LOCAL LAW 4-98
CHAUTAUQUA
Section 1.00 Government of
Section 1.01 Purpose
Section 1.02 Continued Status
and Powers
Section 1.03 Effect of Charter
on State Laws
Section 1.04 Existing
Legislation Continued
Section 1.05 Charter and
Administrative Code Review Commission
Section 1.06 Definitions
Section 1.00 Government of
This
Charter together with any subsequent amendments hereto shall constitute the form
of government for the
Section 1.01 Purpose
Among the purposes of this Charter are: the accomplishment of greater efficiency, economy and responsibility in county government; the securing of all possible county home rule; the providing of optimum authority and freedom to county elected officials to enable them to most effectively do their jobs; the ensuring of flexibility in the structure of county government to allow easy adaptability to change; the encouraging of the development, implementation and enhancement of public policy rather than the perpetuation of bureaucracy; the fostering of intermunicipal agreements and cooperation; the establishment of separate executive and legislative branches of county government and the allocation of functions, powers, and duties.
Section 1.02 Continued Status and Powers
The
Section 1.03 Effect of Charter and Administrative Code on State Laws
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with the Charter or the Administrative Code, such law shall be deemed to the extent of such inconsistency to be superseded by the Charter and the Administrative Code insofar as the County of Chautauqua and its government are affected.
Section 1.04 Existing Legislation Continued
Except
to the extent to which they may be inconsistent with the provisions of the
Charter, all existing laws, resolutions, rules and regulations heretofore
adopted, shall continue in force and effect until amended, superseded, or
repealed. All commissions, agencies,
committees, and boards of the
Section 1.05 Charter and Administrative Code Review Commission
Not
later than July 1, 2004, and at least every ten (10) years thereafter, a
Charter and Administrative Code Review Commission shall be established to
review and make recommendations to the County Executive and Legislature on
amendments, additions or revisions to the County Charter and Administrative
Code. The Commission shall consist of
not more than ten citizens of
The Legislature shall provide such funds as are necessary for the Commission to conduct its business properly.
The
The report of such Commission shall be presented to the Executive and Legislature not later than July 1 of the year following the appointment.
Section 1.06 Definitions
All words and phrases in this Code and in the Charter are used according to their accepted and ordinary meaning except where another meaning is specifically indicated or manifest. Words used in the singular number, and words used in the plural number, shall extend to and include the singular number. Words used in the masculine or feminine gender shall extend to and include the feminine or masculine.
Section 2.00
Section 2.01 Changes in
Districts
Section 2.02 Terms of Office;
Qualifications
Section 2.03 Vacancies
Section 2.04 Organization
Section 2.05 Powers and Duties
of Legislature
Section 2.06 Submission of Enactments
for Executive Approval
Section 2.07 Reconsideration
Section 2.08 Legislature
Financial Analyst, Policy Analyst, and Counsel
Section 2.00
The
legislative powers of the County shall be vested in an elective body which
shall be known as the
Section 2.01 Changes in Districts
The
Section 2.02 Terms of Office; Qualifications
The
terms of office of
Section 2.03 Vacancies
A
vacancy in the
Section 2.04 Organization
On
January first of each year or within eight (8) days thereafter, the
Section 2.05 Powers and Duties of Legislature
Except
as otherwise provided in this Charter, the
In
addition to any other powers conferred upon the
(a) To adopt by resolution all necessary rules and regulations for its conduct and procedures by majority of the whole number of its membership.
(b) To make appropriations, incur indebtedness, adopt the budget, and six (6) year capital plan, levy taxes. In the event the Legislature fails to finally adopt a budget for an ensuing fiscal year on or before December 1, the tentative budget shall constitute the budget for such ensuing fiscal year. The appropriation resolution and the resolution authorizing the levy of taxes shall be deemed to have been passed by the Legislature as of such date.
(c) To adopt general policy for County government
including enacting, amending, or rescinding local laws, charter laws,
legalizing acts or resolutions, except that local laws and resolutions may not
supersede the enumerated powers of other County officials set forth in this
Charter without a duly adopted Charter amendment. On at least an annual basis prior to the
County Executive's preparation of the tentative budget, the County Legislature shall
adopt by resolution a comprehensive financial management policy and an
investment policy, and shall adopt by resolution programs, goals and objectives,
as well as specific performance measures for those programs, goals and
objectives, which shall be utilized in the formulation of the budget and in
measuring the success of its implementation.
Resolutions adopting programs, goals, objectives, and specific
performance measures shall not be subject to veto by the
(d)
To fix the compensation of all officers and employees paid from county
funds. With respect to employees not
represented by a bargaining unit who are employed by the Sheriff, District
Attorney, Comptroller,
(e) To make or cause to be made such studies, audits and investigations as it deems to be in the best interests of the County, and in connection therewith to obtain or employ professional, legal and technical advice, appoint temporary advisory boards of citizens, subpoena witnesses, administer oaths and require the production of books, papers and other evidence deemed necessary or material to such study, audit, or investigation.
(f) To establish the compensation for all
(g) To approve all labor contracts.
(h) To appoint a Public Defender and four (4)
Coroners to serve as provided by law.
They shall have and exercise all powers and duties now or hereafter
conferred or imposed upon them by applicable law, and be directly responsible
to the
Section 2.06 Submission of Enactments for Executive Approval
Except as otherwise provided by this Charter, every Local Law and Legislative Resolution adopted by the County Legislature, except legislative branch appointments not otherwise subject to County Executive approval by applicable law and resolutions establishing rules and regulations or other matters pertaining solely to the conduct of its own procedures, shall be submitted within five (5) days after passage, to the County Executive for the County Executive’s approval.
Section 2.07 Reconsideration
After
resubmission to the
Section 2.08 Legislature Financial Analyst, Policy Analyst,
and
Counsel
There shall be appointed at the commencement of each new legislative term or in the event of a vacancy: (1) a Financial Analyst to assist the alterations to the county budget and to advise on other financial matters relating to county government; and (2) a Legislative Counsel to provide legal advice to the Legislature's members and committees, assist in the drafting of legislation, and act as parliamentarian in legislative proceedings.
There may be appointed at the commencement of each new legislative term or in the event of a vacancy a Policy Analyst to assist the Legislature’s members and committees in the execution of their duties, including research and the development of legislative policy.
The Legislature Financial Analyst, Policy Analyst, and Counsel shall be appointed by mutual agreement of the Chairman and Minority Leader of the Legislature, and shall serve at their pleasure. This section shall not preclude the Legislature from establishing by resolution other legislative staff positions within budget appropriations.
Section 3.00
Section 3.01 Election and
Qualifications
Section 3.02 Powers and Duties
of
Section 3.03 Executive Approval
Section 3.04
Section 3.05 Vacancy in the
Office
Section 3.00
The
Executive power of the County shall be vested in a
Section 3.01 Election and Qualifications
The
County Executive shall be elected from the county at large and, at the time of
the County Executive’s nomination and election and throughout the County
Executive’s term of office, be and remain a qualified elector of Chautauqua
County. The
Section 3.02 Powers and Duties
of
The
(a) Be the chief executive officer and administrative head of the executive branch of county government. The executive branch shall be responsible for the administration, organization, and implementation of all functions of County government, except: (1) those functions under the control and supervision of the Sheriff, District Attorney, Comptroller, County Clerk, and Board of Elections; (2) the internal functions of the County Legislature; and (3) the administration of the public defender and coroners, which shall be the responsibility of the County Legislature.
(b) Promulgate an administrative code for the administration, organization, and implementation of all functions of County government, except those excluded in Section 3.02(a) above, to include:
(i) the details of the organizational structure of the executive branch of County government, to be grouped into five general areas:
(1) Administrative Services;
(2) Human Services;
(3) Planning and Economic Development;
(4) Public Facilities; and
(5) Intermunicipal Services.
(ii) uniform financial procedures to be followed by all County officers and entities, with the following minimum time requirements in the budget adoption process:
(1) Resolutions adopting financial
management policy, investment policy, and programs, goals, objectives, and performance
measures pursuant to
(2) Tentative budget - by September 25th.
The administrative code and any
amendments thereto shall take effect thirty (30) days after it is promulgated
unless rejected by a 2/3 majority of the
(c) Exercise supervision and control of all executive branch entities, and shall prescribe, within budget appropriations, the staffing, internal organization and reorganization of such entities, including appointment of any heads of such entities, provided, however, that the appointment of the chief fiscal officer of the County and the Special Assistant for Medicaid shall be subject to confirmation by the County Legislature. In this connection, the Executive shall have the power to determine who shall perform such duties and have such powers not otherwise clearly defined by the Charter.
(d) Secure proper accounting for all funds, provide for the audit of claims in a manner consistent with generally accepted accounting principles (including claims relating to the functions of elected officials and the internal functions of the County Legislature), oversee the physical property of the county, exercise general supervision over all county institutions and agencies, and coordinate the various activities of the county and unify the management of its affairs.
(e) Execute and enforce all local laws and
resolutions of the
(f) Be responsible for the preparation and
submission to the County Legislature of the annual budget, and capital program,
other than budgets of other elected officials, and to execute the same in
accordance with the resolutions and appropriations made by the County
Legislature. For this purpose, the
Executive shall have the power to obtain estimates of revenue and expenditures
from all County entities. The
(g) Be responsible for keeping the
(h) Except as otherwise provided in this Charter,
make, sign, execute, and implement all contracts on behalf of the County,
within the amounts appropriated by the County Legislature, except that a
contract for: (1) the lease, sale,
purchase, or transfer of real property, or (2) the provision of facilities or
the rendering of services by or for any other government must be approved by
the County Legislature. In lieu of
individual approval of each contract described in (1) and (2) above, the
(i) Be responsible for procuring legal services for all County entities, officers, and employees, other than the County Legislature and its employees, including prosecution and defense of all civil matters or proceedings involving the County.
(j) Be responsible for the negotiation of all employee contracts.
(k) Perform such other duties and have such other
powers as may be prescribed for the
(l) In addition to the powers set forth in this Charter, have and be responsible for the exercise of all executive and administrative powers in relation to any and all functions of county government not otherwise specified in this Charter.
(m) Have all necessary and incidental powers to
perform and exercise any of the duties and functions lawfully delegated to the
(n) Have exclusive authority to establish
executive and administrative policies for carrying out all of the Executive’s
powers and duties, including those duties specifically enumerated in this
Charter.
Section 3.03 Executive Approval
Within
ten (10) days after receipt of a legislative resolution as passed by the
(a) APPROVAL.
If the legislative resolution is approved by the
(b) VETO.
If the legislative resolution is vetoed by the
(c) FAILURE TO ACT. In the event that the
Section 3.04
The
Section 3.05 Vacancy in the Office
If a
vacancy occurs in the office of
Section 4.00 Other Elected
Officers
Section 4.01
Section 4.02 District Attorney
Section 4.03
Section 4.04
Section 4.05 Salary Commission
Section 4.00 Other Elected
Officers
There
shall be other County officers elected to a specific term of office from the
County at large as provided for in this Article. Elected county-wide officials specified in
this Article shall be responsible for
preparing and submitting tentative budgets to the County Legislature for their
functions, and shall make, sign, and
implement all contracts utilizing funds appropriated for their use, except that
a contract for: (1) the lease, sale, purchase, or transfer of real property, or
(2) the provision of facilities or the rendering of services by or for any
other government must be approved by the County Legislature. In lieu of individual approval of each
contract described in (1) and (2) above, the
Section 4.01
There
shall be elected from the County at large a
Section 4.02 District Attorney
There
shall be elected from the County at large a District Attorney. The District Attorney shall be elected for a
four (4) year term of office and, at the time of the District Attorney’s
election and throughout the District Attorney’s term of office, shall be a
qualified elector of the County and shall have been duly admitted to the
practice of law in the State of
Section 4.03
There
shall be elected from the County at large a
Section 4.04 Comptroller
There
shall be elected from the County at large a Comptroller. The Comptroller shall be elected for a four
(4) year term of office in odd numbered years, but in the alternate election
from that in which the
The
(a) Be the auditing authority of the County and examine, audit, and verify all books, records, and accounts kept by the various administrative units, offices, 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.
(b) Procure from the depositories with which the Director 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 Director of Finance or paid out pursuant to the Comptroller’s order, and reconcile such statements with the County accounts.
(c) Make reports from time to time when requested
by the
(d) Submit to the
(e) Have the power to investigate and inquire into all matters relating to or affecting the finances of the County and for such purpose and for the purpose of carrying out the Comptroller’s powers and duties, shall have the power to require the attendance of and take the testimony under oath of such persons as the Comptroller may deem necessary.
(f) Perform such additional and related duties as
the
Section 4.05 Salary Commission
There
shall be appointed a bi-partisan County Salary Commission to review and
recommend the salaries of all elected officials except those whose salaries are
established, directly or indirectly, by State Law. The salary of all officers elected for a
fixed term shall not be increased or diminished between the date of such
election and the expiration of such term except (1) in accordance with a
schedule adopted prior to the time such officer was elected to office which
provides higher or lower rates of compensation during said term, or (2) as
otherwise mandated by state or federal laws, rules or regulations. Said Commission shall be composed of seven
(7) citizens appointed by the
The
Commission shall recommend to the
Section 5.00 Local Government
Functions, Facilities and Powers
Not Transferred, Altered, or Impaired
No function, facility, duty or power of any city, town, village, school district, or other district is transferred, altered, or impaired by this Charter.
Section 6.00 General Provisions
Section 6.01 Charter
Clarification
Section 6.02 Amendment of
Charter
Section 6.03 Separability
Section 6.04 Charter to be
Liberally Construed
Section 6.00 General Provisions
Except as may be otherwise provided in the Charter, the provisions set forth in this article shall apply to the operation of the County government.
If
any provision of this Charter is not clear or requires elaboration in its
application to the County, the
Section 6.02 Amendment of Charter
This
Charter may be amended by a Local Law enacted by a two-thirds affirmative vote
of the total membership of the
Section 6.03 Separability
If any provision of this Charter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the particular provision directly involved in the controversy.
Section 6.04 Charter to be Liberally Construed
This Charter shall be liberally construed to achieve its objectives and purposes.
Introduced,
Adopted,
Public Hearing held & Approved by
Adopted as LL 4 –98
LL 7-01, Re. Legislature Policy Analyst-Section 2.08
LL 2-02, Re. Leases and Contracts-Sections 3.02 (h) and 4.00
LL 10-03, Re. Section 2.05 (c); Section 3.02 (b) (ii); Section 3.02 (c) & (f);
Section 3.03 (b); Section 4.00
LL 4-04, Re: Section 2.05 (b); Section 2.05 (c); Section 3.02 (b) (ii)
LL 2-05, Re: Section 2.05 (b); Section 3.02 (f); Section 4.00