Upon the adoption of this Charter, the elective
legislative body of Ulster County shall be the County Legislature
of the County of Ulster.
A.
Effective at the general election of 2011, the County
of Ulster shall be divided into 23 legislative districts, from each
of which shall be elected one person to be a member of the County
Legislature. Such persons while holding office shall be known as "Legislators."
B.
The term of office of the members of the County Legislature
shall be two years beginning on the first day of January next following
their election at the general election held in every odd-numbered
year.
C.
No
person shall serve as a County Legislator for more than six full terms,
unless he or she has filled an unexpired term prior thereto. For the
purpose of establishing the term limit, term of office shall be calculated
beginning the first day of his or her first full term of office after
the effective date hereof.
[Added 7-16-2019 by L.L.
No. 4-2019]
A.
Each member of the County Legislature shall, at the
time of the Legislator's nomination and election and throughout the
Legislator's term of office, be and remain a qualified elector and
resident of the district from which the Legislator is elected, except
that for an election immediately following the reapportionment of
County legislative districts, the incumbent County Legislator representing
a district redrawn in such reapportionment shall be eligible for nomination
for election in either his or her district of residence or any newly
drawn district which is contiguous to his or her district of residence,
provided that the County Legislator shall become a resident of the
district represented no later than one year after taking office.
B.
No County Legislator shall hold at the same time any
other elective public office.
A.
A
Commission on Reapportionment shall be established pursuant to this
section. It shall meet as soon as practicable after the availability
of data from each decennial census to evaluate existing legislative
districts to the maximum extent practicable pursuant to the process
established herein and reapportion them as necessary to meet established
standards in state and federal law for equal and fair representation
of all people in Ulster County, keeping districts compact and contiguous
while taking also into account existing town, city, village and election
district boundaries, defining geographic features, and equal population
within applicable law, but giving no consideration to providing advantage
to one or another political party. This Commission shall consist of
seven members who are County residents, are registered to vote in
Ulster County, represent the geographic and demographic diversity
of Ulster County, and are not currently, nor have been for the three
years preceding the formation of the Commission, elected officials,
employees of New York State, Ulster County or any town, city or village
in that County, or members or officers of any political committee.
B.
To
establish a pool from which Commission members will be appointed,
the County Executive shall, no later than June 1 of each year ending
in zero, commence the process for widely soliciting interest in serving
on the Commission through such as direct mail and e-mail, contact
with civic groups, public service announcements on radio and television
and in daily and weekly newspapers, paid advertisement and announcement
on the County website. A report of the process and a list containing
the names of the people in the pool of candidates qualified to serve
as members of the Commission shall be submitted to the Clerk of the
County Legislature no later than September 1 of each year ending in
zero.
C.
Initial
appointments to the Commission on Reapportionment from the pool of
interested parties gathered in this manner shall represent the demographic
and geographic diversity of the County and shall be made no later
than January 1 of each year ending in "1" with two members appointed
by the Legislature's majority leader and two members by the Legislature's
minority leader.
D.
_____
(1)
The four appointed Commissioners shall select the additional three
Commission members from the previously established pool no later than
January 15 of each year ending in "1" and shall represent the geographic
and demographic diversity of the County. In the event that all of
the three additional Commission members are not appointed by the prescribed
January 15 deadline, the appointment of the initial four members and
additional members appointed by the four Commissioners will no longer
have force and effect, and these members will no longer be eligible
to serve on the Commission on Reapportionment.
(2)
The majority and minority leaders will then make new appointments, other than any previously selected who could not agree on the selection of the three additional members, in the manner prescribed in Subsection C above no later than February 1 of each year ending in "1." The four newly appointed members will appoint three additional members as set forth above by February 15 of each year ending in "1." In the event that all of the three additional Commission members are not appointed by the prescribed February 15 deadline, the appointment of the initial four members and additional members appointed by the four Commissioners will no longer have force and effect, and these members will no longer be eligible to serve on the Commission on Reapportionment.
(3)
The majority and minority leaders will then make new appointments, other than any previously selected who could not agree on the selection of the three additional members, in the manner prescribed in Subsection C above but no later than March 1 of each year ending in "1."
(4)
In the event that these four Commission members fail to select all
of the three additional members by March 15 of each year ending in
"1," then by April 1 of each year ending in "1," the three additional
members of the Commission shall be selected by a drawing of names
from a receptacle containing the names of the remaining members of
the pool of interested parties that the four Commissioners have agreed
by majority vote meet the criteria set forth in § C-10A
of this Charter. The four newly appointed members shall verify that
the receptacle contains the names of all remaining members of the
pool of interested parties. The County Clerk shall draw three names
from the receptacle containing the names of all of the remaining interested
parties. If the four newly appointed members determine that any one
of the three additional members together with the four appointed members
thus selected do not represent the criteria set forth in § C-10A
of this Charter, the process shall be repeated with respect to the
number of additional members to be appointed. The rejected members
shall not be placed back in the receptacle. This process shall be
repeated until a majority of the four members determine that the three
additional members together with the four appointed members represent
the criteria set forth in § C-10A of this Charter. The three
names thus selected shall constitute the three additional members
of the Commission on Reapportionment.
(5)
A vacancy in any Reapportionment Commission shall be filled in the
manner that the vacant position was originally filled. A vacancy shall
be filled no later than 15 days from the date of the vacancy.
E.
The
first meeting of the Commission shall be convened by the County Executive
no later than 15 days after it is fully appointed/or the purposes
of receiving its charge and determining how a Chairperson will be
selected. The Commission shall decide at its first meeting by majority
vote of the entire membership of the Commission if it will have a
Chairperson and Vice Chairperson by election or a Chairperson by rotation.
(1)
Chairperson and Vice Chairperson by election.
(a)
The Commission shall elect a Chairperson and Vice Chairperson
at its first meeting by majority vote of the entire membership of
the Commission. The Chairperson and/or the Vice Chairperson may be
removed from his/her seat by a two-thirds vote of the entire membership
of the Commission. A vote for removal of the Chairperson and/or Vice
Chairperson may be called by any member of the Commission. A vote
for removal from the seat of Chairperson or Vice Chairperson is not
a vote for removal from the Commission.
(b)
In the event of a vacancy in the seat of Chairperson or Vice
Chairperson the vacancy shall be filled by a majority vote of the
entire Commission immediately thereafter, but in no event shall it
be later than at its next scheduled meeting immediately following
the vacancy.
(2)
Chairperson by rotation. The position of Chairperson shall rotate
each meeting. The position shall rotate among the Commissioners in
alphabetical order by surname commencing with the Commissioner whose
surname begins with the letter appearing earliest in the alphabet.
A Commissioner may elect to not sit as the Chairperson, in which event,
the Chair shall move to the next Commissioner in the rotation. Should
a Commissioner elect to not serve as Chairperson at any point during
the rotation, this decision shall not result in the forfeiture of
future turns to serve as Chairperson.
F.
Powers and duties of the Commission; hearings; submissions and approval
of the plan.
(1)
Following each decennial census, the Commission shall divide the
County into 23 single member districts as set forth in § C-8
of this Charter for the election of County Legislators. The Commission
shall be solely limited to creating district boundary lines delineating
each of the 23 legislative districts. The Commission shall have no
power or authority to increase or decrease the number of legislative
districts as that power and authority shall vest solely with the Ulster
County Legislature, Ulster County Executive and the electorate pursuant
to the Ulster County Charter and § 23 of Municipal Home
Rule Law. The Commission shall be guided by the criteria set forth
in § C-10A of the County Charter.
(2)
To the maximum extent practicable, each of the 23 single member legislative
districts shall be created, taking into consideration § C-10A
of this Charter.
(3)
The Commission shall hold one or more public hearings on or prior
to May 20 of each year ending in "2" and shall make its draft plan
available to the public for inspection and comment not less than 10
days before such public hearing.
(4)
The Commission shall prepare and adopt, by majority vote, a final
plan for reapportionment and file its plan with the Ulster County
Board of Elections on or before July 20 of each year ending in "2."
(5)
The Commission's reapportionment plan shall have the force and effect
of law and shall be deemed the reapportionment plan of the County
Legislature commencing with the general election in the year ending
in "3."
(6)
The Ulster County Board of Elections shall make adjustments as may
be necessary and appropriate to comply with the adopted plan.
G.
The County Legislature shall appropriate such funds as it deems are
necessary for the Commission to effectively conduct its business.
The expenditure of such funds shall be under the sole control and
discretion of the Commission subject to the provisions set forth in
this Charter and applicable federal, state, and local laws.
H.
The Reapportionment Commission shall be dissolved on the day following
the general election in years ending in "3."
[1]
Editor's Note: This local law was approved at referendum by
a majority of the duly qualified voters 11-6-2012.
The County Legislature shall be the legislative,
appropriating and policy-determining body of the County and, as such,
shall have and exercise all powers and duties now or hereafter conferred
upon it by applicable law and any and all powers necessarily implied
or incidental thereto, including but not limited to the power:
A.
To make appropriations, levy taxes, incur indebtedness
and adopt a budget, including a capital program;
B.
To exercise all powers of local legislation in relation
to enacting, amending, or rescinding local laws, legalizing acts,
local laws, or resolutions;
C.
By local law to adopt, amend or repeal an Administrative
Code which shall set forth the details of administration of the County
government consistent with the provisions of this Charter and which
Administrative Code may contain revisions, simplifications, consolidations,
modifications and restatements of special laws, local laws, resolutions,
rules and regulations consistent with this Charter or amendments thereto;
D.
By local law to create, alter, combine or abolish
County administrative units;
E.
To adopt by resolution all necessary rules and regulations
for its own conduct and procedure;
F.
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, upon recommendation
of the County Executive, grant to the department head the power to
stagger work hours;
G.
To grant by resolution to officers and employees of
the County vacations, sick leaves, compensatory time and leaves of
absence, with or without pay, and adopt rules and regulations in relation
thereto;
H.
To fix the compensation of all officers and employees
paid from County funds or, for employees not covered by a collective
bargaining agreement, to establish salary ranges within which the
appointing authority shall have discretion to set the actual salary
within the range;
J.
To fix the amount of official bonds and undertakings
of officers and employees;
K.
To
conduct studies and investigations in furtherance of its legislative
functions and, in connection therewith, to obtain and employ professional
and technical advice, appoint citizens' committees, commissions and
boards, subpoena witnesses, administer oaths, and require the production
of books, papers and other evidence deemed necessary or material to
such studies or investigations. A subpoena issued under this section
shall be regulated by the Civil Practice Law and Rules together with
any state or federal laws or rules that may be applicable. The subpoena
shall not extend to disclose the identity or jeopardize the safety
of victims, confidential informants, witnesses, and undercover officers
or operatives;
[Amended 8-14-2012 by L.L. No. 9-2012[2]]
[2]
Editor's Note: This local law was approved at referendum by
a majority of the duly qualified voters 11-6-2012.
L.
To create and establish the office of deputy or deputies
to the head of any department, agency, or administrative unit;
M.
To determine and make provision for any matter of
government not otherwise provided for, including, but not by way of
limitation, any necessary matter involved in the transition to this
Charter form of government;
N.
To 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;
O.
To approve the execution of all contracts in excess
of $50,000 entered into by the County; and
[Added 8-14-2012 by L.L. No. 9-2012[1]]
There shall be an Audit Committee consisting of seven members:
The Chairman of the Legislature or his/her designee will serve on
and chair the committee and will appoint two additional members, at
least one of whom must be a County Legislator; the minority leader
will appoint two members, at least one of whom must be a County Legislator;
the County Executive or designee; the Comptroller or designee. The
County Executive and the Comptroller shall be nonvoting members. It
shall take the affirmative action of three out of the five voting
members to act.
A.
The Audit Committee shall:
(1)
Select the independent auditor to perform the annual audit of the
books and records of the County;
(2)
Select the independent auditor in a fashion consistent with the County's
existing procurement policy, and the Audit Committee shall consult
with the Director of Purchasing in this respect; and
(3)
Report the independent auditor's findings to the Legislature, County
Executive and County Comptroller.
[1]
Editor's Note: This local law was approved at referendum by
a majority of the duly qualified voters 11-6-2012.
A.
Except as otherwise provided by this Charter, every
local law, legalizing act, or resolution adopted by the County Legislature,
except legislative branch appointments not otherwise subject to County
Executive approval and resolutions establishing rules and regulations
or other matters pertaining solely to the conduct of the Legislature,
shall be certified by the Clerk of the Legislature and submitted within
five days after passage to the County Executive for the County Executive's
approval in writing.
B.
If the County Executive approves the local law or
resolution, he or she shall sign it and return it to the Clerk of
the County Legislature; it shall then be deemed to have been adopted.
If he or she disapproves the local law or resolution, he or she shall
veto it by returning it within 10 days to the Clerk with his or her
objections stated in writing, or 30 days in the case of a local law.
Any resolution not returned within 10 days, or 30 days in the case
of a local law, will be deemed to have been adopted. The Clerk shall
present the local law or resolution with the County Executive's objections
to the County Legislature at its next regular meeting, and these objections
shall be entered in the Legislature's record, journal or minutes of
proceedings.
C.
Within 30 days after such receipt and entry, the County
Legislature may reconsider such vetoed enactment and pass the same
over the objections thereto by a favorable vote of at least 2/3 of
the whole number of its elected members on a roll-call vote.
A.
Adoption, amendment and repeal. The County Legislature
may adopt, amend and repeal local laws by a majority vote of the total
number of its members. Each local law shall embrace only one subject
and may relate to property, affairs or government of the County, or
any other subject of County concern. In the exercise of such power,
and within the limitations provided by Article 4 of the Municipal
Home Rule Law, the County may change, supersede or amend any act of
the State Legislature.
B.
Procedure. Except as may otherwise be provided in
this Charter, all procedural details relating to the adoption, amendment
and repeal of local laws, including the conduct of referenda in connection
therewith, shall be as provided in the Administrative Code or applicable
law.
C.
Referenda. Local laws shall be subject to mandatory
or permissive referenda when required by this Charter or applicable
law.
D.
Effective date. Every local law shall become effective
when filed in the office of the Secretary of State of the State of
New York, or on such later date as may be provided in the local law.
A.
Adoption, amendment and repeal. The County Legislature
may adopt, amend and repeal resolutions by a majority vote of the
total number of its members. Each resolution shall embrace only one
subject and may relate to property or any other subject of County
concern not required by this Charter or applicable law to be provided
by local law. Resolutions shall not be subject to referenda.
B.
Procedure. Except as otherwise provided in the Charter,
all procedural details relating to the adoption, amendment and repeal
of resolutions shall be as provided in the Administrative Code or
applicable law.
[Amended 8-14-2012 by L.L. No. 9-2012[1]]
A proposed appointment or proposed appointments
to County office by the County Executive that requires confirmation
by the County Legislature under provisions of this Charter shall be
presented by the County Executive to the Clerk of the Legislature
in writing in sufficient time to allow the Clerk to inform the full
Legislature of the proposed appointment or appointments at least 30
days prior to the Legislature's next scheduled meeting. The Legislature
shall vote on the confirmation of such individual at its next regular
meeting at least 30 days after such nomination has been made by the
County Executive. If the Legislature fails to vote upon the proposed
appointment or appointments, the proposed appointment or appointments
shall be deemed confirmed. When an appointment is not confirmed by
the Legislature, but such appointment was considered at a regular
meeting of the Legislature, the appointment of the same individual
for the same position may not be resubmitted by the County Executive
for 12 months after the Legislature votes upon the proposed appointment.
[1]
Editor's Note: This local law was approved at referendum by
a majority of the duly qualified voters 11-6-2012.
Members of all citizens' committees, commissions
and boards appointed pursuant to § C-11K of this Charter
shall serve at the pleasure of the County Legislature. They shall
serve without compensation other than for actual and necessary expenses
within appropriations made therefor, unless otherwise provided by
resolution of the County Legislature. The Chairman of the County Legislature
shall be a member ex officio of all such committees, commissions and
boards.
A.
The organizational meeting of the County Legislature
shall be conducted on or before the second Tuesday in January at the
time and place designated in a written notice to be given each Legislator
by the Clerk of the County Legislature not later than five days prior
to such meeting. In the event of a vacancy in the office of the Clerk
of the County Legislature, or his or her inability or failure to act
in accordance with the provisions of this section, notice shall be
given by the County Clerk.
B.
At this organizational meeting, the members of the
Legislature shall select a Chairman at the call of the Clerk of the
Legislature in each year. The Chairman shall appoint members of the
County Legislature to serve on such committees as are provided by
the rules of such Legislature. The Clerk of the County Legislature
shall preside at all meetings of the Legislature until such time as
a Chairman has been designated by election or appointment. The failure
to elect a Chairman or appoint committee members shall not prevent
the County Legislature from transacting its ordinary business.
C.
In the event of vacancy in the office of Chairman,
the County Legislature shall fill that office in the manner provided
by its rules. Should the County Legislature fail to select a Chairman
within 30 days after that office shall become vacant for any reason,
the County Executive shall appoint a member of the County Legislature
to serve as Chairman for the balance of the calendar year.
The County Legislature shall fix by rule the
time and place of its regular meetings, which shall be conducted at
least once each calendar month. No prior notice of such meetings shall
be required. Special meetings may be conducted at such times and places
and upon such conditions and notice to all members as the County Legislature
by rule may provide.
During the first organizational meeting for each new County
Legislature, a Clerk of the County Legislature shall be appointed
by resolution by the County Legislature, and such appointed Clerk
shall serve for the duration of the appointing Legislature’s
term. In the event of vacancy, the Legislature shall appoint by resolution
a new Clerk of the Legislature. The removal of the Clerk shall only
be done by resolution with a favorable vote of at least 3/5 of the
whole number of the Legislature. Deputy Clerks and employees of the
Legislature shall be appointed in accordance with the Rules of Order
of the Legislature.
[1]
Editor's Note: This local law was approved at referendum by
a majority of the duly qualified voters 11-6-2012.
A.
Appointment. There shall be a Counsel to the Legislature
who shall be appointed by the Chairman of the Legislature. At the
time of his or her appointment, and throughout his or her term of
office, the Counsel to the Legislature shall be and remain duly licensed
and entitled to practice law in the State of New York. He or she shall
be appointed on the basis of his or her legal experience and other
qualifications for the responsibilities of this office. He or she
shall be directly responsible to the Chairman of the Legislature and
shall serve at the pleasure of the County Legislature.
B.
Duties. The Counsel to the Legislature shall prepare
local laws, resolutions, legalizing acts or other legislation or memoranda
and opinions regarding these and perform other duties as required
and assigned by the Chairman of the Legislature.
C.
Minority
Counsel. There shall also be a Minority Counsel who shall be an attorney
at law licensed to practice law in the State of New York and who shall
generally provide legal advice and assistance to the members of the
County Legislature belonging to the political party holding the second
largest number of seats in the Legislature. He or she shall be selected
by that party's caucus and shall serve at the pleasure of said caucus.
[Amended 8-14-2012 by L.L. No. 9-2012[1]]
[1]
Editor's Note: This local law was approved at referendum by
a majority of the duly qualified voters 11-6-2012.
D.
To advise the Legislature, the Legislature may retain Special Counsel
where it deems it necessary notwithstanding the provisions of § C-72
of this County Charter.
[Added 8-14-2012 by L.L. No. 9-2012[2]]
[2]
Editor's Note: This local law was approved at referendum by
a majority of the duly qualified voters 11-6-2012.
A vacancy in the County Legislature shall be
filled by appointment by the County Legislature of a qualified elector
residing within the district no later than 30 days from the time at
which the vacancy occurs. If the appointment is not made within 30
days, a special election shall be conducted to fill the vacancy within
90 days after the vacancy occurs; provided, however, that if there
is a scheduled general election within 120 days after said vacancy
occurs, the vacancy shall be filled at that general election. A person
who fills a vacancy, if appointed or elected at a special election,
shall serve until commencement of the calendar year next succeeding
the first general election after the happening of the vacancy at which
a successor may be elected, and the vacancy shall be filled at such
election for the unexpired term. A person elected at a general election
to fill a vacancy shall serve out the remainder of the term for that
seat.
