Rockland County, NY Chapter 149 Rules of the Legislature

[HISTORY: Edition of 3-8-1983, as revised 12-22-1986. Subsequent amendments noted where applicable.]

§ 149-1 Organizational meeting; election of Chairperson, Vice Chairperson and Clerk; filling of vacancies.

A. The members of the Legislature of Rockland County shall hold the organizational meeting and select a Chairperson on or before the eighth day of January in each year. The Legislature shall annually, by resolution duly adopted during the month of December, fix the date, time and place of the organizational meeting. The Clerk to the Legislature shall serve upon each member a notice stating the date, time and place of the meeting to organize the Legislature and stating that a Chairperson will then be selected. The notice shall be in writing and shall be delivered to each member's home address at least 48 hours before the date of the meeting.

B. A Chairperson and Vice Chairperson of the Legislature shall be elected from the membership of the Legislature at its organizational meeting. The Chairperson and Vice Chairperson so selected shall serve in such positions for the balance of the calendar year. The Chairperson may, in his/her discretion, appoint a Second Vice Chairperson for the balance of the calendar year to fulfill the duties of both the Chairperson and the Vice Chairperson in the event neither the Chairperson or Vice Chairperson are available to perform said duties.

[Amended 1-19-2023 by Res. No. 13-2023; 12-19-2023 by Res. No. 612-2023[1]]

[1] Editor's Note: This resolution amended Res. No. 13-2023 to remove its 12-31-2023 expiration date and to make permanent the position of Second Vice Chairperson of the Legislature.

C. A Clerk to the Legislature shall be appointed by the Legislature at its organizational meeting in accordance with the County Law. The Clerk shall be and remain an elector of the County and shall serve at the pleasure of the Legislature and until a successor shall be appointed and shall qualify. A vacancy in the position of Clerk to the Legislature shall be filled by the Legislature. The Legislature may authorize the Clerk to the Legislature to appoint a Deputy Clerk and such employees as it may require.

D. In the event of any vacancy in the Legislature, the Legislature shall fill such vacancy by the appointment of a person from the same legislative district which was represented by said vacancy before said vacancy existed. In the event that the Legislature of Rockland County fails to make such appointment within 30 days from when the vacancy occurred, the Clerk to the Legislature shall, pursuant to § 42 of the Public Officers Law, request the Governor of the State of New York to direct that a special election be held in the legislative district in which the vacancy is to be filled. The person appointed to fill such vacancy must be fully qualified to hold the office of County Legislator as if he or she had been elected to such position. The term of the person appointed to fill a vacancy on the Legislature shall be as provided by law.

[Amended 10-5-1999]

§ 149-2 Quorum.

[Amended 7-1-1997 by L.L. No. 15-1997[1]]

The presence of a simple majority of Legislators representing 9 votes shall constitute a quorum and a majority for the transaction of business, but a lesser number may adjourn.

[1] Editor's Note: The amendments to this section adopted by L.L. No. 15-1997 took effect 1-1-2000.

§ 149-3 Power of the Chairperson.

A. The Chairperson shall preserve order and decorum. He or she shall decide all questions of order, which decisions shall be final unless an appeal is taken to the Legislature, in which case a majority vote is required to sustain the Chair. He or she shall appoint all committees unless otherwise ordered by the Legislature. He or she shall have the power to issue proclamations. The Chairperson shall file such periodic reports as requested by the Legislature.

B. Anyone who may have a request denied by the Chairperson of the Legislature may appeal the determination of the Chairperson to the Legislature of Rockland County. The appeal shall be in writing, shall be addressed to the Clerk to the Legislature of Rockland County and shall be delivered to the Clerk not later than 10 days after the Chairperson shall have denied the request. The Clerk shall place the matter on the next regularly scheduled meeting of the Legislature of Rockland County, and if the Legislature shall overrule the Chairperson, the request shall be authorized.

C. It is the intention of these rules that the functions and prerogatives of the Legislature and the committees of the Legislature shall be retained by said committees of the Legislature.

D. The Chairperson of the Legislature of the County of Rockland shall perform such other duties as may be required of him or her by the Legislature of the County of Rockland.

§ 149-4 Regular meetings.

[Amended 2-3-2009 by Res. No. 45-2009]

Regular meetings of the Legislature of Rockland County shall be held on the first and third Tuesday of each month at a time that the Chairperson of the Legislature designates, unless that day is a legal holiday or other valid reason, in which event the regular meeting shall be held on such other day as is designated by the Chairperson. Each regular meeting and all adjourned meetings shall be open for the consideration of any matter which, in accordance with these rules, may be properly brought to the attention of the Legislature.

§ 149-5 Special meetings; continuance of meetings after midnight.

[Amended 7-1-1997 by L.L. No. 15-1997[1]]

A. A special meeting shall be held at the call of the Clerk to the Legislature upon the direction of the Chairperson or upon filing with the Clerk to the Legislature a written request, signed by at least six members of the Legislature. The Clerk to the Legislature shall cause to be delivered to each member of the Legislature a notice, in writing, stating the time, the place and the purpose of the special meeting, at least 48 hours before the date fixed for holding the meeting, or a member may waive the service of the notice for such meeting by a writing signed by him or her. Only business specified in the notice of the special meeting may be transacted at such special meeting.

B. Continuance of meetings after 12:00 midnight.

(1) All meetings of the Legislature of Rockland County not completed at 12:00 midnight on a meeting day will be recessed at 12:00 midnight to another day and hour to be specified in the adjournment resolution.

(2) In the event that a motion is made to continue the meeting after the hour of 12:00 midnight, a vote of at least 2/3 (12 votes) shall be required to sustain the motion.

[1] Editor's Note: The amendments to this section adopted by L.L. No. 15-1997 took effect 1-1-2000.

§ 149-6 Chairperson to secure quorum.

In the absence of a quorum during the meetings of the Legislature, the Chairperson may take such measures as are provided by law and as he or she may deem necessary to secure the presence of a quorum.

§ 149-7 Selection of Majority and Minority Leaders; Deputy Majority and Minority Leaders and ranking minority member.

[Amended 12-15-1987 by Res. No. 658-1987; 12-17-2002 by Res. No. 788-2002]

A. The members of the Legislature shall be constituted into a "majority" and a "minority" of the body. The majority of the Legislature shall consist of those elected members of the Legislature who, by arithmetic total, comprise the largest plurality of the Legislature. The minority of the Legislature shall consist of those elected members of the Legislature who are not members of the majority, or who do not, of their own volition, choose to align themselves with the majority. For the purposes of this rule, political party affiliation of any designation shall constitute a part of the whole number of those Legislators in the minority but shall not include a Legislator who, of his or her own volition, aligns himself or herself with the majority or elects not to be aligned with either the majority or minority. Those Legislators not registered in the political party with the largest plurality of the Legislature desiring to voluntarily align themselves with the majority shall be entitled to vote for the Majority Leader if the members of the majority consent to same. Each year the majority and minority shall annually elect a leader of the majority and minority. The annual election of the majority and minority leaders shall be at the reorganization meeting of the Legislature, and those elected shall serve as such until the next organizational election.

B. There shall also be a Deputy Majority Leader, who shall serve on the Rules Committee and shall be appointed and serve at the pleasure of the Majority Leader. The Deputy Majority Leader shall perform such duties as shall be requested by the Majority Leader. There shall also be a Deputy Minority Leader, to be appointed and to serve at the pleasure of the Minority Leader. The Deputy Minority Leader shall perform such duties as shall be requested by the Minority Leader.

C. Of the minority members serving on various committees, the Minority Leader shall designate a ranking minority member, who shall serve at his pleasure. The ranking minority member shall perform such duties as shall be requested by the Minority Leader.

§ 149-8 Roll call and minutes of previous meetings.

At any and every meeting of the Legislature, upon the members being called to order by the Chairperson, the roll of the members shall be called, and the names of those present and absent shall be inserted in the minutes. The minutes of any previous meeting, where printed minutes are available, may be read at the request of any member for the purpose of any corrections, alterations or additions. In all cases where an order, resolution or a motion shall be entered in the minutes of the Legislature, the name of the member presenting or moving the same shall be entered.

§ 149-9 Order of business.

A. The order of business of each session shall be:

[Amended 3-20-2001 by Res. No. 157-2001; 3-4-2014 by Res. No. 102-2014; 4-7-2015 by Res. No. 135-2015]

(1) Roll call.

(2) Salute to the Flag.

(3) Invocation.

(4) Adoption of minutes.

(5) Comments from the Chairperson.

(6) Comments from Legislators (limited to three minutes per Legislator).

(7) Special order of the day.

(8) Public participation.

(9) Presentation of communications.

(10) Unfinished business.

(11) Reports of standing committees.

(12) Reports of special committees.

(13) New business.

(14) Reports of County officers.

(15) Adjournment.

B. The Chairperson, subject to the approval of a majority of the Legislature, may change the order of business at any session.

§ 149-10 Vice Chairperson.

A. In the absence of the Chairperson, the Vice Chairperson shall preside.

[Amended 3-5-2020 by L.L. No. 3-2020]

B. The Legislature of the County of Rockland hereby designates, empowers, authorizes and directs the Vice Chairperson of the Legislature of Rockland County to perform all of the duties regularly performed by the Chairperson during any period of absence from the County by the Chairperson or any period where the Chairperson is unable to act.

C. The Vice Chairperson of the Legislature is authorized and directed to execute all documents, during the aforementioned periods, in place and stead of the Chairperson, the execution of which has been previously authorized by act of this Legislature.

D. In the event of the Chairperson and Vice Chairperson's absence, disability or otherwise, the following shall constitute the temporary order of succession, enabling said individuals to act generally for and in the place of the Chairperson: Majority Leader, Deputy Majority Leader, Chair of the Budget and Finance Committee, Chair of the Planning and Public Works Committee.

[Added 3-18-2020 by Res. No. 152-2020]

§ 149-11 Time requirements.

[Amended 7-1-1997 by L.L. No. 15-1997;[1] 11-15-1988 by Res. No. 584-1988; 3-5-1991 by Res. No. 151]

A. All matters to be considered at a regular or an adjourned meeting of the County Legislature shall be filed with the Clerk to the Legislature not later than 12:00 noon of the fourth day prior to the regular meeting.

B. All matters to be considered by the Legislature at a regular or adjourned meeting must be delivered by the Clerk to each member of the Legislature and to the County Attorney at the address specified by them for that purpose at least two days before such meeting.

C. Consideration and approval by standing or special committees.

(1) All matters to be considered by the Legislature at a regular or adjourned meeting must be considered and approved by a standing or special committee of the Legislature at least 120 hours prior to a legislative meeting.

(2) When a matter has been approved by a standing or special committee of the Legislature within 120 hours prior to a legislative meeting, the Clerk to the Legislature may place such matter on the agenda of the Legislature for its determination.

(3) The Legislature, by majority vote, must ratify the committee Chairman's determination that the matter requires immediate attention. Following the adoption of such resolution, the Legislature then may entertain the referral by simple majority vote.

(4) All matters to be considered by the Legislature at a regular or adjourned meeting, which were approved by a standing and/or special committee of the Legislature but were not timely presented on the agenda of the Legislature. may be considered at the meeting if approved by a vote of at least 2/3 (12 votes).

D. New business.

[Amended 12-3-2015 by Res. No. 571-2015; 3-18-2020 by Res. No. 153-2020]

(1) Any new business matter, in order to be considered at a regular or adjourned meeting of the Legislature, must be an emergency; and prior to a request for a waiver of the rules, the mover must explain why the proposed new business item is an emergency and shall require a vote of at least 2/3 (12 votes) to waive the rules of the Legislature.

(2) Any matter that was not placed on a committee agenda within the time requirements of Rule 149-24 may be considered as new business and shall require a vote of at least 2/3 (12 votes) to waive the rules of the Legislature. The mover of the proposed new business item need not articulate or explain why the proposed item is an emergency or time-sensitive.

(3) A motion to waive the rules of the Legislature to consider new business is debatable.

[1] Editor's Note: The amendments to this section adopted by L.L. No. 15-1997 took effect 1-1-2000.

§ 149-12 Agenda.

The listing of items to be considered at any regular, adjourned or special meeting of the Legislature shall be called the "agenda." Each item on the agenda shall have the items separately numbered beginning with the number one for each agenda and continuing consecutively through to the last number and shall contain the title of each item. The Clerk shall group the items in the same order as provided for in the order of business of the meeting unless otherwise directed by the Legislature.

§ 149-13 Procedure when motion is introduced.

[Amended 3-18-1997 by Res. No. 136-1997]

Every motion shall be stated by the Chair or read by the Clerk before debate and before the question is taken. While the Chairperson is putting a question or while the roll is being called, no member shall speak or leave his or her place. If any Legislator wishes to speak on a question, whether to debate, raise a point of order, ask a question or speak for any other purpose, he shall request the Chairperson to lay aside the question prior to the moving of the matter. The Chairperson shall then proceed with the agenda, taking up all questions upon which no discussion is requested, and, at the completion of those questions, shall then recall those items which were laid aside. The Chairperson shall allow opportunity for debate before the roll is called. Each member may speak as he or she votes, but, unless otherwise provided, no member may speak for more than five minutes the first time that the member is heard on any question and for not more than three minutes the second time that the member is heard on any question and for not more than one minute at the time that the member votes on any roll call vote. Except as provided herein, no member shall speak more than twice on the question and more than once on the vote on any one matter to be considered by the Legislature at any one session.

§ 149-14 Equally divided vote.

When the Legislature shall be equally divided on any question, including the Chairperson's vote, the question shall be deemed to have failed.

§ 149-15 Proportion of vote required for action.

[Amended 12-18-1990 by Res. No. 831-1990]

A majority of the entire membership of the Legislature, as heretofore described, shall be necessary to carry any question, proposition, resolution, motion or any other matter, except when it is otherwise provided herein or by statute that a 2/3 vote or a unanimous vote is required.

§ 149-16 Recording ayes and nays.

A. On roll call, the ayes and nays shall be taken on any question whenever so required by law or by any member and, whenever so taken, shall be entered in the proceedings of the Legislature, and the Clerk shall record the names of the members and the way each has respectively voted. Any member shall have the right to have his or her vote recorded and entered upon the minutes at his or her request, without explanation and without requiring the ayes and nays to be called. A roll call shall be taken on all resolutions or other proceedings involving the borrowing of money, on a request of any member of the Legislature and on any other resolutions and proceedings as may be required by law.

B. A member who has been recorded by the Clerk as being present, shall be considered present during the entire meeting unless the member shall state the reason he or she must leave the chamber for the balance of the meeting. If a member leaves the legislative chamber without stating his or her reason for leaving the chamber for the balance of the meeting such absence shall be identified as an "unauthorized absence" and the Clerk shall record a nay vote for that member on each item brought to a vote during his or her absence. However, for votes to make appointments or confirmations of individuals any legislator who is an "unauthorized absence" shall be recorded as a yea vote, unless the member has instructed the Clerk, in writing, to record his or her vote as a nay. Whenever a vote is recorded as a yea or nay, or as an unauthorized absence, it shall be separated noted as such in the minutes of the proceedings.

[Amended 12-15-2003 by Res. No. 646-2003]

§ 149-17 Division of question.

If the question in debate contains several distinct propositions, the same may be divided by the Chairperson or at the request of any member of the Legislature.

§ 149-18 Abstention from voting.

A. Every member who shall be in the legislative chamber when a question is stated by the Chairperson shall vote aye or nay. A member present who refuses to cast a vote shall be deemed to vote nay.

B. Abstentions.

(1) A member may be excused from voting by abstaining if he or she is directly interested in the question, but he or she must state his or her interest in the question in order to be so excused.

(2) A member may be allowed to abstain from voting aye or nay on the adoption of minutes of legislative meetings that transpired prior to that member's election to the Legislature of Rockland County.

(3) A member may be allowed to abstain from voting aye or nay on the adoption of minutes of legislative meetings wherein that member was not in attendance.

§ 149-19 Recognition by Chairperson.

No member wishing to speak shall proceed until he or she shall have addressed the Chairperson from his or her place and shall have been recognized by the Chairperson. Every member desiring to speak shall be recognized by the Chairperson before the vote is taken on any question.

§ 149-20 Suspension of rules.

[Amended 7-1-1997 by L.L. No. 15-1997[1]]

These rules may at any time during the session be suspended by a vote of at least 2/3 (12 votes). The member making application for such suspension must state the purpose for which the same is asked.

[1] Editor's Note: The amendments to this section adopted by L.L. No. 15-1997 took effect 1-1-2000.

§ 149-21 Withdrawal or recall of resolution, local law or motion.

[Amended 3-5-1991 by Res. No. 152]

A. Any resolution or motion offered by a member may be withdrawn by the member presenting it at any time before the commencement of the vote on the main question thereon or before an amendment to such resolution or motion has been adopted.

B. Upon the motion of any of the members presenting a resolution or local law to the Legislature made at any time prior to the return of such resolution or local law by the County Executive pursuant to Section 2.02 of the Rockland County Charter Law, the Legislature may, by the affirmative vote of a majority of its members, recall the same and reconsider its action thereon.

§ 149-22 Standing committees.

[Amended 2-3-1987 by Res. No. 54-1987; 12-15-1987 by Res. No. 657-1987; 12-5-1989 by Res. No. 742-1989; 1-16-1990 by Res. No. 23-1990; 12-27-1990 by Res. No. 858-1990; 1-5-1993 by Res. No. 6-1993; 1-5-1993 by Res. No. 7-1993; 5-4-1993 by Res. No. 209-1993; 1-3-1995 by Res. No. 9-1995; 1-3-1996 by Res. No. 7-1996; 7-1-1997 by L.L. No. 15-1997[1]]

A. Standing committees and the Chairpersons thereof shall be appointed by the Chairperson of the Legislature. Appointments of minority members of the Legislature, while officially made by the Chairperson, shall be made on the recommendation of the Minority Leader. Every standing committee shall have at least two representatives of the minority party. The Chairperson of each committee may appoint subcommittees thereof. Any subcommittee wherein the member of the standing committee of which it is a part contains members of the two major parties shall have representatives of both parties within its membership. The following committees shall be appointed:

[Amended 5-4-1993 by Res. No. 208-1993; 5-4-1993 by Res. No. 209-1993; 1-3-1995 by Res. No. 9-1995; 12-21-1999 by Res. No. 613-1999; 12-21-1999 by Res. No. 615-1999; 2-15-2000 by Res. No. 88-2000; 2-15-2000 by Res. No. 90-2000; 12-17-2002 by Res. No. 789-2002; 5-20-2003 by Res. No. 274-2003; 12-15-2003 by Res. No. 644-2003; 1-18-2005 by Res. No. 31-2005; 12-20-2005 by Res. No. 632-2005; 1-15-2008 by Res. No. 25-2008; 4-7-2015 by Res. No. 136-2015]

(1) Budget and Finance Committee. This Committee shall consist of 11 members of the Legislature, two of whom shall be appointed from the minority party and one of whom shall be the Chairperson of the Legislature. Except as to matters particularly assigned to other committees, this Committee shall have referred to it all matters relating to or arising out of the requirements of law and the action of the Legislature with respect to all transfers and appropriations of funds, including appropriations of funds requiring money from contingency; all matters relating to purchasing; all matters relating to the Commissioner of Finance; all matters relating to taxes, equalization rates and distribution of mortgage tax funds; all matters relating to the funding of the community college and the review of the college's tentative budget; the administration of County affairs and County officers; and all matters which will affect the current year's budget.

[Amended 1-17-2024 by Res. No. 50-2024]

(a) This Committee shall also have assigned to it all matters relating to or arising out of the requirements of law and the action of the Legislature with respect to the review of the tentative County budget and tentative Rockland Community College budget as provided for in § 357 of the County Law and the appropriate sections of the State Education Law.

(b) In addition to the matters assigned above, the Budget and Finance Committee shall be empowered to review proposed programs which will be effective in and have impact on the following year's County budget and shall review all personnel matters, including the establishment of new positions, salary schedules and all matters regarding reclassifications and rebandings of personnel. In addition, this Committee may have all other matters referred to it by other committees and/or the Legislature for appropriate review. This Committee shall also have referred to it all matters relating to or arising out of the requirements of law and the action of the Legislature with respect to labor relations and contractual negotiations between the County and its employees and/or any particular group of employees or their respective collective bargaining units during a period of negotiations; all inquiries, information, suggestions and/or criticism in connection with the relationship between Rockland County and its employees and/or in connection with any existing or planned legislation or policy which may bear upon said employees, excepting from the jurisdiction of this Committee all matters relating to or involving grievance and/or disciplinary procedure cases or the processing or progress of the same.

(2) Multiservices Committee. This Committee shall consist of seven members of the Legislature. Of the members of this Committee, at least two members shall be appointed from the minority party.

(a) Except as to matters assigned specifically to other committees, this Committee shall have referred to it all matters relating to or arising out of the requirements of law and the action of the Legislature with respect to the health and welfare of the inhabitants of Rockland County, including all matters relating to the County Hospital, the Infirmary, mental health, social services, the antipoverty programs, consumer affairs and consumer protection; all matters relating to the courts, court facilities and the offices of the Family Court, County Court, Surrogates Court, Family Drug Treatment Court and Drug Courts, Probation Department, youth assistance programs, the Office of the Surrogate, the County Attorney, the County Clerk, the Board of Elections, the Human Rights Commission and the New York State Supreme Court; Office of the Aging, housing, the Office of Community Development, disability services, domestic violence, and all matters involving similar County functions. This Committee shall also have referred to it all matters involving arts and culture.

[Amended 4-5-2016 by Res. No. 185-2016]

(b) This Committee shall also act as an oversight committee reviewing each of the existing departments of County government and contract agencies within the jurisdiction of the Multiservices Committee so that the Legislature can have a better understanding of the budgetary needs of various departments and contract agencies. This Committee shall also be responsible for all matters affecting Rockland Community College other than all matters relating to funding of the Community College and the review of its tentative budget.

(3) Public Works Committee. This Committee shall consist of seven members of the Legislature, two of whom shall be appointed from the minority party. Except as to matters specifically assigned to other committees, this Committee shall have referred to it all matters relating to or arising out of the requirements of law and the action of the Legislature with respect to highways, park maintenance, cemeteries, drainage, acquisition, development and construction of new facilities and buildings; all matters relating to transportation (public and private), the Planning Board, parks, recreation, conservation, district fish and wildlife, district forest practices, extension services, the Farm Bureau, propagation of game and solid waste disposal; all matters relating to the ecology of the County, energy matters affecting County-owned or County-leased buildings and facilities; and all matters involving similar County functions; all referrals to name County-owned facilities, buildings, parks, roadways and all other County property.

(4) Government Operations Committee.

(a) The function of this Committee shall be to devote itself to a wide-ranging review and analysis of the functions and departments of County government with the goal of achieving maximum efficiency and productivity of staff and resources.

(b) This Committee shall consist of seven members appointed by the Chairman of the Legislature of Rockland County. Of the members of this Committee, at least two members shall be appointed from the minority party.

(c) Except as to matters assigned specifically to other committees, this Committee shall have referred to it questions or issues of County departmental function, efficiency, personnel and staffing sufficiency, including departmental audits, reviews or analyses as to any item or issue deemed significant and in need of review.

(5) Environmental Committee.

(a) This Committee shall consist of seven members appointed by the Chairperson of the Legislature of Rockland County, five members shall be from the majority and two from the minority party. Except as to matters assigned to other Committees, the Environmental Committee shall have referred to it the following areas of legislative inquiry affecting the lives and welfare of Rockland County citizens:

[1] Issues, proposals, projects and concerns regarding the environment, environmental protection and preservation.

[2] Groundwater purity, ensuring water quality, availability and the preservation, enhancement and quality management of our water supply.

[3] Open space protection, preservation and/or acquisition.

[4] The interaction of public utilities with County government and the public as well as the monitoring, regulation and management of public utilities to insure the maximum service and conservation and reduced cost(s) to Rockland County residents.

(b) Where necessary and appropriate, the Environmental Committee may perform investigations into areas along with other legislative committees as to an item or issue deemed significant and in need of review.

(6) Public Safety Committee. This Committee shall consist of seven members of the Legislature. Of the members of this Committee, at least two members shall be appointed from the minority party.

(a) Except as to matters assigned specifically to other committees, this Committee shall have referred to it all matters relating to or arising out of the requirements of law and the actions of the Legislature with respect to the public safety and security of the inhabitants of Rockland County, including all matters relating to the civil defense, homeland security, anti-terrorism, the Office of Fire and Emergency Services, traffic safety, fire services, the Fire Advisory Board, emergency medical and ambulance service, the Sheriff's Department, all police matters, court matters of a public safety nature, the District Attorney, the Public Defender, emergency preparedness, and all matters involving similar County functions.

(7) Economic Development and Housing Committee. This Committee shall consist of seven members of the Legislature. Of the members of this Committee, at least two members shall be appointed from the minority party.

[Amended 4-5-2016 by Res. No. 185-2016; 1-17-2024 by Res. No. 49-2024]

(a) Except as to matters specifically assigned to other committees, this Committee shall have referred to it all matters relating to or arising out of the requirements of law and the action of the Legislature with respect to all programs, policies and initiatives dealing with the stimulus, growth, management, revitalization, or development of the Rockland County economy, including all matters relating to tourism, as well as all matters relating to housing in Rockland County.

(b) This Committee shall also act as an oversight committee charged with working in conjunction with various governmental and quasi-governmental agencies involved in the promotion of industry and commerce, housing, and the overall economic growth and industrial development of Rockland County.

B. In addition to all of the powers and duties heretofore assigned, each standing committee shall also have referred to it all matters concerning the confirmation of appointments made by the County Executive, which may, by law, require confirmation by the Legislature of Rockland County and which are within the subject matter jurisdiction of each respective committee. Each such committee shall be responsible for interviewing each and every such County Executive appointment requiring confirmation by the Rockland County Legislature, reviewing the credentials of each such appointment and recommending action to the full Legislature.

[1] Editor's Note: The amendments to this section adopted by L.L. No. 15-1997 took effect 1-1-2000.

§ 149-23 Special committees and joint task forces.

[Amended 12-15-1987 by Res. No. 657-1987]

A. Special committees shall be established by the Legislature or the Chairperson, and members shall be appointed by the Chairperson as he/she, in his/her discretion, shall see fit, unless the legislative resolution creating such committee provides otherwise. A "joint task force" is defined as a task force conducted jointly with the legislative and executive branches of government. The Legislature's part of the task force shall report directly to the Legislature of Rockland County. A special committee created by the Legislature which includes nonlegislative voting members may not report a matter directly to the floor of the Legislature but shall forward its report and recommendations to the appropriate legislative committee.

B. The Special Committee on Rules shall consist of seven members of the Legislature, membership being limited to the Vice Chairperson of the Legislature, who shall act as Chairperson of this Committee, the Majority Leader, who shall act as Vice Chairperson of this Committee, the Second Vice Chairperson, the Minority Leader, the Deputy Minority Leader, the Deputy Majority Leader and the Chairperson of the Legislature. Except as to matters specifically assigned to a standing committee or any other special committee, this Committee shall have referred to it all matters relating to or arising out of the requirements of law and the action of the Legislature with respect to the Rules of the Legislature, litigation solely in the name of the Rockland County Legislature, and revision, amendment, repeal or other modification to the Rockland County Charter Law and such other matters as are deemed appropriate by the Clerk to the Legislature.

[Added 5-4-1993 by Res. No. 208-1993; amended 12-15-2015 by Res. No. 609-2015; 1-17-2024 by Res. No. 48-2024]

§ 149-24 Committee rules of operation.

[Amended 10-6-1987 by Res. No. 516-1987; 5-15-1990 by Res. No. 313-1990; 7-7-1992 by Res. No. 401-1992; 8-17-1993 by Res. No. 459-1993; 7-1-1997 by L.L. No. 15-1997[1]]

A. Each standing or special committee shall be governed by these rules and the local law providing for a permanent plan of apportionment for the Legislature adopted on November 20, 1984, known as Local Law No. 1 of 1985.[2] A committee meeting may be closed to the public by a majority vote of the entire committee for consideration of matters pertaining to labor negotiations, purchase or sale of properties, leases of properties, matters pertaining to personnel and matters pertaining to litigations. The Chairperson of the committee shall make public the general nature of the matter to be considered. No committee action shall be taken except in open meeting.

[2] Editor's Note: See Art. II, Apportionment, of Ch. 101, Legislature, County.

B. In accordance with § 101-7G of the above-mentioned local law, a majority vote of the members of the entire committee shall be required to report a matter out to the floor of the entire Legislature. If a matter does not receive the necessary votes to go to the floor of the Legislature, a Legislator may direct the Clerk to the Legislature to have the matter placed on the agenda of the Legislature as new business, pursuant to Rule 11.D,[3] requiring a vote of at least 2/3 (12 votes). The name of the Legislator(s) who initiated the referral shall appear in the upper left-hand corner of the resolution.

[3] Editor's Note: See § 149-11D.

C. Referrals.

(1) Any and all referrals regarding a proposed resolution or local law filed by a County Legislator with the Clerk to the Legislature shall appear and be considered on the agenda of the appropriate committee no later than the third committee meeting after the referral is filed with the Clerk to the Legislature, or within 60 days after such filing, whichever occurs first.

(2) If the committee has not met within 60 calendar days after a referral has been made to it, then any two members of said committee, who are also members of this Legislature, may call a meeting of said committee to consider said referral.

D. No matter shall be placed upon the agenda of any committee of the Legislature unless it shall have been presented to the Clerk to the Legislature, together with all available background information which the sponsor of such matter believes to be material and necessary to the consideration thereof, at least three working days prior to the meeting of the committee to which such matter is to be referred. The time requirements of this subsection may be waived by the Chairman of the committee to which the matter is to be referred or by the Chairman of the Legislature upon certification by him or her that an emergency exists and provided that he or she describes the nature of such emergency.

E. Notwithstanding anything to the contrary contained within these rules, in any matter where legislative action is required to accept or reject bids submitted pursuant to the competitive bidding requirements of the General Municipal Law and there exist sufficient funds within the bond, bond resolution, budget or appropriation, the matter shall be referred to the Public Works Committee; and if the Public Works Committee approves this, the resolution so adopted by the Public Works Committee shall proceed directly to the floor of the Legislature for voting thereon by the full Legislature.

[1] Editor's Note: The amendments to this section adopted by L.L. No. 15-1997 took effect 1-1-2000.

§ 149-25 Committee of the whole.

In accordance with Robert's Rules of Order, Revised, the Legislature may, at any time when in session, resolve itself into a committee of the whole on any subject before it; and in such case, the Chairperson shall name a member to preside. If, at any time when in the committee of the whole, it shall be ascertained that there is no quorum, the Chairperson of the committee of the whole shall immediately report that fact to the Chairperson of the Legislature and adjournment of the committee of the whole shall be in order.

§ 149-26 Introduction and form of local laws and resolutions.

[Amended 3-19-1996 by Res. No. 97-1996; 5-19-1998 by Res. No. 276-1998[1]; 10-6-1998 by Res. No. 498-1998; 3-21-2000 by Res. No. 168-2000]

A. A local law shall be introduced only by a member of the Legislature. The Legislator(s) who originally conceived and submitted a local law or resolution shall be known and listed on such as the "sponsor(s)." Any other Legislator(s) wishing to co-sponsor a local law or resolution may at any time, either prior to or at the time of review of such local law or resolution by the committee, or at the full Legislature, join in support and shall also be known as the "co-sponsor(s)." With respect to resolutions and/or local laws submitted to the Legislature by any unit of County government, as opposed to items submitted by a Legislator, any Legislator, at any time, shall be designated as a sponsor if requested. Any printing or publishing of a local law shall contain the name of all sponsors of said legislation on its face.

[Amended 6-20-2000 by Res. No. 376-2000; 9-7-2004 by Res. No. 460-2004]

B. Local laws and resolutions shall be in the form required by the provisions of the Municipal Home Rule Law, the rules of this Legislature and such other procedural laws and rules as may be adopted relating thereto.

C. All resolutions submitted to the Legislature shall be in plain English. The caption shall contain a simple, plain English summary as to what the resolution wishes to accomplish or enact. There shall also be stated in the body of the resolution the intent of the resolution, in plain English.[2]

[2] Editor's Note: Former Subsection D, requiring agendas to include summary statements for proposed local laws and resolutions, added 4-3-2001 by Res. No. 182-2001, which immediately followed this subsection, was repealed 4-7-2015 by Res. No. 137-2015.

[1] Editor's Note: This resolution also provided that all proposed legislation (local law or resolution), upon submission to the Clerk to the Legislature, shall be distributed to all Legislators for their review and a determination on whether they wish to be added as co-sponsors in committee or additional sponsors after review by committee.

§ 149-27 Referral of local laws and resolutions to committees.

[Amended 9-7-2010 by Res. No. 479-2010]

A. Immediately upon the introduction of a local law or resolution, it shall be referred to the appropriate committee.

B. Any local law or resolution submitted to committee or offered as new business at a meeting of the full Legislature for the purpose of establishing the salary of an elected official or an appointed officer who serves for a fixed term shall be out of order and not progressed through committee or placed before the full Legislature unless:

(1) The resolution and/or local law specifically identifies the budget line for the specified position for which a salary is being proposed to be established; and

(2) There is a showing that the budget adopted for the fiscal year that the salary is to be established has been passed with an appropriation for funding for that position equal to or greater than the salary proposed to be established for said position.

§ 149-28 Posting of agenda.

A list of unfinished business, special orders to be acted upon by the Legislature and the agenda for the next regular, adjourned or special meeting of the Legislature shall be kept posted by the Clerk in a conspicuous place in his or her office.

§ 149-29 Privilege of the floor.

No person other than a member of the Legislature shall be entitled to the privilege of the floor during the session of the Legislature, unless permission has been granted by the Chairperson after written request not later than six days prior to the meeting. A person may also be granted the privilege of the floor by a majority vote of the entire membership of the Legislature at any time. The Chairperson may, at any time, recognize and extend the privilege of the floor to any federal, state, County, Town or Village officer or official or the representative of any governmental unit or agency.

§ 149-30 Points of order not covered by these rules.

On all points of order not governed by these rules. Robert's Rules of Order, Revised, shall prevail.

§ 149-31 Minutes of meetings; tape recordings.

[Amended 3-5-1991 by Res. No. 153; 3-19-1991 by Res. No. 177]

A. All resolutions, reports of committees of the Legislature, reports of County officers, notices and communications from state officers directing the levy of any tax and all other actions and proceedings of the Legislature shall be included in the minutes of the Legislature. The minutes shall record the reading of other communications with sufficient description to show their nature and purpose, but they need not be included in full in the minutes of the Legislature except upon order of the Legislature. In all cases where a motion or resolution is entered on the minutes, the minutes shall include the name of the moving member and such other information relating to the same as shall be necessary to determine whether the resolution or motion shall have passed or failed. A tape recording of each regular, adjourned or special meeting of the Legislature shall be made, and such tapes shall be preserved by the Clerk for a period of two years following the meeting. The publication of the minutes and annual proceedings of the Legislature shall be as required by law.

B. No meeting of a committee or subcommittee of the Legislature shall be tape recorded without the approval of the Legislature. Except in the event of an unusual circumstance and time not permitting full legislative action, the ordering of taping of such committee or subcommittee meeting may be approved by the Chairman of the Legislature of Rockland County with the concurrence of either the Majority or Minority Leader. Nothing in this section shall be construed to prohibit or limit tape recording of meetings by members of the public or by the media.

§ 149-32 Public hearings.

All public hearings required by law to be held by the Legislature shall be scheduled by the Legislature for a definite, regular, adjourned or special meeting of the Legislature. The Legislature may, by majority vote of the entire membership of the Legislature, authorize any standing or special committee or member of the Legislature to conduct a public hearing on any matter before the Legislature, but the public hearing so conducted shall not be construed to be a public hearing by the Legislature if such public hearing by that body is required by law. At all public hearings held by the Legislature, there shall be a verbatim transcript of the public hearing. Public hearings conducted by a committee or by a member of the Legislature shall be recorded on tape unless the Legislature shall, by majority vote of the entire membership of the Legislature, authorize a verbatim transcript.

§ 149-33 Recognition of members of the public.

[Amended 12-15-2003 by Res. No. 647-2003; 4-7-2015 by Res. No. 138-2015]

During any regular meeting of the Legislature, for a portion of the meeting, not to exceed 40 minutes, any member of the public, on a first-come-first-served basis, may be recognized by the Chairperson for the purpose of addressing the Legislature on any subject. Each person so recognized may speak for a period not to exceed two minutes unless the time is extended by a majority vote of the Legislature.

§ 149-34 Motion to recommit.

Any member of the Legislature, during discussion on a main motion, may make a motion to recommit the resolution before it to an appropriate standing committee of the Legislature, a special committee of the Legislature, an advisory committee or a board or commission of the County of Rockland if the main motion, in the opinion of the body, will require additional time or study or redrafting. The motion to recommit requires the mover to state the committee to which the resolution is being recommitted and the reason for said recommittal. The motion to recommit shall be debatable and shall take precedence over the motion on the floor and shall require a majority vote for approval.

§ 149-35 Debate time for memorializing resolutions.

A total of 30 minutes of debate prior to roll call shall be permitted on memorializing resolutions, unless the time for such debate is extended upon a two-thirds vote of the Legislature.

§ 149-36 Motion to table.

Any member of the Legislature, during discussion on a main motion, may make a motion to table the resolution before the legislative body. The motion to table shall not be debatable, shall take precedence over the motion on the floor and shall require a majority vote for approval. In the event that a roll call is requested on the motion to table, each Legislator shall only be permitted to vote "yes," "no" or "abstain" on the motion to table and shall not be permitted to discuss or debate the motion to table once the vote has begun nor to ask any questions through the Chair.

§ 149-37 Regulation of members' mail.

[Added 3-1-1994 by Res. No. 76-1994]

A. The Clerk shall report to the Chairperson, the Majority Leader and the Minority Leader any mailing by a member of the Legislature consisting of 200 or more pieces. The Clerk shall further report to the Chairperson, the Majority Leader and the Minority Leader, with copies to all Legislators, the name of any member of this Legislature who shall have caused 1,200 or more pieces to be mailed during the current calendar year, together with the number of pieces so mailed. For purposes of this rule, the term "mail" or "mailing" shall mean correspondence, leaflets, notices, memoranda or any other writings mailed, with postage, paid for by the County of Rockland in whole or part, consisting of 15 or more pieces. The term "pieces" shall mean each individual item of mail, irrespective of the number of pages contained in such item.

B. The use of printing and mail facilities of the County of Rockland, its agencies, departments, units, and subdivisions, for newsletters, brochures, flyers, letters mailed to all residents or voters of a specific area or other similar material, which bears the name or likeness of a candidate in a primary, general or special election for any public office, shall be prohibited within 60 days immediately preceding such general election and 45 days prior to a special or primary election, except:

[Added 3-1-1994 by Res. No. 80-1994]

(1) Individual responses to constituent letters actually received by an elected official or individualized letters solely for the purpose of conducting governmental business;

(2) Agendas of meetings of the County Legislature and its committees; and

(3) Press releases.

§ 149-38 Proposed amendments to Budget and Finance Committee report to increase appropriation(s) to the proposed County budget.

[Added 12-15-2003 by Res. No. 645-2003]

Once the Budget and Finance Committee has submitted its final report to the full Legislature, as part of the annual budget review and adoption process, said report may not be amended to increase any appropriation(s) except by a two-thirds vote of the full Legislature.

§ 149-39 Resolutions to confirm or reject department head appointments.

[Added 12-20-2005 by Res. No. 631-2005]

A. Upon receipt of a draft resolution to confirm or reject the appointment of a department head by the County Executive, the resolution will be sent to the appropriate committee. Should the committee pass the resolution, the matter shall be placed on the agenda of the full Legislature in accordance with the will of the Chairperson to the Legislature.

B. When the matter reaches the full Legislature, the Chair of the Legislature is hereby authorized to inquire of the appointee as to any appropriate matter relevant to the resolution. The County Executive shall make available at such meeting the appointee to be designated a department head.

C. The Chair of the Legislature may allow any legislator to ask relevant questions as he/she deems appropriate. A waiver of the rules or the convening of a committee of the whole will not be necessary in order to perform the above procedure.

§ 149-40 Legislative subpoenas.

[Added 4-7-2015 by Res. No. 139-2015]

Pursuant to the powers granted to the Legislature by Section C2.01(g) of the Rockland County Charter, the Legislature may issue subpoenas for witnesses and compel them to appear and testify before the full Legislature and/or the appropriate standing or special committee, and subpoenas duces tecum for the production of books, papers and other evidence deemed necessary or material to an inquiry made in fulfillment of the Legislature's responsibilities and duties in either of the following manners:

A. By resolution of the County Legislature, in which case the subpoena shall be signed by the Clerk to the Legislature; or

B. With the concurrence of at least two of the following: the Chairperson of the Legislature, the Vice Chairperson of the Legislature, the Majority Leader and the Minority Leader, in which case the subpoena shall be signed by the concurring parties.

§ 149-41 Videoconferencing in extraordinary circumstances. [1]

[Added 1-4-2023 by Res. No. 9-2023]

A. Members of the Legislature of Rockland County shall be physically present at meetings unless a member is unable to be physically present at the meeting location due to extraordinary circumstances. For the purposes of this section:

(1) "Extraordinary circumstances" shall include illness or disability, supported by medical documentation, care giving responsibilities, or any other significant or unexpected factor or event which precludes the member's physical attendance at such a meeting. Extraordinary circumstances shall not include planned vacations or trips, unless such a trip is for County business.

(2) "Physically present" shall mean in-person attendance at a location or locations open to in-person physical attendance by the public and which location or locations have been included on the meeting notice.

B. Should a member of the Legislature need to attend and participate in a meeting via videoconferencing due to extraordinary circumstances, the member shall notify the Clerk to the Legislature in advance of the meeting.

C. If videoconferencing is used to conduct its meetings pursuant to this section, a minimum number of members must be physically present at the meeting location or locations to meet the quorum requirement pursuant to § 149-2.

D. If videoconferencing is used to conduct a meeting pursuant to this section, the public notice for the meeting shall inform the public:

(1) That videoconferencing will be used;

(2) Where the public can view such meeting;

(3) Where required documents and records will be posted or available; and

(4) Identify the physical location or locations for the meeting where the public can attend, in accordance with Public Officers Law §§ 103-a(2) and 104(4).

E. Except in the case of executive sessions conducted pursuant to Public Officers Law § 105, the Legislature shall ensure that its members can be heard, seen and identified, while the meeting is being conducted, including but not limited to any motions, proposals, resolutions, and any other matter formally discussed or voted upon.

F. If videoconferencing is used to conduct a meeting pursuant to this section, the Legislature shall accept public comments by email only and the public notice for the meeting shall provide an email address where comments can be sent.

G. If videoconferencing is used to conduct a meeting pursuant to this section, the Legislature shall provide the opportunity for members of the public to view such meeting via video in real time.

H. Each meeting conducted using videoconferencing shall be recorded and such recordings linked to or posted on the Legislature's website within five business days following the meeting and shall remain so available for a minimum of five years thereafter. Such recordings shall be transcribed upon request.

I. The minutes of the meetings involving videoconferencing pursuant to this section shall include which, if any, members participated remotely and shall be available to the public pursuant to § 106 of the Public Officers Law.

J. Meetings of the Legislature that are broadcast or that use videoconferencing shall utilize technology to permit access by members of the public with disabilities consistent with the 1990 Americans with Disabilities Act (ADA), as amended, and corresponding guidelines. For the purposes of this section, "disability" shall have the meaning defined in § 292 of the Executive Law.

K. The in-person participation requirements of this section shall not apply during a state disaster emergency declared by the governor pursuant to § 28 of the Executive Law, or a local state of emergency proclaimed by the County Executive pursuant to § 24 of the Executive Law, if the Legislature determines that the circumstances necessitating the emergency declaration would affect or impair its ability to hold an in-person meeting.

L. These written procedures governing videoconferencing in extraordinary circumstances shall be conspicuously posted on the Legislature's website upon its adoption.

M. This section expires and is deemed repealed the same date that § 103-a of the Public Officers Law expires and is deemed repealed, but in no event later than July 1, 2024.

[1] Editor's Note: Former § 149-41, Videoconferencing in extraordinary circumstances, added 5-17-2022 by L.L. No. 6-2022, was repealed 12-28-2022 by L.L. No. 13-2022. See now Ch. 123, Open Government, Art. I.