This Code, and all amendments hereto, shall be known and may
be cited as the "Dutchess County Administrative Code."
The purpose of this Code is to set forth the details of administration
of the Dutchess County government, consistent with the provisions
of the Dutchess County Charter. The County Executive shall promulgate
and maintain a Manual of Management Policies, Organization and Procedures
to further implement the provisions of the Dutchess County Charter
and this Code with respect to the powers and duties of his/her office.
Any state law which is inconsistent with this Code shall be
superseded by this Code to the extent inconsistent and within the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 Code; provided, however, that the provisions of this Code shall
not be construed to invalidate or impair any provision of the Dutchess
County Charter.
Whenever used in this Code, local laws, ordinances, legalizing
acts or resolutions, unless otherwise expressly stated or required
by subject matter or context:
(a)
"County" shall mean the County of Dutchess.
(b)
"Charter" shall mean the Dutchess County Charter and all amendments
thereto.
(c)
"Administrative Code" and "Code" shall mean the administrative code
adopted by and for the County of Dutchess and all amendments hereto.
(d)
"local law" shall mean a law adopted pursuant to the Charter within
the power granted by the Constitution of the State of New York, an
act of the State Legislature or a provision of the Charter, but shall
not include ordinances, legalizing acts or resolutions.
(e)
"ordinance" shall mean a legislative act, not subject to referendum,
adopted pursuant to the Charter and relating to property or any other
subject of County concern not required to be enacted by local law,
legalizing act or resolution.
(f)
"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.
(g)
"resolution" shall mean a legislative act other than a local law,
ordinance or legalizing act, adopted pursuant to the Charter, but
not subject to referendum.
(h)
"legislative branch" shall mean the County Legislature and all units
of government within its jurisdiction.
(i)
"executive branch" shall mean the County Executive and all units
of government within his/her jurisdiction.
(j)
"department" shall mean each of those units of the executive branch
set forth in Articles IV through XIX of the Charter.
(k)
"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.
(l)
"division" shall mean a unit within a department or office of an
appointed or elected officer.
(m)
"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.
(n)
"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.
(o)
"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.
(p)
"deputy" shall mean a County officer authorized by his/her principal
to exercise delegated discretionary powers and duties.
(q)
"unit" shall mean any part of the County government, including officers
thereof.
(r)
"judiciary" shall mean judges.
(s)
"qualified elector" shall mean a person qualified to cast a ballot
in a County election.
(t)
"quorum" shall mean a majority of the total number.
(u)
"total number" shall mean the number of a duly constituted body if
there were no vacancies and no persons disqualified from acting.
