CHAUTAUQUA
COUNTY ADMINISTRATIVE CODE
3/24/04
Article 1
Section 1.00 Title
This Code and all amendments hereto shall be known and may be cited as the “Chautauqua County Administrative Code.”
The
purpose of this Code is to clarify the administration, organization and
implementation of all functions of County government consistent with the
provisions of the Chautauqua County Charter.
The County Executive hereby established this administrative code to set
forth the details of administration of the County government in harmony with
the provisions of the Charter and which may contain revisions, simplifications,
consolidations, codifications, and restatements of special laws, local laws,
resolutions, rules and regulations consistent with the Charter or amendments
thereto, except as to those functions under the control and supervision of the
Sheriff, District Attorney, Comptroller, County Clerk, and Board of Elections. The County Executive may continue to
maintain a manual of organization, policies and procedures to further document
the organizational structure of the executive branch of County government. Such organizational structure as provided in
the County Charter is grouped into the following five general areas: (1) Administrative Services; (2) Public
Facilities; (3) Human Services; (4) Planning and Economic Development; and (5)
Intermunicipal Services.
Section 1.02 Continued Status
and Powers
The
County of Chautauqua shall continue to be a municipal corporation and shall
have all the powers and perform all the duties now or hereafter conferred or
imposed upon it by the Charter or applicable law, together with all rights,
privileges, functions and powers necessarily implied or incidental thereto.
Section 1.03 Effect of Charter
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extent of such inconsistency to be superseded by the Charter or Administrative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 Code, 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existing laws, resolutions, rules and regulations heretofore adopted, shall continue in force and effect until amended, superseded or repealed.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 County of Chautauqua shall cease three years from this law’s filing in the Office of the Secretary of State, and every three years thereafter, unless the County Legislature, and County Executive, by affirmative action, extend and continue said commissions, agencies, committees, and boards.
Section 1.05 Charter and
Administrative Code Review Commission
Not
later than July 1, 2004, and 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 (10) citizens of Chautauqua County, with five (5) of said members
appointed by the County Executive and the remaining five (5) appointed by the
Legislature.
The
Legislature shall provide such funds as are necessary for the Commission to
conduct its business properly.
The
County Executive, any Legislator, the Legislature collectively or any other
person shall have the right to make recommendations for amendments, additions
or revisions to the Charter and/or Code.
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 County Executive
Section 2.01 Election and
Qualifications
Section 2.02 Powers and Duties
of County Executive
Section 2.03 Executive
Approval
Section 2.04 Acting County
Executive
Section 2.05 Vacancy in the
Office
Section 2.08 Deputy County
Executive
The
Executive power of the County shall be vested in a County Executive, who shall
be responsible for the proper administration of all County affairs placed in
the County Executive’s charge by law or under any of the provisions of the
County Charter and this Code.
Section 2.01 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 County Executive’s term of
office shall begin with the first day of January following the County
Executive’s election and shall be for four (4) years. The County Executive shall hold no other elected public office
and shall devote full time to the duties of the office.
Section 2.02 Powers and Duties
of County Executive
The County Executive shall be
responsible for the administration of all County affairs. In addition to any other powers and duties
provided by this Charter the Executive shall:
(a)
Be the chief executive officer and administrative head of the 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)
Establish the administration, organization, and implementation of all functions
of the executive branch of County government grouped into the following five
general areas: (1) Administrative
Services; (2) Public Facilities; (3) Human Services; (4) Planning and Economic
Development; and (5) Intermunicipal Services.
The staffing, internal organization and reorganization of these areas,
including the appointment of heads of such areas and powers and duties, are
prescribed within.
(c) 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 function 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.
(d)
Execute and enforce all local laws and resolutions of the County Legislature
and see that all laws required to be enforced through the County Legislature or
other County officers, subject to its control, are faithfully executed.
(e)
Be responsible for the preparation and submission to the County Legislature of
the annual budget, and capital program and to execute the same in accordance
with the resolutions and appropriations made by the County Legislature. For this purpose, the County Executive shall
have the power to obtain estimates of revenue and expenditures from all department
heads.
(f)
Be responsible for keeping the County Legislature fully advised as to the
financial condition and needs of the County and file with the County
Legislature an annual report of the financial affairs of the County.
(g)
Except as otherwise provided in the 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 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 County
Legislature may adopt policies authorizing the County Executive to execute and
implement classes of such contracts.
The County Executive shall have the power to delegate the making,
signing, executing and implementing of contracts to other County officers.
(h)
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.
(i)
Appoint an administrative Cabinet to assist the County Executive in the
day-to-day management of County government; such cabinet may include
representatives from each of the designated general areas and such others as
deemed appropriate by the County Executive.
(j)
Call such Cabinet to order and convene at the pleasure of the County Executive
to keep the Executive abreast of the general functioning of the operations of
their respective departments.
(k) Appoint subject to confirmation by the County Legislature only those positions required by New York State law.
(l)
Be responsible for the negotiation of all employee contracts.
(m)
Perform such other duties and have such other powers as may be prescribed for
the County Executive by law, administrative code, or resolution.
(n)
In addition to the powers set forth in this Code, 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 Code.
(o)
In the event of an occurrence of an emergency affecting the life, health or
safety of inhabitants of Chautauqua County, the County Executive, except as
otherwise provided by law, shall have the power to declare the same an
emergency and to perform all acts which are necessary for the protection of such
inhabitants and to sign all necessary papers to carry this authorization into
effect.
(p)
Have the power to temporarily transfer employees between programs and designate
and authorize any officer or employee paid from County funds, except member,
officers, and employees of the County Legislature, to attend an official or
unofficial convention, conference or school for the betterment of County
government. All necessary and actual
expenses including but not limited to a registration fee, not exceeding the
amount as fixed by the general municipal law and mileage as fixed by the
Legislature shall be paid from County funds.
Section 2.03 Executive Approval
Within ten (10) days after receipt of a
legislative resolution as passed by the County Legislature, the County
Executive shall approve or veto the same.
A local law as passed by the County Legislature shall be submitted to
the County Executive for action in accordance with Sections 20 and 21 of the
Municipal Home Rule Law.
(1)
APPROVAL. If the legislative resolution is approved by the County
Executive, the County Executive shall endorse the original document and return
it to the Clerk of the County Legislature within ten (10) days from the date on
which the County Executive received the resolution.
(2)
VETO. If the local law or
legislative resolution is vetoed by the County Executive, the County Executive
shall so indicate in writing setting forth the objections thereto and within
ten (10) days after receipt of such resolution, return the original document to
the Clerk of the County Legislature, with the County Executive’s veto message
attached. In the case of adoption of
the annual budget, the County Executive shall have power to veto specific
items, which the County Legislature may have changed from the original budget
proposal submitted by the County Executive, without vetoing the entire budget.
The County Executive shall also have the power to veto a portion or all of the
dollar amount of each specific item (whether or not changed by the County
Legislature) in the budgets of other elected county-wide officials, without
vetoing the entire budget.
(3) FAILURE TO ACT. In the event that
the County Executive fails to approve or veto a legislative resolution within
ten (10) days following the date of its receipt from the Clerk of the County
Legislature, such resolution shall be deemed enacted.
Section 2.04 Acting County
Executive
The
County Executive shall designate, within thirty (30) days of assuming office,
subject to confirmation by the County Legislature, an appointive officer of the
executive branch to be known as the Acting County Executive to perform the
duties of such Executive during the County Executive’s absence from the County
or inability to act for any reason.
Such designation shall be made in writing and filed with the Clerk of
the County Legislature and may be changed by the County Executive at any time
by a new designation, confirmed by the County Legislature and filed with said
Clerk. In the event that no Acting
County Executive has been so designated or that the Acting County Executive is
unable to serve during an absence or disability of the County Executive, the
County Legislature shall designate such Acting Executive.
Section 2.05 Vacancy in the
Office
If
a vacancy occurs in the Office of County Executive, the County Executive’s
successor shall be chosen at the next general election scheduled not less than
sixty (60) days after such vacancy occurs.
The County Executive shall have the power to appoint, and at pleasure remove, two (2) Executive Assistants, who shall assist the County Executive in the execution of duties and in the administration of the affairs of the County for which the County Executive is responsible.
Section 2.07 Deputy County Executive and Chief
Information Officer
There may be a Deputy County Executive and Chief Information Officer who serves as a member of the County Executive's Cabinet, the head of the Department of Information Technology Services, a department which oversees all technology and network-related data, voice and video communications systems, records management functions, and assists the County Executive in coordinating County operations. The position is appointed by the County Executive and the Deputy County Executive and Chief Information Officer serves at the pleasure of the County Executive. The Deputy County Executive and Chief Information Officer directly consults with and advises the County Executive on problems and decisions relative to County operations, assists in the formulation of County-wide policies and procedures, acts as the chief deputy administrator on behalf of the County Executive, and performs such other duties as delegated by the County Executive.
Section 2.08 Deputy County Executive
The position of Deputy County Executive is an additional title which may be designated by the County Executive for a department head in Range 10 or above of the Management Salary Plan. In addition to department head duties, the Deputy County Executive directly consults with and advises the County Executive on problems and decisions relative to County operations, assists in the formulation of County-wide policies and procedures, acts as the chief deputy administrator on behalf of the County Executive, and performs such other duties as delegated by the County Executive.
ADMINISTRATIVE SERVICES
There shall be a member of the County Executive’s Cabinet from the Administrative Services branch of County government. Such person shall be responsible for the oversight of Office of Management and Budget, the Department of Law, the Department of Finance, the Department of Information Technology Services, the Department of Human Resources, and the County Historian.
Office of Management and Budget, Law, Finance,
Information Technology Services, Human Resources, and County Historian.
Section 3.00B Department of
Law
Section 3.01B Powers and
Duties
Section 3.02B Deputy County
Attorney
Section 3.00B Department of
Law
There
shall be a County Attorney appointed by the County Executive. There may be a
Department of Law, under direction of the County Attorney. The County Attorney shall be duly admitted
to the practice of law in New York State and be a resident of Chautauqua County
at the time of appointment. The County
Attorney shall serve at the pleasure of the County Executive and shall have the
power to appoint such deputies, assistants and employees of the department as
may be necessary to implement the duties of the office as outlined in this
Section and as shall be authorized by the County Executive.
All
legal resources of county government shall be centered in the Department of
Law, which shall constitute a pool of legal talent, responsible for providing
to the County legal services and advice of any nature. Except as otherwise
provided in this Charter or Code, the County Attorney shall be the sole legal
advisor for and represent the County and every agency and office thereof in
County matters of a civil nature; advise and represent all County officers and
employees in relation to their official duties and, where in the interest of
the County, prepare all necessary papers and written instruments in connection
therewith; prosecute or defend all actions or proceedings of a civil nature
brought by or against the County; when authorized by the County Executive or
the Legislature, the County Attorney
shall prosecute or defend all proceedings of a civil nature brought against the
Legislature or any County Officer or employee whose compensation is paid from
County funds for any official act except as otherwise provided by the Charter,
Code or any applicable act of the Legislature not inconsistent with the Charter
or Code; on request prepare resolutions, ordinances, legalizing acts and local
laws to be presented for action by the Legislature together with notice and
other items in connection therewith; and perform such other and related duties
as may be prescribed by law not inconsistent with a Charter or Code by the
County Executive, or by ordinance or resolution of the Legislature. The County Attorney shall supervise the Law
Library.
Whenever
the interest of the Legislature, the County Executive, or the County are
inconsistent with the interest of any County officer or employee paid
compensation from the County funds, the County Attorney shall represent the
interests of the County Executive and the County. In such case, the officer or employee, including an officer or
employee of the County Legislature, may at such employee’s own expense employ
an attorney-at-law.
The
County Attorney shall have all the powers and duties and shall be subject to
all obligations and liabilities heretofore or hereafter lawfully granted or
imposed by the Charter, Code, local law, ordinance or resolution of the
Legislature, order or direction of the County Executive or any applicable
provision of any act of the Legislature not inconsistent with the Charter or
Code.
The
County Attorney may employ special counsel, professional, technical, or other
consultant services and incur such expenses in connection therewith as deemed
necessary for the performance of the duties.
Section 3.02B Deputy County
Attorneys
The
County Attorney may appoint such Deputy County Attorneys and assign them such
duties pertaining to the office as the County Attorney may decide. The County Attorney may direct the location
of their home office and that they work directly with other County officers.
Every
appointment of a deputy shall be in writing and shall be filed with the County
Executive and the Clerk of the Legislature.
Any such appointment may be revoked by the County Attorney at any time
by filing a written revocation with the County Executive and the Clerk of
Legislature. If more than one deputy is
appointed, the County Attorney shall designate in writing and file with the
County Executive and the Clerk of the Legislature the order in which they may
exercise the powers and duties of the County Attorney in the event of a
vacancy, or the absence or inability of such County Attorney to perform the
duties of the office.
Section 3.03B Other County
Attorneys
Where
the nature of the work is so specialized, or the work load so great that it is
necessary to assign attorneys to work full time with a given department, such
as the Social Services Department, the County Attorney shall have the power of
designating such individuals, reviewing their performance and recommending
dismissal, if there is justifiable cause.
Section 3.00C Department of
Finance: Organization
Section 3.01C Powers and
Duties of Director of Finance
Section 3.02C Division of the
Treasury
Section 3.03C Division of
Taxation
Section 3.04C Division of
Insurance Service
Section 3.00C Department of
Finance: Organization
There
shall be a Department of Finance. Its
Director is the County’s Chief Fiscal Officer and shall be appointed by the
County Executive, subject to confirmation by the Chautauqua County
Legislature. Such Director will serve
at the pleasure of the County Executive.
The Department may be organized into the following divisions:
Division
of the Treasury
Division
of Taxation
Division
of Insurance Services
Division
of Budget
Division
of Purchasing
(a)
The Division of the Treasury may be headed by a Deputy Director, who may also be known as the First
Deputy Director of Finance, appointed by the Director of Finance.
(b)
The Division of Taxation will be headed by a Deputy Director who may also be
known as the Director of Real Property Tax Services, and who will be appointed
by the County Executive and serve in full accordance with Article 15-A of the
Real Property Tax Law.
(c) The Division of Insurance Services may be headed by a Deputy Director, who may also be known as the Insurance Administrator, appointed by the Director of Finance.
(d) The Division of Budget may be headed by an Office for Management and Budget (OMB) Director and shall be appointed by the County Executive. Such OMB Director will serve at the pleasure of the County Executive.
(e)
Each Deputy Director shall act for and on behalf of the Director of Finance
with respect to the Deputy’s division.
Section 3.01C Powers and
Duties of Director of Finance
The
Director of Finance shall:
(a)
Have all the powers and duties and shall be subject to all the obligations and
liabilities heretofore or hereafter lawfully granted or imposed by the County
Charter, this Code, local law, ordinance or resolution of the Legislature,
order or direction of the County Executive, or any applicable provision of any
act of the Legislature not inconsistent with the County Charter or this
Code. Such powers, duties, obligations
and liabilities shall include, but shall not be limited to, any power, duty,
obligation or liability now or hereafter required by any law to be performed by
or imposed upon a County Treasurer, the Chief Fiscal Officer of a county, or
other county officers in relation to the collection of taxes.
(b)
Have charge of the collection, receipt, custody, deposit, investment and
disbursement of all fees, taxes, revenues and other funds of the County or for
which the County is responsible. The
Director shall have charge of the performance of all other duties required by
any law to be performed by a county treasurer, or other county officer in
relation to the collection of taxes, except as they may be inconsistent with
the Charter or Code.
(c)
Have custody of all insurance policies, security bonds, and such other County
instruments as the County Executive may direct.
(d)
Shall audit claims, except for those previously audited in the Department of
Social Services for state-mandated and assisted programs, and payrolls for
services rendered the County, or for salaries of any County employees or County
officer. Such audit will consist of
verifying services or items purchased have been properly authorized and that it
has been received or performed as indicated by written certification from the
head of the appropriate unit or deputy to the effect that each person named
therein was regularly appointed to the position held, that the services
specified were actually performed and that the compensation stated in such
claim or payroll is correct and true - or by a receiving document. No payroll shall be approved for payment
until the Human Resources Director or designee has certified that the persons
named therein are employed in their respective positions in accordance with law
and rules made pursuant to law.
(e)
Shall prepare and authorize payments of the payroll and all other lawful claims
or charges against the County or against funds for which the County is
responsible. No payment shall be prepared by the Director for the settlement of
any claim against or obligation of the County, unless it states particularly
against which of such funds it is drawn and the appropriation account
chargeable therewith. No fund or
appropriation account shall be overdrawn nor shall any check be drawn against
one fund or appropriation to pay a claim chargeable to another.
(f)
Shall prescribe such accounting methods, systems, forms and reports, and copies
and distribution of same for all administrative units in the County, as seems
necessary for proper control and administration.
(g)
Depository and Investment Undertakings- The Director of Finance shall deposit
and invest funds in accordance with resolutions duly adopted by the Legislature
and in accordance with applicable provision of New York State Law and
regulations adopted by the New York State Comptroller.
Whenever, in the judgment of the Director of Finance, additional facilities for the safeguarding of securities are required, a safety deposit box shall be rented and the cost thereof shall be paid as a County charge. The Director of Finance shall not be liable for the loss of public funds of the County by reason of the default or insolvency of a designated Depository, provided such funds have been deposited in accordance with the provisions of this section.
The
Division of the Treasury may be headed by a Deputy Director who may also be
known as the First Deputy Director of Finance, who shall have charge of the collection, receipt, custody,
deposit, investment and disbursement of all fees, taxes, revenues and other
funds of the County or for which the County is responsible. The Deputy Director shall have charge of the
performance of all other duties required by any law to be performed by a county
treasurer or other officer in relation to the collection of taxes. The Deputy
Director shall oversee revolving petty cash funds which the County Executive
may establish for any administrative unit or subdivision thereof or officer in
such amount as is deemed necessary, upon approval of the County Legislature. Any such petty cash fund shall otherwise
continue in existence from year to year until abolished. Expenditures from a
petty cash fund may be made only for payment in advance of audit of properly
itemized and verified or certified bills for materials, supplies or services
other than employment, furnished to the County for the conduct of its affairs
and upon terms calling for payment to the vendor upon the delivery of any such
materials or supplies or the rendering of any such services. Moneys in any such fund also may be used for
the purpose of making change when such is required in the performance of
official duties. Moneys in any such
fund established for the office of the Sheriff, District Attorney, or any County
peace officer may also be used, in an emergency, to advance travel funds to
personnel of the sheriff’s or district attorney’s office or any County peace
officer when required to travel on official business. Upon audit of bills by
the Department of Finance, such petty cash fund shall be reimbursed from the
appropriate budgetary item or items in an amount equal to the amount audited
and allowed. Any of such bills or any
portion thereof as shall be disallowed upon audit shall be the personal
liability of the official responsible for the use of the petty cash fund from
which payment in account thereof was made.
Such official shall forthwith reimburse such petty cash fund in the
amount of such disallowances. If such
reimbursement has not been made by the time of the first payment of salary to such
official after the disallowance of any such bills or any portion thereof, the
amount of such disallowance shall be such salary payment, and, if necessary,
subsequent salary payments, and paid into such petty cash fund until an amount
equal to the amount of such disallowance has been repaid to such petty cash
fund.
On or
before the 15th of the month following, excepting the month of
January which shall be by the 31st of that month, submit to the
Legislature, the County Executive and the Comptroller, a statement of the
financial condition of the County as of the last day of the previous
month. The statement shall include such
information as the County Executive or the Comptroller may request or the
legislature, by resolution, may direct.
The
Division of Taxation shall be headed by a Deputy Director, who may also be
known as the Director of Real Property Tax Services. The Director of Real Property Tax Services shall serve as the
County’s Tax Enforcement Officer and such
Director’s duties shall include ascertaining, spreading, entering and extending
taxes levied by the Legislature for all State, County, Town and special
district purposes, and including the preparation of tax rolls and the issuance
of tax bills for such taxes.
Section 3.04C Division of
Insurance Services
The
Division of Insurance may be headed by a Deputy Director who may also be known
as the Insurance Administrator. The Deputy Director’s duties shall include administration of the Liability and Casualty
Reserve Fund; all of the County’s health plans; the County Self-Insured
Worker’s Compensation Insurance Plan; the Municipal Self-Insured Health
Insurance Plan; and the responsibility for obtaining such additional insurance
policies for property, liability, health, automobile and others as
necessary. The Deputy Director shall
also be responsible for the development and administration of a risk management
program and perform such other and related duties as may be prescribed by the
Director of Finance.
Section 3.05C Division of
Budget
A
Division of Budget may be created with duties fulfilled by a separately
appointed OMB Director, appointed by
the County Executive. Such OMB
Director shall be responsible to design, prepare and distribute budget requests
and instructions and make appropriate recommendations. The OMB Director shall assist the County
Executive in preparation of the County’s Tentative Budget and Budget Message.
The
Division of Purchasing may be directed by
a Deputy Director of Purchasing who may
serve as the County Purchasing Director and have the following powers and
duties:
(a) Establish and maintain a central purchasing system.
(b)
Establish and enforce standard specifications with respect to supplies,
materials, equipment and services.
(c)
Inspect, supervise or otherwise provide for the inspection of all deliveries of
supplies, materials and equipment and establish their conformance to contract
in respect to quality, quantity or other terms.
(d)
Sell or lease any supplies, obsolete or unused supplies, materials and
equipment under such rules and regulations as may be established by the
Legislature.
(e)
Upon the request of any city, town, village, school district or other unit of
local government, act as purchasing agent for the same either for all or part
of its purchases, upon such conditions as established by the Legislature.
(f)
Process contracts to be signed by the County Executive as they relate to the
buying, selling or leasing of supplies, materials, equipment and services.
(g)
Provide for the proper disposal of any unused or excess equipment through
appropriate means.
(h)
Perform all other duties of a County purchasing agent under the laws of the
State of New York, not inconsistent with the provisions of this Code.
(i) Prepare procedural
regulations to amplify the provision of this section and all purchasing,
receiving, disbursement and stores procedures, and submit such regulations to
the County Executive for approval - and upon such approval, promulgate and
enforce compliance with such regulations.
Section 3.07C Purchasing
Procedure
(a)
The Division of Purchasing shall make all purchases of and contracts for
supplies, materials, equipment and services for the County, the Legislature or
any administrative unit for which the County shall be liable for payment. The Division of Purchasing shall make all
such purchases or contracts of purchase in accordance with the competitive bidding
requirements and limits set forth in Article 5-a of the General Municipal Law
by publishing an advertisement when required by the General Municipal Law, in
the County’s official newspapers, which advertisement shall invite sealed bids
for the same, provided that the purchase of perishable foodstuffs, drugs and
medical supplies may be made without public advertisement when expressly
permitted by written order of the County Executive.
(b)
Such advertisement shall contain a statement of the time when and the place
where all bids received pursuant to such notice will be publicly opened and
read. The sealed envelope containing
each bid shall be clearly marked “BID”.
At least five (5) days shall elapse between the first publication of
such advertisement and the date specified therein for the opening and reading
of bids. The Deputy Director of
Purchasing or the person designated by the Deputy Director to open the bids at
the time and place specified shall make a record of such bids. The contract shall be awarded to the lowest
responsible bidder furnishing the required security, if any, after advertising
for the sealed bids in the manner provided by this section. In cases where two or more responsible
bidders furnishing the required security, if any, submit identical bid as to
price, the contract may be awarded to any of such bidders. The Deputy Director of Purchasing may with
discretion reject all bids and re-advertise for new bids in the manner provided
by this section.
(c)
The Deputy Director of Purchasing may purchase supplies, materials, equipment
or services to be rendered by contract without the advertisement required by
Paragraphs 1 and 2 of this section in the following cases: (1) When the County
Executive has declared a public emergency arising out of an accident or other
unforeseen occurrence or condition whereby circumstances affecting the life,
health or safety of inhabitants of the County of Chautauqua require immediate
action which cannot await competitive bidding; (2) When, by resolution adopted by a vote of at least two-thirds
(2/3) of the whole number, the Legislature has determined it to be
impracticable to advertise for such bids; (3)
When through some accident or other unforeseen circumstances the
heating, air conditioning, ventilating, lighting, plumbing system, machinery,
equipment or other apparatus of any of the public buildings of the County shall
become disabled or any of such buildings or parts thereof shall be rendered
untennantable by reason of the sudden action of the elements or for some cause
due to explosion or fire or from generally unforeseeable events creating an
emergency, and the administrative head in charge of such building shall certify
in writing to the Deputy Director of Purchasing such emergency and the
necessity of immediate repair to the defect or defects, and such certificate of
necessity is approved by the County Executive, or (4) Whenever the machinery,
equipment or other apparatus of the Department of Public Facilities becomes
disabled or worn and requires immediate repair, making necessary the immediate
purchase of parts for repairs to the same, the Director of Public Facilities
shall certify in writing to the Deputy Director of Purchasing of the necessity
of such immediate repair and/or replacement and such certificate of necessity
is approved by the County Executive.
(d)
Upon the adoption of a resolution by a vote of at least two-thirds (2/3) of the
whole number of the Legislature stating that for reasons of efficiency and
economy, there is need for standardization, purchase contracts for a particular
type or kind of equipment, materials, and/or services in excess of the amount
fixed by the Legislature pursuant to Paragraph 1 of this section may be awarded
to the lowest responsible bidder furnishing the required security, if any,
after advertisement for sealed bids therefore in the manner provided by the
section. Such resolution shall contain
a full explanation of the reasons for its adoption.
(e)
Every effort shall be made to meet purchase requirements, without competitive
bids from the State Department of Corrections and charitable non-profit
agencies for the blind, incorporated under the laws of the State of New York,
and through the State Office of General Services. Where quality, price and delivery service is not satisfactory,
however, in the opinion of the Director of Finance, the above does not apply.
(f)
Surplus and second hand supplies, materials or equipment may be purchased
without competitive bidding from the Federal government, the State of New York
or from any other political subdivision or district.
(g)
Except as otherwise specifically provided, no supplies, materials or equipment
shall be delivered except as specifically ordered by the Division of
Purchasing. No supplies, materials or
equipment shall be delivered by such division to any administrative unit,
officer or employee except upon a requisition in writing.
(h) The Finance
Department shall not audit any bill for supplies, materials, equipment or
services unless it shall fully appear that such items or services were ordered
by the Deputy Director of Purchasing and the Purchasing Director has certified
the prices at which he made the purchases.
All requisitions received by the Deputy Director of Purchasing shall be
filed in the office and open to public inspection under reasonable regulations
for their safety and preservation. The
Deputy Director of Purchasing shall make no purchase until the Deputy Director
has first secured the certification of the Director of Finance that there are
unencumbered balances available for the purchase.
(i) No bid for materials, supplies, equipment or
services may be accepted from or contract therefore awarded to any person who
is in arrears in taxes or upon debt or contract to or with the County or who
has defaulted as surety or otherwise upon a contract or obligation to the
County, or who may be otherwise disqualified under any act of the State
Legislature not inconsistent with the Charter or Code.
Section 3.00D Department of
Information Technology Services
Section 3.03D Division of Communications
Section 3.00D Department of
Information Technology Services
There may be a Department of Information Technology Services and its director, who may hold the title of Chief Information Officer (CIO), shall be appointed by and serve at the pleasure of the County Executive. The Director of Information Technology Services shall have the power to appoint and remove such deputies, assistants and employees as shall be authorized by the County Executive. The Department of Information Technology Services shall be responsible for all centralized technology functions, including coordinating and overseeing all projects and duties related to all county technology systems regardless if owned or leased, information systems, network and communications infrastructure, and related functions. Such further duties include:
(a)
Establish and maintain the County’s
technology related policies and a technology strategic plan.
(b)
Responsible for recommending standards and coordinates, oversees and approves
all technology-related purchases regarding computer hardware, software, peripherals, connectivity, systems security, and disaster planning, ensuring
that all systems are compatible with overall county needs.
(c)
Responsible for recommending standards and coordinates and oversees all
technology-related purchases and operation of computer hardware, software,
peripherals and technology-related services.
(d) Responsible for maintaining, updating, operation and security of the County’s enterprise computing facilities.
(e) Coordinate efforts of County Departments in the automation of
functions and training of personnel in respect to Information Technology Systems.
The Division of Office Services may be directed by a Deputy Director of Office Services and shall provide a variety of services available to all County departments, including but not limited to central stores, mailing, printing, reproduction, and courier services. The Deputy Director of Office Services may:
(a)
Maintain and operate facilities for central mailing, collection and dispersal
of mail and courier service, except
for electronic mail.
(b)
Maintain and operate a print shop and reproduction facilities.
(c) Disperse and transfer supplies, materials and equipment in such Deputy’s custody among the administrative units upon receipt of properly executed forms.
(d)
Maintain storage facilities and appropriate records for all materials, supplies
and equipment related to office use. In
this connection, the Deputy Director will work closely with the Division of
Purchasing to determine office equipment needs, maintaining a record of the
location of all office equipment and indicating when replacements are needed or
standardization seems desirable.
(e)
Staff the central switchboard.
(f)
Coordinate service calls and repair work related to office equipment. Requests for such service will be channeled
to the Deputy Director who will arrange for repair or replacement.
(g) Maintain rules for Office Equipment - The Division of Office
Services will maintain a record for internal processing of all items with a
value in excess of $5000 for the County’s financial statements. Records will comply with applicable minimum
Governmental Accounting Standards Board (GASB) requirements and will work in
conjunction with the County’s approved Capital Assets Inventory System. Portable equipment will continue to be
identified as County Property.
Section 3.02D
Division of Records Management
The Division of Records Management
is responsible for the proper storage, maintenance and retrieval of County
records. The Division may be led by a
Records Management Coordinator who shall provide the following:
(a)
planning, development and oversight for a Records Center,
where the County stores permanent records and those with varying retention
schedules;
(b)
development and maintenance of a disaster recovery plan
for records;
(c)
consultation and advice to County department directors and
managers on the proper storage and retention of records in keeping with the New
York State Archives schedules;
(d)
Serve as the County’s official liaison on the Records
Advisory Board and work in conjunction with the County’s Records Management
Officer (RMO).
Section 3.03D
Division of Communications
The Division of Communications is
responsible for central voice/telephone services. This includes:
(a)
Responsibility for the operation and maintenance of all
County government telecommunications resources including but not limited to,
telephone and fax services;
(b)
Responsibility for the moves, adds and changes at
facilities and the oversight for maintenance agreements with outside vendors
for telecommunications-related services;
(c)
Responsibility for agreements for local and long-distance
services and the proper billing of such services to the user base;
(d)
Responsibility for the planning, procurement,
implementation, and maintenance of
Section 3.00E Department of
Human Resources- Organization
Section 3.02E Information and
Aid
Section 3.03E Personnel Roster
Section 3.04E Certification of
Payrolls
Section 3.05E Salary Plan
Section 3.00E Department of
Human Resources - Organization
There
may be a Department of Human Resources.
Its Director shall be appointed by the County Executive subject to
confirmation by the County Legislature.
The Director shall serve in accordance with State Law and shall have the
power to appoint such deputies, assistants and employees of the department as
may be necessary to implement the duties of the office and as shall be
authorized by the County Executive.
Section 3.01E Powers and
Duties of Director
Except
as otherwise provided in this Code, the Director shall be responsible for the
administration of personnel benefits, assisting in the negotiation of employee
contracts, training of personnel, health, safety, long range staff planning,
and all other personnel functions assigned by State law to County and municipal
civil service commission or personnel officer.
The
Director of Human Resources shall also be responsible for administering the
County’s affirmative action policy in accordance with the Civil Rights Act of
1964 as amended by the Equal Employment Opportunity Act of 1972 and as may be
further amended.
Section 3.02E Information and
Aid
It
shall be the duty of the head of each administrative unit of the county to
furnish the Director of Human Resources with such information and aid as such
Director may deem necessary in the performance of the duties of this office.
Section 3.03E Personnel Roster
The
Director of Human Resources shall establish and maintain a roster of all county
officers and employees. Such roster shall
show for each county officer and employee the date of appointment, the title of
the position, the rate of pay and rate changes, promotions, demotions,
transfers, and any other information the Director of Human Resources considers
necessary for a proper personnel record.
At least annually, the Director of Human Resources shall establish or
update, as part of the public records of the County, an organizational chart
for the County showing current areas of responsibilities and interrelationships
among the various agencies and offices.
Section 3.04E Certification of
Payrolls
No
payroll, estimate, or account providing for the payment of wages or salaries,
except for the Board of Elections payroll, shall be authorized for payment by
the Director of Finance unless it bears the certificate of the Director of
Human Resources that the persons named therein have been, during the period
specified, employed in their respective positions in accordance with law and
rules made pursuant to law.
Section 3.05E Salary Plan
The
Director of Human Resources will maintain and administer a job evaluation and
salary plan for county employees and periodically resurvey prevailing positions
and salaries and recommend amendments to eliminate inequities, recruiting
difficulties, and employee turnover problems.
Section 3.06E Labor
Negotiations
The
Director of Human Resources shall monitor performance of agreements with
recognized employee representatives concerning conditions of employment, wages,
employees’ sick leave, vacation, health insurance, retirement plans, and such
other matters as may come before the Director; counsel with department heads
and the County Executive as to employee/employer responsibilities and methods
for meeting individual problems; advise the County Executive regarding needed
changes in agreements and the impact of other proposed changes; and conduct
negotiations with employee representatives as designated by the County
Executive.
Section 3.00F County Historian
There
may be appointed, by the County Executive, a County Historian to serve at the
pleasure of the County Executive. The
County Historian shall collect and preserve material relating to the history of
the County; notify the County of any material of local historic value which
should be acquired for preservation; report annually, as provided by law, to
the County Executive and the State Historian, of the work accomplished in the
preceding year; coordinate the activities of local historians in towns and
villages within the County in performing the historical work recommended by the
State Historian and cooperate to the extent permissible with the Historical
societies and museums in the County in their efforts to obtain Charters and in
their other endeavors, prepare and present to the County Legislature a report
of the important occurrences within the County each calendar year, assist to
the extent permissible with individuals and groups in the effort to have
buildings or areas placed on the National Register of Historic places and such
other duties as may be now or hereafter be required by applicable law.
Upon
retirement or removal from office, the County Historian shall turn over to the
County Executive, the County Executive’s designee or the County Historian’s
successor, all materials gathered during the Historian’s incumbency and all
correspondence thereto relating.
(a)
Historical Advisory Board
There may be a Historical
Advisory Board, appointed by the County Executive subject to confirmation by
the County Legislature, to perform the duties as may be prescribed by the
County Legislature, County Executive, or law.
There
shall be a member of the County Executive’s Cabinet from the Public Facilities
branch of County government. Such
Cabinet member shall be appointed by the County Executive and shall serve at
the County Executive’s pleasure and shall be responsible for oversight of the
Department of Public Facilities, including
oversight over the County’s roads and bridges, landfill, airports, parks,
and County buildings and grounds.
Section 4.00 Department of
Public Facilities: Organization
Section 4.01 Powers and Duties
of Director
Section 4.02 Division of
Engineering
Section 4.03 Division of
Transportation
Section 4.04 Division of Solid
Waste, Airport, Buildings & Grounds, and Parks
Section 4.00 Department of
Public Facilities: Organization
There
may be a Department of Public Facilities.
Its Director shall be appointed by the County Executive. Such Director shall serve at the pleasure of
the County Executive and may also fill the position of one or more of the
department deputies. The department may
be organized into the following divisions, each of which may be headed by a
Deputy Director:
Division
of Engineering
Division
of Transportation
Division
of Solid Waste, Airport, Buildings & Grounds and Parks
Division
of CARTS
Section 4.01 Powers and Duties
of Director
The
Director of Public Facilities may delegate by designation to one or more
persons within the department the specific powers and the duties of a county
engineer or county superintendent of highways.
Such designations, setting forth the specific powers and duties granted,
shall be filed with the County Executive and Clerk of the Legislature. If the powers or duties so designated or
revoked are those which the Director of Public Facilities has as County
superintendent of highways, a duplicate of such written designation or
revocation shall be filed with the New York State Commissioner of
Transportation. The acts performed by
such persons pursuant to such designations shall have the same effect in law as
if performed by the Director of Public Facilities. Any professional engineering work required to be practiced by said
Director in the exercise of the powers and duties of the office shall be
delegated to one or more licensed professional engineers unless said Director
shall be a licensed professional engineer.
The Director of Public Facilities or designee:
(a)
May when authorized by the County Executive, employ such special engineering,
architectural or other technical counsel and incur such expenses as may be
necessary for the performance of any of the duties prescribed by this Code or
by Charter.
(b)
May contract, subject to the approval of the County Executive and the County
Legislature, with any public corporation, public authority or any combination
of the same for Public Facilities services.
(c)
Assist the County Executive or Purchasing Agent in the advertising and calling
for bids on the construction of any capital project of the County, when such
advertising and calling for bids is required, and further assist in the
preparation of specifications, and submit recommendations with respect to the
awarding of such bids to the County Executive.
(d)
Assist all administrative units in the preparation of and development of
information for their respective capital project requests, when such assistance
is requested.
(e)
File with the County Executive copies of statements and reports required to be
filed with the County Legislature and the State Department of Transportation by
the New York State Highway Law.
(f) May
with the approval of the County Executive and County Legislature, provide
mutual aid for highway projects and maintenance, or permit the rental, with or
without operator, of highway machinery tools, equipment and implements by the
County or by or from another governmental unit or public corporation, upon such
terms as may be agreed upon. All sums
obtained by the County pursuant to any terms agreed upon shall be deposited in
the County Road Machinery Fund.
Section 4.02 Division of
Engineering
(a)
The Division of Engineering may be headed by a Deputy Director who shall be
appointed on the basis of administrative experience and qualifications for the
duties of the office. Such Deputy
Director shall be licensed by the State of New York to practice professional
engineering, or shall possess the qualifications to become so licensed within
one year from the date of appointment and shall become so licensed within such
year to maintain eligibility.
(b)
Such Deputy Director shall (1) have charge and supervision of all personnel of
the Department of Public Facilities performing professional engineering,
surveying and related engineering services for the County; (2) upon the request
of the Director of Public Facilities, assign such personnel from the Division
of Engineering as may be needed by other Divisions of the Department of Public
Facilities to work on projects designated by such Director; (3) upon the
request of the County Executive or the Legislature, perform such professional
engineering, surveying and related engineering services as may be required by
other County administrative units; (4) supervise the design and construction of
all capital projects when any of such capital projects are designed and
constructed by (i) the Department of Public Facilities or other administrative
unit, (ii) by any other governmental unit or private contractor under contract
to the County, or (iii) any combination of (i) or (ii).
(c)
Such Deputy Director shall perform such other related duties and make such
reports as are required by the Director of Public Facilities. The cost of rendering specific services for
established agencies will be considered as a charge to such agency.
Section 4.03 Division of
Transportation
(a)
The Division of Transportation may be headed by a Deputy Director who shall
possess the administrative and highway engineering experience and
qualifications for the duties of office.
Said Deputy shall, to the extent that the Director of Public Facilities
shall designate the same in writing, have all of the powers and duties vested
in and imposed upon a county superintendent of highways or a county engineer by
the Highway Law. Such Deputy Director
shall have such other duties as may be prescribed by local law, ordinance or
resolution of the Legislature or by direction of the Director of Public
Facilities.
(b)
Except as the provisions of the Highway Law conflict with or are changed by the
Charter or this Code, such provisions shall apply to and define the powers,
duties obligations and liabilities of the Director of Public Facilities, or of
the designated deputy when exercising any of the powers or performing any of
the duties of a County superintendent of highways.
(c)
The Deputy Director shall be responsible for maintaining and operating
transportation related facilities for which the County is responsible,
including the airports.
Section 4.04 Division of Solid
Waste, Airport, Buildings & Grounds and Parks
The
Division of Solid Waste, Airport, Buildings & Grounds and Parks may be
headed by a Deputy Director who shall possess the administrative qualifications
for the duties of the office. Such
Deputy Director shall be responsible for coordinating all County interests in
drainage, flood control, forestry, air pollution, sanitation, sewerage, water
supply, solid waste management, parks and the County Airports, including the
management of such related facilities as designated by the County
Executive. The cost of rendering
specific services for established agencies whose principal function relates to
these matters will be considered as a charge to such agency. Such Deputy
Director shall provide assistance to Sewer Districts created in accordance with
County Law Article 5-A when requested by the Intermunicipal Services Director
and the Sewer District Board(s).
Such Deputy Director shall also have charge of the maintenance of all buildings and grounds owned or leased by the County for County purposes, except, custodial care of the County Jail, and such other facilities where maintenance and custodial care are included in the lease. The Deputy Director shall have charge and control of all janitors, caretakers, engineers and any other employees connected