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Article II, The County Legislature

Section:

2.01. Vote on Creation of County Legislature
2.02. County Legislature; Powers and Duties
2.03. Approval of Local Laws by Elected County Executive.
2.04. County Legislature; Vacancy; Appointment of Successor.
2.05. Offices and Committees of the County Legislature.
2.06. Clerk of the County Legislature.
2.07. Counsel to the Legislature.
2.08. Reapportionment.


 

Section 2.01. Vote on Creation of County Legislature.

In the event that there be submitted to the electors of the County of Orange the question of abolition of the County Board of Supervisors and the creation of a County Legislature, and the vote therein is in the affirmative, the provisions of this Article relating to the composition and election of the County Legislature shall become effective in the County. Until such referendum is had and the question answered in the affirmative as herein provided, the provisions of this Article relating to the composition and election of the County Legislature shall not become effective and the governing body of the County shall continue to be the Board of Supervisors constituted, elected and compensated in the manner provided by law, which Board of Supervisors shall be called the County Legislature and shall exercise all the powers vested in and perform all duties imposed upon the County Legislature by the provisions of this Charter.

 

Section 2.02. County Legislature; Powers and Duties

The County Legislature shall be the legislative, appropriating and policy determining body of the County. Except as may otherwise be provided in this Charter or the Administrative Code, it shall have and exercise all the legislative powers and duties now or hereafter conferred or imposed upon it by this Charter or said Code, or upon a board of supervisors or legislative body of a county by, law, together with all the powers and duties necess~1y implied or incidental thereto. In addition to all powers conferred by the foregoing or other provisions of this Charter, the County Legislature shall have power among others:
  1. to adopt by resolution all necessary rules and regulations for its conduct and procedure;
  2. to make appropriations, incur indebtedness and adopt the budget;
  3. to levy taxes; provided, however, that, except as otherwise required by law, the net cost of all general services rendered or made available by the County to the entire county shall be a charge against the entire county, and provided further that the net cost of all special services rendered or made available by the County to one or more municipalities or special districts within such County shall be a charge against such municipalities or special districts or the taxpayers or taxable real property thereof;
  4. to exercise all powers of local legislation in relation to enacting, amending or rescinding local laws, charter laws, legalizing acts or resolutions;
  5. to adopt, amend, and repeal by local law an administrative code which shall set forth the details of administration of the County government consistent with the provisions of this Charter and which may contain revisions, simplifications, consolidations, codifications and restatements of special laws, local laws, resolutions, rules and regulations consistent with this Charter or amendments thereto;
  6. by local law to create, alter, combine or abolish County administrative units not headed by elective officers;
  7. to fix the compensation of all officers and employees paid from County funds except members of the judiciary, and except that the compensation of any elected official paid from County funds shall not be decreased during his term of office;
  8. enact, amend or rescind local laws, ordinances, legalizing acts or resolutions subject, however, to the provisions of Section 3.02 (I) of this Charter and Sections 2.03 and 4.07 of this Charter and the Administrative Code;
  9. to fix the amount of bonds of officers and employees paid from County funds;
  10. to determine and make provision for any matter of County government not otherwise provided for, including but not restricted to any necessary matter involved in the transition to this charter form of government;
  11. approve the appointment of all heads of units of County government, and subordinate officers thereof, except those required to be elected, and except as otherwise provided in this Charter or the Administrative Code;
  12. establish or abolish positions of employment and titles thereof;
  13. establish by resolution one or more offices of deputy to the head of any unit of County government;
  14. adopt such standard rules and regulations regarding County employment as it may deem appropriate;
  15. fix by resolution the compensation to be paid from County funds for persons rendering service to or in behalf of, but who are not officers or employees of, the County;
  16. establish by resolution the method for correction of manifest clerical or other errors or omissions in assessment rolls or returns thereof as authorized by law;
  17. conduct studies and investigations, obtain and employ professional and technical assistance and advice, appoint citizens' committees, commissions and boards, subpoena witnesses, administer oaths and require the production of books, papers and other evidence necessary or material to such studies or investigations, all in furtherance of its legislative functions;
  18. legalize, and validate by legalizing act, any act had or taken in connection with a lawful municipal purpose by a governing board or other body, office, agency or unit of a local municipality wholly within the County in the manner provided in the County Law; and
  19. From time to time, by local law, fix the amount and method of paying compensation to its members, its Chairman, its Majority and Minority Leaders and the Chairman of its Statutory Committees. Any such local law that increases the compensation of any Legislator during his term of office shall be subject to a permissive referendum.
Notwithstanding any provisions of law to the contrary, establish by resolution from time to time a schedule for fixed costs for certain activities performed by Legislators in the performance of their official duties, which shall be reimbursable to the Legislators as the costs or expenses incurred by them for such Activities.

 
 

Section 2.03, Approval of Local Laws by Elected County Executive.

Every local law shall be certified by the Clerk of the County Legislature after its passage by such body and shall be presented to the elected County Executive for approval by him. If such officer approves it, he shall sign it and return it to such Clerk; it shall then be deemed to have been adopted. If he disapproves it, he shall return it to the Clerk with his objections stated in writing and the Clerk shall present the same with such objections to the County Legislature at its next regular meeting and such objections shall be entered in its record, journal or minutes of proceedings. The Legislature within thirty days thereafter may reconsider the same. If after such reconsideration such local law is repassed by a vote of at least two-thirds of the total voting power of the legislative body, it shall be deemed adopted. Only one vote shall be had upon such reconsideration. If within thirty days after a local law shall have been presented to him, the County Executive shall neither approve it nor return it to the Clerk with his objections, it shall be deemed to be adopted in like manner as if he had signed it. At any time prior to such adoption or to the return of a local law by the County Executive, as the case may be, the Legislature may recall the same and reconsider its action thereon.

Within 10 days after the approval of a Local Law by the County Executive, the Clerk of the Legislature shall cause to be published in the official newspapers of the Orange County Legislature a notice of adoption of a local law. The notice of adoption of a local law shall be published once and shall contain a synopsis of the law, and a notice that the full text of the law may be examined at the office of the Clerk of the Legislature during normal business hours.

 
 

Section 2.04. County legislature; Vacancy; Appointment of Successor.

  1. A vacancy in the office of County legislator shall be filled within the first forty-five (45) days of its occurrence as follows:
    1. in a legislative district lying wholly within the boundaries of one town or city by a majority vote of the whole town board or duty governing body;
    2. in a legislative district lying within the boundaries of two or more towns or one or more towns and a property or parts thereof, by a majority weighted vote of all the boards and duty governing boards assembled collectively for the purpose of filling such vacancy. Such weighting shall be based upon the ratio of population of each town or city in such legislative district and divided equally among the members of each separate board or governing body.
  2. If for any reason a vacancy in the office of County Legislator is not filled in the manner provided in paragraph (a) of this Section within forty-five (45) days after its occurrence, then such vacancy shall be filled no later than fifteen (15) days thereafter by appointment of the Chairman of the County Legislature.
  3. In the event a vacancy in the office of County Legislator shall not be filled within 60 days as herein above provided, a special election shall be held in the district wherein such vacancy shall have occurred.
  4. The person so appointed or elected under paragraphs a, b, or c; of this section to fill such vacancy shall take and file his oath of office as required by law and shall assume the office of County Legislator at the next Legislative meeting. At the time of his appointment, each such appointed County legislator shall reside in the district whose seat he shall fill. he shall serve until the first day of January next following the next succeeding general election, at which general election such vacancy shall be filled for the unexpired term, if any.
 

Section 2.05. Officers and Committees of the County Legislature.

On January first of each year or as soon thereafter as practicable, the County Legislature shall meet and organize by electing from among its members a Chairman and such other officials as are deemed required. 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.

 
 

Section 2.06. Clerk of the County Legislature.

On January first of the year following the election of a County Legislature, or as soon thereafter as practicable, the County Legislature shall appoint a Clerk who shall serve at the pleasure of the Legislature and until his successor is appointed and has qualified, and, from time to time, the Clerk shall appoint such additional personnel as are required for the efficient operation of the office of the Clerk, within budgetary limitations, including at least one deputy.
 

Section 2.07. Counsel to the Legislature.

There shall be a counsel to the Legislature who shall be appointed by the Chairman of the Legislature subject to the confirmation of the County Legislature. At the time of his appointment, and throughout his 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 shall be appointed on the basis of his legal experience and other qualifications for the responsibilities of his office. He shall be directly responsible to, and serve at the pleasure of, the County Legislature.

Powers and Duties.

Except as may otherwise be provided in this Charter the Counsel to the Legislature shall with respect to County civil matters:

  1. be the sole legal advisor and representative of the County Legislature;
  2. prepare all local laws, ordinances, resolutions, legalizing acts or other legislation upon request of a member of the County Legislature, together with notices and other documents in connection therewith;
  3. perform such other related and non-conflicting duties as may be required by the County Legislature.

Deputies and Assistants.

Counsel to the Legislature shall have the power to appoint such Deputy and Assistants and employees of his department as shall be authorized by the County Legislature. At the times of their appointment, and throughout their terms of office, all Deputies and Assistants shall be and remain duly licensed and entitled to practice law in the State of New York. All Deputies and Assistants and employees of the department shall be directly responsible to, and serve at the pleasure of the Counsel to the Legislature, except as otherwise provided by this Charter, the Administrative Code or applicable law.

Acting Legal Counsel to the Legislature.

The Legal Counsel to the Legislature, subject to approval by the Legislature, shall designate in writing, and in order of succession, the Deputy and Assistant Counsel who shall be Acting Legal Counsel in the event of his absence from the County or inability to perform and exercise the powers and duties of his office. Such designation shall be filed with the County Clerk and the Clerk of the Legislature and may be revoked at any time by the Legal Counsel to the Legislature filing a new written designation and order of succession. The Acting Legal Counsel shall have all the powers and perform all the duties of the Legal Counsel to the Legislature.

 

Section 2.08, Reapportionment.

Upon the publication of each federal decennial census of the County, the County Legislature shall forthwith begin the process of reapportioning itself accordingly, in the manner set forth in the Administrative Code.

The County Legislature shall hold at least one public hearing on any proposed plan of reapportionment before it shall finally adopt the same.

This Section of this Charter and the related provisions of the Administrative Code shall not be suspended, or the time for adoption of such a plan of reapportionment be postponed by the County Legislature except by Local Law which shall set forth in full the reasons the County Legislature deems it necessary to so act.