[Amended 7-16-2019 by L.L. No. 4-2019]
A. There shall be a Comptroller, who shall be elected from the County
at large in each odd-numbered year in which a County Executive is
not chosen for a term of four years beginning with the first day of
January next following his or her election. At the time of his or
her nomination and election, and throughout his or her term of office,
the Comptroller shall be and remain a qualified elector of Ulster
County.
B. No person shall serve as Comptroller for more than three 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.
[Amended 8-14-2012 by L.L. No. 9-2012]
The Comptroller shall be the chief auditing officer of the County.
Except as may otherwise be provided in this Charter he or she shall:
A. Examine,
audit, and verify all books, records, and accounts kept by the administrative
units, offices and officials paid from County funds, institutions
and other agencies of the County, including bond and note registers
and trust accounts, and the accrual and collection of all County revenues
and receipts, and for this purpose have access to all such books,
records, and accounts at any time except where precluded by law. The
Comptroller shall prepare an annual audit report including a risk
assessment of the accounting methods utilized by the County, and shall
submit a copy of the report to the County Legislature and the County
Executive by April 1 of each year;
B. Procure
from the depositories with which the Commissioner of Finance shall
have deposited the funds and monies coming into the Comptroller's
possession statements, at least monthly, of all monies deposited by
the Commissioner of Finance or paid out pursuant to the Comptroller's
order, and reconcile such statements with the County accounts;
C. Audit
records of appropriations, encumbrances and expenditures, and prescribe
generally accepted government accounting methods to be used by all
units of County government, unless otherwise required by the State
Comptroller;
D. Certify
the availability of funds for all requisitions, contracts, purchase
orders and other documents by which the County incurs financial obligations
or for the expenditure of funds for which the County is responsible;
E. Prescribe
the form for records of appropriation, encumbrances, and expenditures
for all units of County government, receipts, vouchers, bills and
claims, unless otherwise required by the State Comptroller;
F. Audit
and certify for payment all lawful claims or charges against the County,
whether for payroll or otherwise, or against funds for which the County
is responsible in whole or in part;
G. As
he or she determines necessary or appropriate, audit any department,
program or function of County government to assess the degree to which
its operation is economical, efficient and/or effective;
H. To
conduct studies and investigations in furtherance of his or her 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;
I. Submit
to the County Legislature and Executive, and post on the County website
as frequently as he or she deems necessary, but at least quarter-annually,
reports on the financial condition of the County and the economy,
efficiency and/or effectiveness with which the County government or
any of its departments, agencies or programs is managed;
J. Have
all the powers and perform all the duties conferred or imposed by
law upon a county comptroller, and perform such other related duties
required by the County Executive or County Legislature.
The Comptroller shall have the power to appoint
such Deputy Comptrollers, assistants and employees in his or her office
as shall be authorized by the County Legislature. All such appointees
shall be qualified by education and/or experience and shall be directly
responsible to, and serve at the pleasure of, the Comptroller, subject
to applicable law.
The Comptroller shall designate in writing,
and in order of succession, the Deputy Comptrollers and assistants
who shall be Acting Comptroller in the event of his or her absence
from the County or inability to perform and exercise the powers and
duties of this office. Such designation shall be filed with the County
Clerk and the Clerk of the County Legislature and may be revoked at
any time by the Comptroller filing a new written designation and order
of succession. The Acting Comptroller shall have all the powers and
perform all the duties of the Comptroller.
[Amended 8-14-2012 by L.L. No. 9-2012]
A. Filling Comptroller vacancy. If a vacancy occurs in the office of
the Comptroller of Ulster County for any reason other than the expiration
of a term, the County Legislature shall fill this office ad interim
by the appointing of a person fully qualified by law to hold that
office by a majority of its full number at its next regularly scheduled
session or at a special session held for the purpose, and any such
session shall be held no sooner than two weeks after the vacancy occurs,
and no later than one month after the vacancy occurs.
B. Appointee to serve on interim basis. A person appointed by the Legislature
in this manner to fill an office ad interim shall serve until the
end of the 31st day of December following the first general election
day at which a general election may be held under law to fill this
position.
C. Election; person to serve for duration of unexpired term. The person
chosen at general election, held as soon as practicable on a general
election day under state law to fill a vacancy in the position of
the Comptroller of Ulster County, shall serve for the duration of
the unexpired term of the office.