compensatory time and leaves of absence, with or without pay,
and adopt rules and regulations in relation thereto;
(j) Fix by resolution the number of hours constituting a legal day's
work for all classes of County employees and grant to the employing
officer or board the power to stagger working hours;
(k) Establish by resolution the method for the correction of manifest
clerical or other errors or omissions in assessment rolls or returns
thereof as authorized by §§ 554 and 556 of the Real
Property Tax Law, subject to review by the courts;
(l) Fix the amount of bonds of officers and employees paid from County
funds;
(m) Conduct studies and investigations in furtherance of its legislative
functions, and in connection therewith obtain and employ professional
and technical advice, appoint citizens' committees, commissions and
boards, subpoena witnesses, administer oaths, and require the production
of books, papers and other evidence necessary or material to such
studies or investigations;
(n) Legalize and validate by legalizing act any act had or taken in connection
with a lawful municipal purpose by a governing board or other body,
officer or agency of a local municipality wholly within the County
in the manner provided in the County Law;
(o) Override the disapproval of legislation by the County Executive pursuant to the provisions of Section
3.02(i) of this Charter by two-thirds vote of the total number of its members, and the same shall be duly enacted as originally submitted to him/her, but if the County Legislature shall fail to override such disapproval within 30 days of the return to it of such legislation, the disapproval shall be final; and
(p) Appoint Legislators who shall serve at the pleasure of the County
Legislature, unless otherwise required by law, as those members of
the Jury Board authorized by law to be appointed by a County unit.
[Amended 2-14-2001 by L.L. No. 1-2001]
Confirmation of appointments, where required by this Charter,
shall be by affirmative roll call of the majority of the voting members
of the County Legislature, except that if the County Legislature shall
fail to take action within 60 days after the filing of written notification
of appointment with the Clerk of the County Legislature, such appointment
shall be deemed approved.
Members of all citizens' committees, commissions and boards appointed pursuant to Section
2.02(m) of this Charter shall serve at the pleasure of the County Legislature. They shall serve without compensation other than for actual and necessary expenses within appropriations made therefor, unless otherwise provided by resolution of the County Legislature. The Chair of the County Legislature shall be a member ex officio of all such committees, commissions and boards.
[Amended 2-16-2017 by Res. No. 2017035]
The Dutchess County Legislature shall annually, by resolution
duly adopted during the month of December, fix the date, time, and
place of the meeting to organize the board.
The County Legislature shall fix by rule the time and place
of its regular meetings, which shall be conducted at least once each
calendar month. No prior notice of such meetings shall be required.
Special meetings may be conducted at such times and places and upon
such conditions and notice to all members as the County Legislature
by rule may provide.
A Chair of the County Legislature shall be elected from the membership of the County Legislature at its organizational meeting, or at an adjourned meeting thereof, who shall serve as Chair for the balance of the calendar year. In the event of vacancy, the County Legislature shall fill the office of Chair in the manner provided by its rules. Should the County Legislature fail to select a Chair within 30 days after that office shall become vacant for any reason, however, the County Executive shall appoint a member of the County Legislature to serve as its Chair for the balance of the calendar year, as provided in Section
3.02(j) of this Charter.
A Clerk of the County Legislature shall be appointed by the
County Legislature at its organizational meeting, or at an adjourned
meeting thereof, in the manner provided by its rules. The Clerk shall
be and remain an elector of the County, and he/she shall serve at
the pleasure of the County Legislature and until his/her successor
shall be appointed and shall qualify. A vacancy in the office of Clerk
shall be filled by the County Legislature. The County Legislature
may appoint such Deputy Clerks and employees as it may require.
A vacancy in the membership of the County Legislature shall
be filled during the first 30 days after its occurrence as follows:
(a) In a district lying wholly within the boundaries of one town or city,
by a majority vote of the whole board or council governing said town
or city;
(b) In a district lying within the boundaries of two or more towns or
cities or parts thereof, by a majority weighted vote of all the boards
or councils governing said towns or cities assembled collectively
for the purpose of filling such vacancy. Such weighting shall be based
upon the ratio of population of each town in such district, and divided
equally among the members of each separate board or council.
The person selected to fill such vacancy shall take and file
his/her oath of office pursuant to law, and shall be entitled to take
his/her seat on the County Legislature at its next meeting. He/She
shall serve until the first day of January next following the general
election at which such vacancy may be filled, at which general election
such vacancy shall be filled for the unexpired term, if any.
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In the event such vacancy is not filled as hereinabove provided
during the first 30 days after its occurrence, a special election
shall be held in the district wherein such vacancy shall have occurred.
The person elected at such special election shall take and file his/her
oath of office pursuant to law, and shall be entitled to take his/her
seat on the County Legislature at its next meeting and shall serve
for the unexpired term.
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[Amended 11-21-1978 by L.L. No. 6-1978]
There shall be a Counsel to the Legislature who shall be appointed
by the Chair of the Legislature subject to the confirmation of the
County Legislature. At the time of his/her appointment, and throughout
his/her term of office, the Counsel to the Legislature shall be and
remain duly licensed and entitled to practice law in the State of
New York. He/She shall be appointed on the basis of his/her legal
experience and other qualifications for the responsibilities of his/her
office. He/She shall be directly responsible to, and serve at the
pleasure of, the County Legislature.
(a) Powers and duties. Except as may otherwise be provided in this Charter,
the 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, ordinances, resolutions, legalizing acts
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 Dutchess County Legislature;
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;
6. Perform such other related and nonconflicting duties as may be required
by the County Legislature.
(b) Deputies and assistants. Legal Counsel to the Legislature shall have
the power to appoint such deputy and assistants and employees of his/her
department as shall be authorized by the County Legislature. At the
time of their appointment, and throughout their terms of office, all
deputies and assistants shall be and remain duly licensed and entitled
to practice law in the State of New York. All deputies and assistants
and employees of the department shall be directly responsible to,
and serve at the pleasure of the Counsel to the Legislature, except
as otherwise provided by this Charter, the Administrative Code or
applicable law.
(c) Acting Legal Counsel to the Legislature. The Legal Counsel to the
Legislature, subject to approval by the Legislature, shall designate
in writing, and in order of succession, the Deputy and Assistant Counsel
who shall be Acting Legal Counsel in the event of his/her absence
from the County or inability to perform and exercise the powers and
duties of his/her office. Such designation shall be filed with the
County Clerk and the Clerk of the Legislature and may be revoked at
any time by the Legal Counsel to the Legislature filing a new written
designation and order of succession. The Acting Legal Counsel shall
have all the powers and perform all the duties of the Legal Counsel
to the Legislature.
(d) Term of appointment. The Counsel to the Legislature shall serve for
a fixed term of appointment of five years.
(e) Vacancies in the Office of Counsel to the Legislature. A vacancy
in the Office of Counsel to the Legislature which occurs during the
term of the Counsel to the Legislature shall be filled for the balance
of that term by the Chair of the Legislature. The appointee to the
position shall be subject to confirmation by the Legislature.