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Welcome to the Orange County Charter

 

 

 

Chapter

Department Name

Chapter

Department Name

Article I

Orange County And Its Government

Article XIV

Department of Information Services

Article II

The County Legislature

Article XV

County Clerk

Article III

Executive Branch

Article XVI

District Attorney

Article IV

Budget

Article XVII

Sheriff

Article V

Department of Finance

Article XVIII

Other County Boards, Offices and Functions

Article VI

Department of Law

Article XIX

Orange County Community College

Article VII

Department of Health

Article XX

General And Transitional Provisions

Article VIII

Department of Public Works 

Article XXI

Not Used

Article IX

Department of Planning

Article XXII

Coroners

Article X

Department of Personnel

Article XXIII

Residential Health Care Services

Article XI

Department of Social Services

Article XXIV

Department of Environmental Facilities and Services

Article XII

Department of Parks, Recreation...

Article XXV

Department of Emergency Communications

Article XIII

 

Article XXVI

Department of Emergency Services

 

 

 

ARTICLE I, Orange County and Its Government    1

Section:

1.01. Title and Purpose.
1.02. County Status, Powers and Duties.
1.03. Effect of Charter on State Law.
1.04. Effect of Charter on Local Laws and Resolutions.
1.05. Definitions.

Section 1.01. Title and Purpose.

This Charter and all amendments hereto shall constitute the form of government for the County of Orange and shall be known and cited as the "Orange County Charter." Among the purposes of this Charter are the providing of county services and facilities with the highest degree of efficiency and economy, the securing of all possible county home rule and the separation of county executive and legislative functions.

 

Section 1.02. County Status, Powers and Duties.

The municipal corporation now known as "The County of Orange" shall continue to be a municipal corporation under the same name and with the same boundaries, and shall have and exercise all of the rights, privileges, functions and powers and discharge such duties as are imposed or conferred on it by this Charter, an administrative code or by applicable law.

 

Section 1.03. Effect of Charter on State Law.

Within the limits prescribed in Article 4 of the Municipal Home Rule Law, wherever and whenever any State law, general, special or local in effect, is inconsistent with this Charter or an administrative code, such law shall be deemed to the extent of such inconsistency to be superseded by this Charter insofar as the County of Orange and its government are affected.

 

Section 1.04. Effect of Charter on Local Laws and Resolutions.

Except to the extent inconsistent with this Charter or an administrative code, all existing laws, acts and resolutions heretofore adopted by the Board of Supervisors of the County of Orange shall continue in force until amended, superseded or repealed as provided herein.

 

Section 1.05. Definitions.

Whenever used in this Charter or the Administrative Code, local laws, ordinances, legalizing acts or resolutions, unless otherwise expressly stated or required by subject matter or context:

  1. "Act" or "act" shall mean a local law, resolution, ordinance or legalizing act heretofore or hereafter adopted by the Board of Supervisors or the County Legislature of the County;
  2. "Administrative Code" or "Code" shall mean the Administrative Code adopted by and for the County, and all amendments thereto;
  3. "board," except as otherwise provided in this Charter or the Administrative Code, shall mean a body of persons appointed in the manner provided in this Charter or the Administrative Code for the purpose of studying and advising on matters of County interest;
  4. "Charter" shall mean this Orange County Charter, and all amendments hereto;
  5. "commission" shall mean a body of persons appointed in the manner provided in this Charter or the Administrative Code for the purpose of investigating, studying, reporting, drafting and advising on matters of County interest;
  6. "committee" shall mean a body of persons appointed in the manner provided in this Charter or the Administrative Code for the purpose of investigating, studying or reporting on matters of County interest;
  7. "County" shall mean the County of Orange;
  8. "County Executive" shall mean the County Executive of Orange County, as more fully provided in Article III of this Charter and the Administrative Code;
  9. "County Legislature" shall mean the County Legislature of Orange County, as more fully provided in Article II of this Charter and the Administrative Code;
  10. "department" shall mean each of those units of the executive branch set forth in Articles IV through XIV of this Charter or the Administrative Code;
  11. "deputy" shall mean a County officer authorized by his principal to exercise delegated discretionary powers and duties; whenever in this Charter / Administrative Code the word "deputy" is used in conjunction with the word "commissioner" to mean a person denominated as second only to the commissioner with respect to exercising the powers and duties as head of a County department or other unit of government headed by a commissioner, such term shall mean that such person may exercise all the powers and duties of the head of such department during a vacancy in such position unless otherwise provided by the County Executive; the term "deputy" may be used interchangeably with the term "assistant" without alteration to the powers and duties of a position or its meaning in this Charter / Administrative Code;
  12. "division" shall mean a unit within a department or office of an appointed or elected officer;
  13. "executive branch" shall mean the County Executive and all units of government within his jurisdiction;
  14. "judiciary" shall mean judges;
  15. "legalizing act" shall mean a legislative act, not subject to referendum, which legalizes and validates any act had and taken in connection with a lawful municipal object or purpose by the governing board or other local body, officer or agency of a municipality wholly within the County, in the manner and under the conditions prescribed in the County Law, as amended, or other applicable law;
  16. "local law" shall mean a law adopted pursuant to this Charter or the Administrative Code within the power granted by the Constitution of the State of New York, an act of the State Legislature or a provision of this Charter or the Administrative Code, but shall not include ordinances, legalizing acts or resolutions;
  17. "officer" shall mean a person in the County government who has authority to exercise some portion of the sovereign power either in making, executing or administering the laws;
  18. "ordinance" shall mean a legislative act, not subject to referendum, adopted pursuant to this Charter or the Administrative Code and relating to property or any other subject of County concern not required to be enacted by local law, legalizing act or resolution;
  19. "qualified elector" shall mean a person qualified to cast a ballot in a County election;
  20. "quorum" shall mean a majority of the total voting power or total number;
  21. "resolution" shall mean a legislative act other than a local law, ordinance or legalizing act, adopted pursuant to this Charter or the Administrative Code, but not subject to referendum;
  22. "term of office" shall mean the period during which an officer or official in the County government serves or is eligible to serve in a position; a person serving at the pleasure of the appointing authority may be removed at any time at the discretion of such authority except where otherwise provided by law;
  23. "total voting power" or "total number" shall mean the number of a duly constituted body if there were no vacancies and no persons disqualified from acting;
  24. "unit" shall mean any part of the County government, including officers thereof, and including also any quasi-independent agency, board, commission or committee receiving County funds or on a budgeted basis by appropriation;
  25. every reference in this Charter/Administrative Code shall be construed as masculine, feminine or neutral, or in the singular or plural, as the sense requires; and
  26. Severability: the invalidity of anyone or more provisions of this Charter/Administrative Code shall not affect the validity of any other provision or of the application thereof.