A.
The elected legislative body of Rockland County shall
be known as the "County Legislature of the County of Rockland."
B.
The County of Rockland shall be divided into 17 districts,
of similar size, to be known as "legislative districts," with new
district lines to take effect January 1, 2024, from each of which
shall be elected one member of the County Legislature as hereinafter
set forth. Each such person while holding office shall be known as
a "County Legislator."
[Amended 4-27-2011 by L.L. No. 1-2011; 11-1-2022 by L.L. No. 1-2023]
C.
Legislative districts; maps.
(1)
The County of Rockland shall be divided into 17 legislative
districts, with new district lines to take effect January 1, 2024,
said districts to be drawn and bounded by the Rockland County Legislature
upon approval of this section and filed with the Clerk to the Legislature
bounded and described as follows: (See Schedule A, Maps and Census
Block Descriptions, annexed hereto and made a part hereof.[3])
[Amended 4-27-2011 by L.L. No. 1-2011; 11-1-2022 by L.L. No. 1-2023]
[3]
Editor's Note: Schedule A, which contains the metes and bounds
descriptions of the legislative districts, is on file in the County
offices.
(2)
The map of the districts referred to above, as well
as a map showing the legislative districts into which Rockland County
is herein divided, shall be filed with the Clerk to the County Legislature
of the County of Rockland and shall remain on file and shall be considered
and hereby made part of this chapter.
D.
Each County Legislator shall be a resident elector
of the district he or she represents throughout his or her term of
office. Each Legislator shall also be a resident elector of the district
he or she represents if he or she is appointed to fill a vacancy and
throughout his or her term of office.
E.
After each federal decennial census, beginning with
that of 2030, the Clerk to the County Legislature shall determine
the results of said census, publicly announce such results and file
the same with the County Legislature. The County Legislature shall
thereupon reconsider its representation and, if necessary, reconstitute
and reapportion its membership. Any amendment to this code reapportioning
representation on the County Legislature shall be subject to a permissive
referendum on petition to the extent required by the New York State
law and in the manner provided for by the terms and provisions of
§ 34 of the Municipal Home Rule Law.
[Amended 4-27-2011 by L.L. No. 1-2011; 11-1-2022 by L.L. No. 1-2023]
[Amended 7-1-1997 by L.L. No. 15-1997]
The term of office of a County Legislator shall
be for four years and shall begin on the first day of January immediately
succeeding his or her election. However, notwithstanding the above
provision, the term of office of all Legislators elected on November
4, 1997, shall be for two years, commencing January 1, 1998, and expiring
on December 31, 1999.
[1]
Editor's Note: Former § 5-9, Staggering
of terms, was repealed 7-1-1997 by L.L. No. 15-1997.
The County Legislature shall be the governing
body of the County and shall be the legislative, appropriating and
policy-determining body of the County and shall have and exercise
all powers and duties of the County now or hereafter conferred or
imposed on the County Legislature by applicable law and any and all
powers necessarily implied or incidental thereto, together with such
powers and duties as are provided for in the Charter and this code.
In addition to all powers conferred by the foregoing or other provisions
of the Charter and this code, the County Legislature shall have, but
not be limited to, the power, among others, to:
A.
Make appropriations, levy taxes, incur indebtedness
and adopt a budget, including a capital program.
B.
Exercise all powers of local legislation in relation
to enacting, amending or rescinding local laws, legalizing acts, ordinances
or resolutions.
C.
By local law, adopt, amend or repeal this code, which
shall set forth the details of administration of the County government
consistent with the provisions of the Charter and which code may contain
revisions, simplifications, consolidations, modifications and restatements
of special laws, local laws, ordinances, resolutions, rules and regulations
consistent with the Charter or amendments thereto.
D.
By local law, create, alter, combine or abolish County
administrative units.
E.
Adopt, by resolution, all necessary rules and regulations
for its own conduct and procedure,[2] including the election of a Chairman and Clerk and the
appointment of all necessary employees in the Legislative Branch,
not inconsistent with the Charter or this code.
F.
Adopt such standard rules and regulations regarding
County employment as it may deem appropriate.
G.
Subject to the Constitution and general laws of the
State of New York, to fix the number of hours constituting a legal
day's work for all classes of County employees and grant to the administrative
head or board the power to stagger working hours.
H.
Establish and/or abolish positions of employment and
titles thereof.
I.
Fix the compensation of all officers and employees
paid from County funds, including vacations and sick leave, except
that the compensation of any elected official or official appointed
for a fixed term paid from the County funds shall not be changed during
his or her term of office, except as in accordance with the provisions
of the Municipal Home Rule Law.
J.
Fix, by resolution, the compensation to be paid from
County funds for persons rendering service to or on behalf of, but
who are not officers or employees of, the County.
K.
Fix the amount of bonds of officers and employees
paid from County funds.
L.
Make or cause to be made such studies and investigations
as it deems to be in the best interests of the County and, in connection
therewith, to obtain and employ professional and technical advice
and services, appoint temporary advisory committees, boards or commissions
of citizens, subpoena witnesses, administer oaths and require the
production of books, papers and other evidence deemed necessary or
material to such study, inquiry or investigation, all in furtherance
of its legislative functions.
M.
Legalize and validate any act had and taken in connection
with the lawful municipal purpose or for a lawful municipal object
or purpose by the governing board or other local body, officer or
agency of a municipality, wholly with the County, in the manner provided
by § 227 of the County Law.
N.
Confirm the appointment of all heads of units of County
government, except those required to be elected.
O.
Create, establish and/or abolish the office of deputy
or deputies to the head of any department, administrative unit or
to any principal executive County officer, with power vested in such
deputy to act generally for and in place of his principal.
P.
Determine and make provision for any matter of County
government not otherwise provided for, including, but not by way of
limitation, any necessary matter involved in the transition to the
Charter form of government.
Q.
Determine and fix real property tax equalization rates
among the various taxing districts of the County for County purposes
consistent with standards prescribed by the Legislature of the State
of New York and file the same in accordance with applicable law.
R.
Establish, by resolution, the method for correction
of manifest clerical or other errors or commissions in assessment
rolls or returns thereof, as authorized by law.
S.
Create and establish the office of Clerk to the County
Legislature and to appoint a person to such office for a term.
T.
Award all contracts for professional services.
U.
Authorize the employment of officers or employees
by the County with a salary in excess of the minimum for the grade
of the position.
A.
The County Legislature shall meet on January 1 of
each year, or as soon thereafter as practicable, and elect one of
its members to be Chairperson, who shall serve for and whose term
shall be the balance of the year so appointed. At the same time, the
Legislature shall also elect such other officials as are deemed required.
B.
The Chairperson shall have all the powers and perform
all the duties prescribed by the Charter, applicable statutes, local
laws or resolutions heretofore or hereafter adopted. In addition,
the Chairperson shall appoint members of the County Legislature to
serve on such committees as are provided by the rules of such Legislature.
C.
Until such time as a Chairperson has been designated
by election or appointment, the Clerk to the County Legislature shall
preside at all meetings of the Legislature. The failure to elect a
Chairperson or appoint committee members shall not prevent the County
Legislature from transacting its ordinary business.
The County Legislature shall, on January 1 of
each year or as soon thereafter as practicable, appoint a Clerk of
its body, who shall serve and whose term shall be for the balance
of the year so appointed and until a successor is appointed and has
qualified. The Clerk shall have all the powers and perform all of
the duties prescribed by the Charter,[1] applicable statutes, local laws or resolutions heretofore
or hereafter adopted. The Clerk shall appoint, to serve at his or
her pleasure, at least one deputy. The Clerk may, when such positions
are authorized by the County Legislature and within the budgetary
appropriations provided therefor, appoint to serve, at his or her
pleasure, such additional deputies and such additional personnel as
are required and as may be deemed necessary for the performance of
his or her duties.
[1]
Editor's Note: Former § 5-13, Office
of Fiscal and Budget Review, and § 5-14, Legislative Operations
Analyst/Auditor, were repealed 3-19-1996 by L.L. No. 16-1996, which
passed at referendum 11-5-1996.
A.
Legislative intent. For the County Legislature to
have the capacity to prepare legislation independent of, as well as
in cooperation with, the Executive Branch, it has been determined
by the Legislature that given the separate branches of Rockland County
Government, the County Legislature requires a Counsel to the Legislature
who is separate from and not dependent upon the approval and resources
of the County Executive and Executive Branch. Therefore, the Rockland
County Legislature finds that the interests and requirements of legislative
responsibility and authority will be better served by the creation
of such Counsel to the Legislature, and such position shall be and
hereby is created.
B.
Legislative Counsel. There shall be and hereby is
created the position of Legislative Counsel (Counsel to the Legislature),
and the Legislative Counsel shall serve at the pleasure of the County
Legislature but may, at the discretion of the Legislature, be given
an appointment of fixed years.
C.
Powers and duties. The Legislative Counsel shall provide
legal advice to the County Legislature in the drafting of legislation
and otherwise in cooperation and consultation with the County Attorney
and the Department of Law. The Legislative Counsel shall have and
exercise all powers and duties heretofore or hereafter lawfully granted
or imposed by the Charter, this code, local law, ordinance or resolution,
order or direction of the County Legislature or by any applicable
provision of any act of the State Legislature not inconsistent with
the Charter or this code.
D.
Reports. On or before March 1 of each year, the Legislative
Counsel shall make an annual report for the immediately preceding
calendar year, covering generally his or her work and, classified
by subject matter, the legislation prepared and proposed during such
year as well as the results of such consideration of same by the Legislature
as has occurred. The Legislative Counsel shall make such other reports
at such times as may be required by the County Legislature. Copies
of all reports shall be filed with the Clerk to the County Legislature.
E.
Assistant and Deputy Counsel. The Legislative Counsel
shall supervise such Assistant Legislative Attorneys as may hereafter
be authorized by the County Legislature. All Assistant Legislative
Attorneys, if any, shall serve at the pleasure of the Legislature.
A.
A vacancy occurring on the County Legislature, other
than by expiration of term, shall be filled by an affirmative vote
of a majority of the members thereof, who shall appoint a qualified
person to fill the vacancy from among qualified electors of the legislative
district from which the vacancy occurred. The appointment shall be
made within 30 days after the vacancy occurs. If the appointment is
not made within said 30 days, a special election shall be conducted
to fill the vacancy within 90 days after the vacancy; provided, however,
that if there shall be a general election within 120 days after said
vacancy occurs, the vacancy shall be filled at the general election.
The person so appointed shall hold office until the commencement of
the calendar year next succeeding the first annual election at which
the vacancy may be filled.
B.
Such appointee shall be a resident elector of the
district he or she represents at the time of appointment and throughout
his or her term of office.
C.
Any successor who shall be so appointed or elected
shall possess all the qualifications required of members of the County
Legislature set forth in this chapter.
A.
The County Executive shall have the power, within
30 days after its presentation to the County Executive by the Clerk
to the County Legislature, to veto any legislation passed by the County
Legislature, except as to the election and designation of the Chairman,
Clerk to the Legislature and the internal rules and operation of the
Legislature and its committees and those appointments specifically
reserved to the Legislature by the Charter.
B.
A copy of all legislation enacted by the County Legislature
shall, after its passage, be separately certified by the Clerk to
the County Legislature and filed by the Clerk with the County Executive
within five days after its passage for approval by the County Executive.
C.
If the County Executive approves such legislation,
he or she shall sign it and return it to the Clerk, and it shall then
be deemed to have been adopted. If he or she 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 in its record,
journal or minutes of proceedings. The County Legislature, within
30 days after the date of such meeting, may reconsider same. If, after
such reconsideration, such local law or resolution is adopted by a
vote of at least 2/3 of the total voting power of the legislative
body taken to the next highest whole number, such vote shall override
the County Executive's veto and it shall be deemed adopted. Only one
vote shall be had upon such reconsideration.
D.
If any of such legislation shall not be returned by
the County Executive within 30 days after it shall have been presented
to the County Executive 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. At any time prior to such adoption or to the return of a local
law or resolution by the County Executive, as the case may be, the
Legislature may recall the same and reconsider its action thereon.
E.
The procedures to be followed and the powers of the
County Executive and County Legislature relative to the passage and
veto of local laws shall be governed by and be in accordance with
Article 3 of the Municipal Home Rule Law of the State of New York.
[Amended 6-18-1996 by L.L. No. 17-1996[2]]
Appointments made by the County Executive which
require confirmation by the County Legislature shall be presented
to the full legislature by the County Executive at least one week
prior to the next scheduled meeting. If the Legislature fails to confirm
or reject the appointment within 60 days thereafter, the appointment
shall be deemed confirmed. When an appointment is rejected by the
Legislature, the same appointment may not be resubmitted by the County
Executive without the approval of the Legislature. Any such appointment
subject to legislative approval shall be submitted to the County Legislature
no more than 21 working days after the appointment of said individual.
The County Executive shall forward to the appropriate committee of
the Legislature any background information pertinent to said appointment
in a sealed envelope addressed to each legislator on said committee,
said material to be reviewed in executive session prior to said committee
voting thereon.
A local law is a law adopted pursuant to the
Charter within the power granted by the State Constitution, act of
the Legislature or provision of the Charter and shall not include
a resolution, ordinance or legalizing act. The County Legislature
may adopt, amend or repeal a local law. A local law shall be passed
by not less than a majority of the whole number of members of the
County Legislature and may relate to property, affairs of government
of the County or any other subject matter of County concern. In the
exercise of such power and within the limitations provided by Article
4 of the Municipal Home Rule Law, the County may change, supersede
or amend any act of the New York State Legislature. Such power shall
include but shall not be limited to a power or powers vested in any
County in the State of New York or the elective governing body thereof
to adopt, amend or repeal local laws granted by any provisions of
general laws, special laws, Charters, special acts or local laws.
The provisions of the Municipal Home Rule Law are hereby made applicable
for the adoption and publication subsequent thereto of all local laws.
A.
Every local law shall be entitled "LOCAL LAW NO. ____
OF ____ (Year)," (amending, etc., or otherwise, as the case may be).
If a local law amends a specific local law, the matter to be eliminated
shall be enclosed in brackets or parentheses and the new matter underscored
or italicized.
B.
Except as may otherwise be provided in the Charter,
the procedure for the adoption of a local law, including referendum,
mandatory or permissive, shall be as provided in Articles 3 and 4
of the Municipal Home Rule Law.
The filing and publication of local laws shall
be as provided by § 27 of the Municipal Home Rule Law, and
the courts shall take judicial notice of all local laws and of rules
and regulations adopted pursuant thereto.
A local law shall be subject to mandatory or
permissive referendum when required by the Charter or applicable law.
After adoption, every local law shall, subject
to the provisions and requirements of the Municipal Home Rule Law,
become effective 20 days after filing in the office of the Secretary
of the State of New York or on such later date as may be provided
in said local law.
A.
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. 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.
B.
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 such violations by
civil penalty or by fine or imprisonment or by two or more such penalties
or punishments.
The Chairperson of the County Legislature shall
have the power to designate and authorize any member, officer or employee
of the Legislative Branch to attend an official or unofficial convention,
conference or school for the betterment of County government. Within
the appropriations provided therefor and when so authorized, all necessary
and actual expenses, including but not limited to registration fees
not exceeding the amount fixed by the General Municipal Law and mileage
as fixed by the County Legislature shall be paid from County funds.
The County Legislature may authorize, under
such rules and procedures as it may establish and within the appropriations
provided therefor, the reimbursement of mileage and/or other necessary
and actual travel expenses incurred by members of the County Legislature
and officers or employees of the Legislative Branch in travel to and
from and in attendance at those events where attendance by said members
would be beneficial to County government.
A.
The County Legislature may establish a revolving petty
cash fund for any administrative unit or subdivision thereof or officer
in such amounts as it deems necessary. Any petty cash fund heretofore
established by the County Legislature shall be continued in existence
as a petty cash fund for the administrative unit or subdivision thereof
or officer for which it was established or the successor of such unit
or officer created pursuant to the provisions of the Charter and this
code. The County Legislature shall determine which administrative
unit, subdivision or officer shall be considered to be the successor
administrative unit, subdivision or officer for the purpose of this
section. The County Legislature may increase, decrease or abolish
any petty cash fund established or continued pursuant to this section.
Any petty cash fund shall otherwise continue in existence from year
to year until abolished.
B.
The head of said administrative unit or division thereof
or officer shall be the custodian of said petty cash funds and shall
be fully responsible and accountable for said funds.
C.
Expenditures from said petty cash fund shall only
be for authorized expenditures of the County of Rockland and shall
be properly itemized with proper supporting documentation, such as
bills, receipts, etc.
D.
Moneys in any such fund established for the offices
of the Sheriff, District Attorney or Public Defender may also be used
to advance travel funds to personnel of the Sheriff's Department,
District Attorney's or Public Defender's office when required to travel
on official business outside of the County.[1]
E.
Said petty cash fund shall be reimbursed from the
appropriate budgetary item or items in the amount equal to the amount
approved for payment by the Commissioner of Finance. The Commissioner
of Finance shall notify each department head or officer immediately
of the disallowance of any such bills or any portion thereof, stating
the amount of each cash disallowance and the reason thereof. Any of
the subject bills or any portion thereof, if it has been disallowed,
shall be the personal responsibility of the department head or officer
responsible for the use of the petty cash fund from which payment
on account thereof was made. Such official, upon direction of the
Commissioner of Finance, shall forthwith reimburse the petty cash
fund in the amount disallowed. If such reimbursement is not promptly
made, the amount thereof shall be deducted from the official's salary
by order of the Commissioner of Finance and paid into the petty cash
fund until repaid in full.
F.
The recordkeeping for said petty cash fund shall meet
the requirements of the Commissioner of Finance and/or the County
Auditor.
[Added 8-3-2004 by L.L. No. 9-2004[1]]
A.
Findings and declaration of intent.
(1)
The County Executive and Legislature recognize the
need for full disclosure to the Legislature and the public as to any
item sent to the Legislature by the County Executive or one of the
County departments reciting the full history of, review and internal
decisions which have already been made on each proposed referral,
before it is sent to the Legislature.
(2)
From time to time referrals may be deferred from the
agenda of a committee until specific documentation is obtained or
until the Legislature or the public's questions are answered. On some
occasions proposed legislation is brought to the Legislature with
a request for immediate action due to perceived emergencies or shortly
before time limits relevant to the action proposed are scheduled to
expire. Without an existing mandate for full disclosure the legislature
may be asked to act without the level of disclosure, documentation,
analysis or awareness of alternate options that would possibly affect
the action being proposed.
(3)
With the codification of a standard of disclosure,
to apply to every item referred to committee from the County Executive
or a department head, the delay of action on a resolution and/or the
lack of full knowledge of all relevant factors will be avoided and
the public will be better served.
(4)
The purpose of this section is to avoid government
from operating in secret, where matters are reviewed by a department
head, personnel, finance, the legislative and executive branches and
then conclusions are arrived at and decisions made that will affect
the County for many years to come and then not disclosing to the Legislature
or to the public the information and reasoning used to arrive at the
proposal.
B.
DISCLOSURE STATEMENT
(1)
(2)
(3)
(4)
Definitions. As used in this section, the following
term shall have the meanings indicated:
A separate document(s) that shall accompany the proposed
resolution, that shall include, but not be limited to, the following:
A legal opinion signed by the County Attorney
(not one of his/her assistants) attesting that the item to be passed
is legal and proper in all respects and, if there are any legal infirmities,
to fully disclose same.
A financial statement to be signed by the Commissioner
of Finance (not one of his/her assistants) attesting to the financial
impact of the proposed referral upon the County of Rockland, not only
for the current fiscal year but in each successive fiscal year. For
example: items like a bond that are proposed to be financed for "x"
years should set forth a cost per year for financing of said bond,
based upon the market interest rate at the time the bond is proposed.
Letter from the Commissioner of Personnel (not
one of his/her assistants) attesting to the personnel impacts of the
proposed resolution, and which discloses such information as to whether
any new position will be created, whether or not any positions will
be abolished, and the impact of same.
Letter from the executive branch or department
head proposing the resolution, setting forth in specific detail an
outline of the proposal, its positives and negatives and the possible
consideration or options of adopting or altering a proposal.
C.
Mandatory referral back-up and documentation. All
referrals submitted to the legislature by the County Executive or
department head shall have a completed disclosure statement submitted
with the resolution when the resolution is presented to the Clerk
to the Legislature.
D.
Public record. All disclosure statements shall be
public records available for inspection or copying under the Freedom
of Information Law (NYS Public Officers Law Article 6), unless the
document content shall be otherwise exempt, and if so claimed to be
exempt, the document preparer must specifically state it is exempt
from public inspection, citing the reason for the exemption clearly
and the statutory authority, example, Mental Health Law § 33-13,
and identifying what portion of the statement shall be redacted.
E.
Failure to provide said disclosure statement. At the
discretion of the Chair of the Legislature he/she may, in writing
with explanation, waive any of the above documentation in whole or
in part.
[1]
Editor's Note: This local law was vetoed by
the County Executive, which veto was overridden 9-21-2004 by Res.
No. 464-2004.
[Added 8-3-2004 by L.L. No. 10-2004[1]]
A.
Findings and declaration of intent.
(1)
The function of the County Legislature, by statute,
is to set policy and to review, approve and appropriate funding for
County government functions, projects and acquisitions, among other
statutory authorities.
(2)
A significant part of County legislative consideration
is the borrowing, implementation and construction or acquisition of
major acquisitions ("bonded projects").
(3)
In the process of approving such appropriation, the
Legislature must evaluate and consider the time frame in which the
projects will be under construction before they are finished and used
by County personnel, the prioritization of competing capital projects,
estimates of the cost savings by undertaking the capital project and
long-term costs, and consideration of alternative remediation of construction
projects, such as renovation and/or temporary repairs.
(4)
Given the protracted period over which capital projects
are under consideration, evaluated, approved, funding appropriation,
construction and/or acquisition implemented, clear, precise tracking
of same is essential. The Legislature always has a significant dollar
amount of bonding that the County is amortizing and the Legislature
is also always in the process of evaluating the cost of projects that
are approved, but not completed, as well as considering long-range
projections for replacement, and the implementation of new or additional
capital items, the Legislature can better monitor its bonding with
a tracking system.
(5)
Because bonds have a life span of multiple-year duration
there can often be a long hiatus between the approval of the funding,
the initiation of construction or acquisition and the final repayment
of the indebtedness in full. Easy reference to all authorized and/or
outstanding funding will be a prudent management tool.
(6)
The Legislature needs the assistance of detailed information
from the affected departments, including but not limited to the Finance
Department, as to the current debt service, authorized but not yet
begun projects, and a detailed list of projects under construction,
but not completed. It is the determination of the Legislature that
given the magnitude of projects currently bonded, but not retired,
as well as the amount of projects approved with authorized appropriation
not yet funded and given the continued presentation of request for
additional capital project appropriations there is an immediate need
for a reliable, detailed tracking material to facilitate and assist
the Legislature in performing its duties of prioritization and approving
the expenditure of County funds as well as its consideration of new
appropriations and the undertaking of new capital construction in
a logical, affordable manner.
(7)
The current methodology of collective or "jumbo" or
"bundled" bonding has had the effect of resulting in mutation or undermining
of the Charter-granted legislative authority for the Legislature to
make policy determinations and properly to track, control and quantify
the annual and/or long-range appropriations projections that are the
function of the Legislature to perform.
(8)
The Legislature has observed that once large collective
bonds are passed, the prioritization of projects, scheduling of construction
and determination of all overall priorities is effectively wrested
completely from the Legislature. In addition, the essential continued
legislative oversight can be made virtually impossible because of
the artificial distance and removal of the Legislature from the process,
due to lack of information.
B.
BOND TRACKING SHEET
PROJECT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A document approved by the Legislature to be attached to
each bonding resolution, which will schedule and disclose the following
information: the bonding project proposed and/or requested by project
number and by title; specific projection of the total cost of the
project, not just the amount sought in the subject resolution; the
cost anticipated for borrowing through for completion of the project;
the projected date for implementation and construction of the project;
the amount of bonding authorized for the project by the Legislature,
authorized; the amount of bonding revenues that has been secured of
the amount appropriated to date in dollars; and such other items as
the Legislature may deem useful.
A specific capital expenditure item or procurement that the
funds sought by the resolution will be expended for. When a project
has multiple facets or stages, but a common location, i.e., courthouse
structure, then all appropriations approved through bonding resolutions
which will be incorporated into the structure or location shall be
treated as a common project.
C.
Mandatory referral of bonding resolutions tracking
system. All bonding referrals submitted to the Legislature shall have
a bond tracking schedule incorporated, as backup, attached to the
bond resolution, with duplicate copies maintained on file in the Department
of Finance and the office of the Clerk to the Legislature in appropriate
binders for long-term retention and easy and quick referral. Each
bond tracking sheet shall consist of precise, specific projections
of borrowing for the subject of the bond resolution, a history of
the implementation and construction progress for the project to date,
a recitation of prior referrals related to the subject resolutions
previously submitted to the Legislature, and disclosure of what work
will be done in-house on bonded projects, what in-house costs will
be or have been charged against the bond, or such other items as the
Legislature may direct by resolution to be included in said tracking
sheet.
D.
Mandatory quarterly bonding report to Budget and Finance
Committee.
(1)
The Commissioner of Finance or his designee and related
and affected officials, commissioner, department head of County government
shall report to the Budget and Finance Committee, not less than quarterly,
with an accurate and precise status and written progress report, stating
what has been appropriated, is planned and/or will occur in connection
with each project that has obtained bonding approval, up to that date
but whose bonds are not satisfied as of the report date.
(2)
At the time of the quarterly reports, the tracking
sheet for each bond not yet satisfied and paid in full shall reflect
an entry in same of the date of the quarterly report and entries made
updating the affected columns, on the tracking sheet, as to funding
amount, percentage of completion, stage of construction or percentage
of completion of bonded project with as well as cross referencing
any bonding resolutions related to the project not contained on the
summary as of the update.
E.
Waiver of bond tracking sheet. At the discretion of
the Chair of the Legislature or the Chair of the Budget and Finance
Committee, the bond tracking sheet, in totality or portions thereof,
may be waived, which waiver shall be stated on the record of the proceedings
of the body addressing the subject bond resolution.
[1]
Editor's Note: This local law was vetoed by
the County Executive, which veto was overridden 9-21-2004 by Res.
No. 465-2004.
