The elective legislative body of Ulster
County is and shall be the County Legislature of the County of Ulster.
A.
Effective at the general election of 2011,
the County of Ulster shall be divided into 23 legislative districts,
from each of which shall be elected one person to be a member of the
County Legislature. Such persons while holding office shall be known
as "Legislators."
B.
The term of office of the members of the County
Legislature shall be two years beginning on the first day of January
next following their election at the general election held in every
odd-numbered year.
C.
No person shall serve as a County Legislator for more than
six full terms, unless he or she has filled an unexpired term prior
thereto. For the purpose of establishing the term limit, term of office
shall be calculated beginning the first day of his or her first full
term of office after the effective date hereof.
[Added 7-16-2019 by L.L.
No. 4-2019]
A.
Each member of the County Legislature shall,
at the time of the Legislator's nomination and election and throughout
the Legislator's term of office, be and remain a qualified elector
and resident of the district from which the Legislator is elected,
except that for an election immediately following the reapportionment
of County legislative districts, the incumbent County Legislator representing
a district redrawn in such reapportionment shall be eligible for nomination
for election in either his or her district of residence or any newly
drawn district which is contiguous to his or her district of residence,
provided that the County Legislator shall become a resident of the
district represented no later than one year after taking office.
B.
No County Legislator shall hold at the same
time any other elective public office.
A.
A Commission on Reapportionment shall be established pursuant
to this section. It shall meet as soon as practicable after the availability
of data from each decennial census to evaluate existing legislative
districts to the maximum extent practicable pursuant to the process
established herein and reapportion them as necessary to meet established
standards in state and federal law for equal and fair representation
of all people in Ulster County, keeping districts compact and contiguous
while taking also into account existing town, city, village and election
district boundaries, defining geographic features, and equal population
within applicable law, but giving no consideration to providing advantage
to one or another political party. This Commission shall consist of
seven members who are County residents, are registered to vote in
Ulster County, represent the geographic and demographic diversity
of Ulster County, and are not currently, nor have been for the three
years preceding the formation of the Commission, elected officials,
employees of New York State, Ulster County or any town, city or village
in that County, or members or officers of any political committee.
B.
To establish a pool from which Commission members will be
appointed, the County Executive shall, no later than June 1 of each
year ending in zero, commence the process for widely soliciting interest
in serving on the Commission through such as direct mail and e-mail,
contact with civic groups, public service announcements on radio and
television and in daily and weekly newspapers, paid advertisement
and announcement on the County website. A report of the process and
a list containing the names of the people in the pool of candidates
qualified to serve as members of the Commission shall be submitted
to the Clerk of the County Legislature no later than September 1 of
each year ending in zero.
C.
Initial appointments to the Commission on Reapportionment
from the pool of interested parties gathered in this manner shall
represent the demographic and geographic diversity of the County and
shall be made no later than January 1 of each year ending in "1" with
two members appointed by the Legislature's majority leader and two
members by the Legislature's minority leader.
D.
_____
(1)
The four appointed Commissioners shall select the additional
three Commission members from the previously established pool no later
than January 15 of each year ending in "1" and shall represent the
geographic and demographic diversity of the County. In the event that
all of the three additional Commission members are not appointed by
the prescribed January 15 deadline, the appointment of the initial
four members and additional members appointed by the four Commissioners
will no longer have force and effect, and these members will no longer
be eligible to serve on the Commission on Reapportionment.
(2)
The majority and minority leaders will then make new appointments, other than any previously selected who could not agree on the selection of the three additional members, in the manner prescribed in Subsection C above no later than February 1 of each year ending in "1." The four newly appointed members will appoint three additional members as set forth above by February 15 of each year ending in "1." In the event that all of the three additional Commission members are not appointed by the prescribed February 15 deadline, the appointment of the initial four members and additional members appointed by the four Commissioners will no longer have force and effect, and these members will no longer be eligible to serve on the Commission on Reapportionment.
(3)
The majority and minority leaders will then make new appointments, other than any previously selected who could not agree on the selection of the three additional members, in the manner prescribed in Subsection C above but no later than March 1 of each year ending in "1."
(4)
In the event that these four Commission members fail to select all of the three additional members by March 15 of each year ending in "1," then by April 1 of each year ending in "1," the three additional members of the Commission shall be selected by a drawing of names from a receptacle containing the names of the remaining members of the pool of interested parties that the four Commissioners have agreed by majority vote meet the criteria set forth in § C-10A of this Charter. The four newly appointed members shall verify that the receptacle contains the names of all remaining members of the pool of interested parties. The County Clerk shall draw three names from the receptacle containing the names of all of the remaining interested parties. If the four newly appointed members determine that any one of the three additional members together with the four appointed members thus selected do not represent the criteria set forth in § C-10A of this Charter, the process shall be repeated with respect to the number of additional members to be appointed. The rejected members shall not be placed back in the receptacle. This process shall be repeated until a majority of the four members determine that the three additional members together with the four appointed members represent the criteria set forth in § C-10A of this Charter. The three names thus selected shall constitute the three additional members of the Commission on Reapportionment.
(5)
A vacancy in any Reapportionment Commission shall be filled
in the manner that the vacant position was originally filled. A vacancy
shall be filled no later than 15 days from the date of the vacancy.
E.
The first meeting of the Commission shall be convened by
the County Executive no later than 15 days after it is fully appointed/or
the purposes of receiving its charge and determining how a Chairperson
will be selected. The Commission shall decide at its first meeting
by majority vote of the entire membership of the Commission if it
will have a Chairperson and Vice Chairperson by election or a Chairperson
by rotation.
(1)
Chairperson and Vice Chairperson by election.
(a)
The Commission shall elect a Chairperson and Vice Chairperson
at its first meeting by majority vote of the entire membership of
the Commission. The Chairperson and/or the Vice Chairperson may be
removed from his/her seat by a two-thirds vote of the entire membership
of the Commission. A vote for removal of the Chairperson and/or Vice
Chairperson may be called by any member of the Commission. A vote
for removal from the seat of Chairperson or Vice Chairperson is not
a vote for removal from the Commission.
(b)
In the event of a vacancy in the seat of Chairperson
or Vice Chairperson the vacancy shall be filled by a majority vote
of the entire Commission immediately thereafter, but in no event shall
it be later than at its next scheduled meeting immediately following
the vacancy.
(2)
Chairperson by rotation. The position of Chairperson shall
rotate each meeting. The position shall rotate among the Commissioners
in alphabetical order by surname commencing with the Commissioner
whose surname begins with the letter appearing earliest in the alphabet.
A Commissioner may elect to not sit as the Chairperson, in which event,
the Chair shall move to the next Commissioner in the rotation. Should
a Commissioner elect to not serve as Chairperson at any point during
the rotation, this decision shall not result in the forfeiture of
future turns to serve as Chairperson.
F.
Powers and duties of the Commission; hearings; submissions
and approval of the plan.
(1)
Following each decennial census, the Commission shall divide the County into 23 single member districts as set forth in § C-8 of this Charter for the election of County Legislators. The Commission shall be solely limited to creating district boundary lines delineating each of the 23 legislative districts. The Commission shall have no power or authority to increase or decrease the number of legislative districts as that power and authority shall vest solely with the Ulster County Legislature, Ulster County Executive and the electorate pursuant to the Ulster County Charter and § 23 of Municipal Home Rule Law. The Commission shall be guided by the criteria set forth in § C-10A of the County Charter.
(2)
To the maximum extent practicable, each of the 23 single member legislative districts shall be created, taking into consideration § C-10A of this Charter.
(3)
The Commission shall hold one or more public hearings on
or prior to May 20 of each year ending in "2" and shall make its draft
plan available to the public for inspection and comment not less than
10 days before such public hearing.
(4)
The Commission shall prepare and adopt, by majority vote,
a final plan for reapportionment and file its plan with the Ulster
County Board of Elections on or before July 20 of each year ending
in "2."
(5)
The Commission's reapportionment plan shall have the force
and effect of law and shall be deemed the reapportionment plan of
the County Legislature commencing with the general election in the
year ending in "3."
(6)
The Ulster County Board of Elections shall make adjustments
as may be necessary and appropriate to comply with the adopted plan.
G.
The County Legislature shall appropriate such funds as it
deems are necessary for the Commission to effectively conduct its
business. The expenditure of such funds shall be under the sole control
and discretion of the Commission subject to the provisions set forth
in this Charter and applicable federal, state, and local laws.
H.
The Reapportionment Commission shall be dissolved on the
day following the general election in years ending in "3."
A.
The County Legislature shall be the legislative,
appropriating and policy-determining body of the County and, as such,
shall have and exercise all powers and duties now or hereafter conferred
upon it by applicable law and any and all powers necessarily implied
or incidental thereto, and all the powers assigned to it
by the Ulster County Charter and restricted as therein provided. Among
such powers and duties, but not by way of limitation, it shall have
the power:
(1)
To make appropriations, levy taxes, incur
indebtedness and adopt a budget, including a capital program;
(2)
To exercise all powers of local legislation
in relation to enacting, amending, or rescinding local laws, legalizing
acts, local laws, or resolutions;
(3)
By local law to adopt, amend or repeal an
Administrative Code which shall set forth the details of administration
of the County government consistent with the provisions of the Charter
and which Administrative Code may contain revisions, simplifications,
consolidations, modifications and restatements of special laws, local
laws, resolutions, rules and regulations consistent with the Charter
or amendments thereto;
(4)
By local law to create, alter, combine or
abolish County administrative units;
(5)
To adopt by resolution all necessary rules
and regulations for its own conduct and procedure;
(6)
Subject to the Constitution and general laws
of the State of New York, to fix the number of hours constituting
a legal day's work for all classes of County employees and, upon recommendation
of the County Executive, grant to the department head the power to
stagger work hours;
(7)
To grant by resolution to officers and employees
of the County vacations, sick leaves, compensatory time and leaves
of absence, with or without pay, and adopt rules and regulations in
relation thereto;
(8)
To fix the compensation of all officers and
employees paid from County funds or, for employees not covered by
a collective bargaining agreement, to establish salary ranges within
which the appointing authority shall have discretion to set the actual
salary within the range;
(10)
To fix the amount of official bonds and undertakings
of officers and employees;
(11)
To conduct studies and investigations in furtherance
of its legislative functions and, in connection therewith, to obtain
and employ professional and technical advice, appoint citizens' committees,
commissions and boards, subpoena witnesses, administer oaths, and
require the production of books, papers and other evidence deemed
necessary or material to such studies or investigations. A subpoena
issued under this section shall be regulated by the Civil Practice
Law and Rules together with any state or federal laws or rules that
may be applicable. The subpoena shall not extend to disclose the identity
or jeopardize the safety of victims, confidential informants, witnesses,
and undercover officers or operatives;
[Amended 8-14-2012 by L.L. No. 9-2012[3]]
[3]
Editor’s Note: This local law was approved at referendum
by a majority of the duly qualified voters 11-6-2012.
(12)
To create and establish the office of deputy
or deputies to the head of any department, agency, or administrative
unit;
(13)
To determine and make provision for any matter
of government not otherwise provided for, including, but not by way
of limitation, any necessary matter involved in the transition to
the Charter form of government;
(14)
To determine and fix real property tax equalization
rates among the various taxing districts of the County for County
purposes consistent with standards prescribed by the Legislature of
the State of New York and file the same in accordance with applicable
law;
(15)
To approve the execution of all contracts and change orders in the amount of $50,000 or in excess of
$50,000 entered into by the County, except that:
(a)
The Director of Purchasing shall have the authority
and discretion to extend existing contracts and execute same, as well
as recurring types of services, including, but not limited to: New
York State Office of General Services contracts, piggyback contracts,
mandated/preferred source, sole-source, and utility contracts. The
Director of Purchasing shall provide a report to be annexed to the
abstract of contracts, for reporting purposes only, setting forth
those contracts that he or she has executed, and a copy of which shall
be filed with the County Executive and the Clerk of the Legislature.
(b)
The Director of Purchasing shall review and approve all contracts $50,000 or in excess of $50,000 as to the content and compliance with requirements for municipal purchasing, and present each contract to the County Legislature for the County Legislature's approval. Upon the approval of a contract by the County Legislature, the Director of Purchasing shall present the contract to the County Executive for approval. Upon the approval of the contract by the County Executive, the Director of Purchasing shall have the authority to execute the contract as provided in § C-74B(2) in the County Charter.
[Amended 5-14-2013 by L.L. No. 1-2013]
B.
No current or former County Legislator may be appointed
or confirmed by the Ulster County Legislature or Chairman of the Legislature
to any paid office or paid position of employment with the County
of Ulster within one year after his or her service as a County Legislator
has ended, with the exception of the Office of Commissioner of the
Board of Elections.
C.
If a vacancy occurs in the office of the District
Attorney, Sheriff, County Clerk or Treasurer of the County of Ulster
otherwise than by expiration of the term, the vacancy shall be filled
by the Governor of the State of New York pursuant to § 400(7)
of County Law of the State of New York, except the office of Treasurer,
which shall expire December 31, 2008, and shall become the office
of Commissioner of Finance.
[Added 8-14-2012 by L.L. No. 9-2012[1]]
There shall be an Audit Committee consisting of seven
members. The Chairman of the Legislature or his/her designee will
serve on and chair the committee and will appoint two additional members,
at least one of whom must be a County Legislator; the minority leader
will appoint two members, at least one of whom must be a County Legislator;
the County Executive or designee; the Comptroller or designee. The
County Executive and the Comptroller shall be nonvoting members. It
shall take the affirmative action of three out of the five voting
members to act.
A.
The Audit Committee shall:
(1)
Select the independent auditor to perform the annual audit of the
books and records of the County;
(2)
Select the independent auditor in a fashion consistent with the County's
existing procurement policy, and the Audit Committee shall consult
with the Director of Purchasing in this respect; and
(3)
Report the independent auditor's findings to the Legislature, County
Executive and County Comptroller.
[1]
Editor’s Note: This local law was approved at referendum
by a majority of the duly qualified voters 11-6-2012.
A.
There is hereby assigned to the Chairman of the Ulster
County Legislature the following specified administrative powers and
duties on behalf of the Ulster County Legislature and his or her performance
thereof:
(1)
To become familiar with the proper functions and fiscal
matters of the County.
[Amended 6-10-2009 by L.L. No. 5-2009]
(2)
To authorize attendance by Legislators or legislative
staff, including appointees of the Legislature, at conferences, conventions,
and schools for the betterment of County government, including the
right to determine which conferences, conventions, and schools and
who may attend, and that all persons traveling out of the County on
County business be and hereby are required to have attached to their
voucher for expenses when presented for audit a completed approval
form signed by the Chairman authorizing such travel.
(3)
To execute and deliver any contracts authorized by
law and by the County Legislature, which are not within the powers
of the County Executive as set forth in the Ulster County Charter.
(4)
To appoint members of boards, commissions and advisory
committees, except where such appointments are required to be made
by the County Legislature or the County Executive under state or federal
law or the Ulster County Charter.
(5)
To refund taxes pursuant to § 556 of the
Real Property Tax Law.
(6)
To direct the cancellation of taxes pursuant to § 558
of the Real Property Tax Law.
(7)
Except as otherwise provided by the Ulster County
Charter, perform such other administrative duties as the Legislature
determines to be necessary
A.
Except as otherwise provided by the Ulster
County Charter, every local law, legalizing act, or resolution adopted
by the County Legislature, except legislative branch appointments
not otherwise subject to County Executive approval and resolutions
establishing rules and regulations or other matters pertaining solely
to the conduct of the Legislature, shall be certified by the Clerk
of the Legislature and submitted within five days after passage to
the County Executive for the County Executive's approval in writing.
B.
If the County Executive approves the local
law or resolution, he or she shall sign it and return it to the Clerk
of the County Legislature; it shall then be deemed to have been adopted.
If he or she disapproves the local law or resolution, he or she shall
veto it by returning it within 10 days to the Clerk with his or her
objections stated in writing, or 30 days in the case of a local law.
Any resolution not returned within 10 days, or 30 days in the case
of a local law, will be deemed to have been adopted. The Clerk shall
present the local law or resolution with the County Executive's objections
to the County Legislature at its next regular meeting, and these objections
shall be entered in the Legislature's record, journal or minutes of
proceedings.
C.
Within 30 days after such receipt and entry,
the County Legislature may reconsider such vetoed enactment and pass
the same over the objections thereto by a favorable vote of at least
2/3 of the whole number of its elected members on a roll-call vote.
A.
Adoption, amendment and repeal. The County
Legislature may adopt, amend and repeal local laws by a majority vote
of the total number of its members. Each local law shall embrace only
one subject and may relate to property, affairs or government of the
County, or any other subject of County concern. In the exercise of
such power, and within the limitations provided by Article 4 of the
Municipal Home Rule Law, the County may change, supersede or amend
any act of the State Legislature.
B.
Procedure. Except as may otherwise be provided
in the Charter, all procedural details relating to the adoption, amendment
and repeal of local laws, including the conduct of referenda in connection
therewith, shall be as provided in the Administrative Code or applicable
law.
C.
Referenda. Local laws shall be subject to
mandatory or permissive referenda when required by the Charter or
applicable law.
D.
Effective date. Every local law shall become
effective when filed in the office of the Secretary of State of the
State of New York, or on such later date as may be provided in the
local law.
A.
Adoption, amendment and repeal. The County
Legislature may adopt, amend and repeal resolutions by a majority
vote of the whole number of its members. Each resolution shall embrace
only one subject and may relate to property or any other subject of
County concern not required by the Charter or applicable law to be
provided by local law. Resolutions shall not be subject to referenda.
B.
Procedure.
[Amended 8-19-2014 by L.L. No. 2-2014]
(1)
Upon
being submitted for consideration, resolutions approving the execution
of contracts and contract amendments in excess of $50,000 entered
into by the County for public services shall include supplemental
information, including but not limited to the following:
(a)
Written
justification on why the legislation is being proposed;
(b)
A
list of any County positions or titles being added or eliminated;
(c)
The
specific financial impact, including any related cost savings comparisons;
(d)
The
environmental impact, if any, of said resolution/contract;
(e)
Financial
implications on current budget, if any, of said resolution/contract;
(f)
Contracts;
and
(g)
State
aid award letters.
(2)
Supplemental
information submissions shall be limited to contracts or projects
receiving 50% or more of County funding and does not apply to contracts
that are pass-through contracts with state and federal funding.
(3)
Supplemental
information submissions shall not apply to professional service contracts
for independent contractors, such as doctors, engineers, accountants,
legal services, etc.
(4)
Except as otherwise provided in the Charter, all procedural details
relating to the adoption, amendment and repeal of resolutions shall
be as provided in the Administrative Code or applicable law.
[Amended 8-14-2012 by L.L. No. 9-2012[2]]
A proposed appointment or proposed appointments
to County office by the County Executive that requires confirmation
by the County Legislature under provisions of the Charter shall be
presented by the County Executive to the Clerk of the Legislature
in writing in sufficient time to allow the Clerk to inform the full
Legislature of the proposed appointment or appointments at least 30
days prior to the Legislature's next scheduled meeting. The Legislature
shall vote on the confirmation of such individual at its next regular
meeting at least 30 days after such nomination has been made by the
County Executive. If the Legislature fails to vote upon the proposed
appointment or appointments, the proposed appointment or appointments
shall be deemed confirmed. When an appointment is not confirmed by
the Legislature, but such appointment was considered at a regular
meeting of the Legislature, the appointment of the same individual
for the same position may not be resubmitted by the County Executive
for 12 months after the Legislature votes upon the proposed appointment.
Members of all citizens' committees, commissions and boards appointed pursuant to § C-11K of the Charter shall serve at the pleasure of the County Legislature. They shall serve without compensation other than for actual and necessary expenses within appropriations made therefor, unless otherwise provided by resolution of the County Legislature. The Chairman of the County Legislature shall be a member ex-officio of all such committees, commissions and boards.
A.
The organizational meeting of the County Legislature
shall be conducted on or before the second Tuesday of January in each
year, at the time and place designated in a written notice to be given
each Legislator by the Clerk of the County Legislature not later than
five days prior to such meeting. In the event of a vacancy in the
office of the Clerk of the County Legislature, or his or her inability
or failure to act in accordance with the provisions of this section,
notice shall be given by the County Clerk. In that event,
the County Clerk shall determine the time and place designated in
a written notice to be given by the County Clerk to each Legislator,
the County Executive, the Clerk of the County Legislature, and the
County Attorney not later than three days prior to such meeting. Public
notice of such meeting shall also be given by the County Clerk at
the same time written notice is given to the public officials referenced
herein.
B.
At this organizational meeting, the members
of the Legislature shall select a Chairman at the call of the Clerk
of the Legislature in each year. 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.
C.
In the event of vacancy in the office of Chairman,
the County Legislature shall fill that office in the manner provided
by its rules. Should the County Legislature fail to select a Chairman
within 30 days after that office shall become vacant for any reason,
the County Executive shall appoint a member of the County Legislature
to serve as Chairman for the balance of the calendar year.
The County Legislature shall fix by
rule the time and place of its regular meetings, which shall be conducted
at least once each calendar month. No prior notice of such meetings
shall be required. Special meetings may be conducted at such times
and places and upon such conditions and notice to all members as the
County Legislature by rule may provide.
During the first organizational meeting
for each new County Legislature, a Clerk of the County Legislature
shall be appointed by resolution by the County Legislature, and such
appointed Clerk shall serve for the duration of the appointing Legislature’s
term. In the event of vacancy, the Legislature shall appoint by resolution
a new Clerk of the Legislature. The removal of the Clerk shall only
be done by resolution with a favorable vote of at least 3/5 of the
whole number of the Legislature. Deputy Clerks and employees of the
Legislature shall be appointed in accordance with the Rules of Order
of the Legislature.
A.
Appointment. There shall be a Counsel to the
Legislature who shall be appointed by the Chairman of the Legislature.
At the time of his or her appointment, and throughout his or her 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
or she shall be appointed on the basis of his or her legal experience
and other qualifications for the responsibilities of this office.
He or she shall be directly responsible to the Chairman of the Legislature
and shall serve at the pleasure of the County Legislature.
B.
Duties. The Counsel to the Legislature shall
prepare local laws, resolutions, legalizing acts or other legislation
or memoranda and opinions regarding these and perform other duties
as required and assigned by the Chairman of the Legislature.
C.
Minority Counsel. There shall also be a Minority
Counsel who shall be an attorney at law licensed to practice law in
the State of New York and who shall generally provide legal advice
and assistance to the members of the County Legislature belonging
to the political party holding the second largest number of seats
in the Legislature. He or she shall be selected by that party's caucus
and shall serve at the pleasure of said caucus.
[Amended 8-14-2012 by L.L. No. 9-2012[2]]
[2]
Editor’s Note: This local law was approved at referendum
by a majority of the duly qualified voters 11-6-2012.
D.
To advise the Legislature, the Legislature may retain Special Counsel where it deems it necessary notwithstanding the provisions of § C-72 of the County Charter.
[Added 8-14-2012 by L.L. No. 9-2012[3]]
[3]
Editor’s Note: This local law was approved at referendum
by a majority of the duly qualified voters 11-6-2012.
A vacancy in the County Legislature
shall be filled by appointment by the County Legislature of a qualified
elector residing within the district no later than 30 days from the
time at which the vacancy occurs. If the appointment is not made within
30 days, a special election shall be conducted to fill the vacancy
within 90 days after the vacancy occurs; provided, however, that if
there is a scheduled general election within 120 days after said vacancy
occurs, the vacancy shall be filled at that general election. A person
who fills a vacancy, if appointed or elected at a special election,
shall serve until commencement of the calendar year next succeeding
the first general election after the happening of the vacancy at which
a successor may be elected, and the vacancy shall be filled at such
election for the unexpired term. A person elected at a general election
to fill a vacancy shall serve out the remainder of the term for that
seat.
