Article II Legislative Branch

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.

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]

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

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.

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

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.

Districts shall be as compact in form as practicable, and

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

Districts shall be formed so as to promote the orderly and efficient administration of elections, and

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.

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]

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.

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.

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.

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.

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]

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

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]

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.

Commission meetings shall be subject to Open Meetings Law. Adopted minutes shall be posted on the County website within five business days.

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.

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.

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.

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.

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.

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.

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.

[1]

Editor's Note: This local law also provided that "Local Law 2 of 2013 shall be deemed repealed on the day following the first adopted plan under this local law is no longer eligible for a referendum on petition or adopted by the electorate by said referendum. All incumbent members of the Dutchess County Legislature shall continue to serve until the end of their current term, unless such incumbent's service shall be terminated by death, resignation, special election, or otherwise, in which event such vacancy shall be filled in the manner herein provided."

Section 2.02 Powers and duties.

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:

Make appropriations, levy taxes, incur indebtedness and adopt the County budget;

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;

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.

Section 2.03 Local laws.

2.031.

Adoption, amendment and repeal. The County Legislature may adopt, amend and repeal local laws by not less than a majority vote of the total number of its members. Each local law shall embrace only one 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 the Municipal Home Rule Law, the County may change, supersede or amend any act of the State Legislature.

2.032.

Procedure. 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 referenda in connection therewith, shall be as provided in the Administrative Code or applicable law.

2.033.

Referenda. Local laws shall be subject to mandatory or permissive referenda when required by this Charter or applicable law.

2.034.

Effective date. 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 therein.

Section 2.04 Ordinances.

2.041.

Adoption, amendment and repeal. The County Legislature may adopt, amend and repeal ordinances by not less than a majority vote of the total number of its members. Each ordinance shall embrace only one 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. Ordinances shall not be subject to referenda.

2.042.

Procedure. Except as may otherwise be provided in this Charter, all procedural details relating to the adoption, amendment and repeal of ordinances shall be as provided in the Administrative Code or applicable law.

2.043.

Content. Ordinances may provide:

For their enforcement by legal or equitable proceedings in courts of competent jurisdiction;

That violations thereof shall constitute offenses or misdemeanors; and

Section 2.07 Confirmation of appointments.

For punishment for violation by civil penalty or by fine or imprisonment, or by any combination thereof.

Section 2.05 Resolutions.

2.051.

Adoption, amendment and repeal. The County Legislature may adopt, amend and repeal resolutions by not less than a majority vote of the total number of its members. Each resolution shall embrace only one 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 or ordinance. Resolutions shall not be subject to referenda.

2.052.

Procedure. Except as may otherwise be provided in this Charter, all procedural details relating to the adoption, amendment and repeal of resolutions shall be as provided in the Administrative Code or applicable law.

Section 2.06 Legalizing acts.

2.061.

Adoption, amendment and repeal. The County Legislature may adopt, amend and repeal legalizing acts by not less than a majority vote of the total number of its members. Each legalizing act shall embrace only one subject.

2.062.

Procedure. Except as may otherwise be provided in this Charter, all procedural details relating to the adoption, amendment and repeal of legalizing acts shall be as provided in the Administrative Code or applicable law.

[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.

Section 2.08 Committees, commissions and boards.

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.

Section 2.09 Organizational meeting.

[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.

Section 2.10 Monthly and special meetings; notice.

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.

Section 2.11 Chair of County Legislature; election; vacancy.

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.

Section 2.12 Clerk of County Legislature; appointment; qualifications; vacancy; deputies and employees.

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.

Section 2.13 Membership vacancy; selection of interim successor; election of successor; special election.

A vacancy in the membership of the County Legislature shall be filled during the first 30 days after its occurrence as follows:

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;

Section 2.14 Counsel to the Legislature.

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.

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.

[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.

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:

Render legal advice to the County Legislature;

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;

Attend all regular and special meetings of the Dutchess County Legislature; be available to attend all committee meetings of the Legislature;

Prepare all necessary memoranda and opinions surrounding the various issues addressed by the legislation of this County;

Be prepared at all times to give legal counsel to the Legislators and the various officers of the Legislature surrounding their respective functions;

Perform such other related and nonconflicting duties as may be required by the County Legislature.

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.