Tompkins County, NY Article 1 Government of Tompkins County

§ C-1.00 Title and purposes.

This Charter, and all subsequent amendments hereto, shall constitute the form of government for the County of Tompkins and shall be known and cited as the "Tompkins County Charter." The genesis of the County Charter is in the State Constitution. Article 2, § 1(h), provides that counties are empowered to adopt "alternative forms of county government."[1] The Municipal Home Rule Law implements that provision of the Constitution. Section 33 of the Municipal Home Rule Law provides that a county can adopt a charter that shall "set forth the structure of the County Government and the manner in which it is to function."

Among the purposes of this Charter are to secure to the people of the County of Tompkins maximum self-government through the exercise of home rule powers granted under the Constitution and laws of the State of New York, to achieve through the exercise of such home rule powers the establishment and operation of an efficient and responsible County government, and to separate County legislative and executive functions.

[1] Editor's Note: See Constitution of the State of New York Art. IX, § 1(h).

§ C-1.01 Continued status and powers.

The County of Tompkins 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 this Charter or applicable law, together with all rights, privileges, functions, and powers necessarily implied or incidental thereto.

§ C-1.02 Effect of Charter and the Code on state law.

The Charter provides a form and structure of County government in accordance with the provisions of the Municipal Home Rule Law of the State of New York, and all special laws relating to Tompkins County and all general laws of the State of New York shall continue in full force and effect to the extent that such laws have not been repealed, amended, modified, or superseded in their application to Tompkins County by enactment and adoption of the Charter. Within the limitations prescribed in said Municipal Home Rule Law, wherever and whenever any state law, general, special, or local in effect, conflicts with the Charter and the Code or is inconsistent therewith, such conflict or inconsistency is to be superseded by the Charter and the Code insofar as the County of Tompkins and its government are affected.

This Charter may not supersede an act by the New York State Legislature which:

(a) Relates to the imposition, judicial review, or distribution of taxes or benefit assessments;

(b) Relates to the education system or to a school district;

(c) Requires that functions of government be performed by or financed by units of local government, except where such functions by the state are transferred to other units of local government;

(d) Relates to a function of the state which is financed by the state;

(e) Relates to the commencement or prosecution of actions or proceedings against the County;

(f) Relates to a public authority;

(g) Is a provision of law contained in the Municipal Home Rule Law, Civil Service Law, Eminent Domain Procedure Law, Environmental Conservation Law, Election Law, Executive Law, Judiciary Law, Labor Law, Local Finance Law, Multiple Dwelling Law, Multiple Residence Law, Public Authorities Law, Public Housing Law, Public Service Law, Railroad Law, Retirement and Social Security Law, State Finance Law, Volunteer Firefighters' Benefit Law, Volunteer Ambulance Workers' Benefit Law, or Workers' Compensation Law.

§ C-1.03 Effect on local laws and resolutions.

All laws, legalizing acts, and resolutions of the County presently in force shall remain operative except where inconsistent with this Charter.

§ C-1.04 Definitions.

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

(a) "Act" or "act" shall mean a local law, resolution, or legalizing act heretofore or hereafter adopted by the Tompkins County Legislature;

(b) "Acting" shall mean a person designated to carry out duties of the office during the period when there is no incumbent or when incumbent is not able to carry out the duties;

(c) "Board," except as otherwise provided herein, shall mean a body of persons appointed in the manner herein provided for the purpose of studying and advising on matters of continuing County interest;

(d) "Capital project" shall mean any of the following when first acquired or constructed:

(1) Any physical public betterment, improvement, or replacement or any appraisal, report, study, plan, and specification relative thereto; or

(2) Land or rights in land; or

(3) Any machinery, apparatus, or equipment for any physical public betterment or improvement; or

(4) Furnishings in connection with any physical public betterment or improvement; or

(5) Any combination of the above;

(e) "Charter" shall mean this Charter adopted by and for the County of Tompkins and all amendments thereto;

(f) "Code" shall mean the County local laws as codified;

(g) "Commission" shall mean a body of persons appointed in the manner herein provided for the purpose of investigating, studying, or reporting on matters of County interest, except as otherwise provided in this Charter;

(h) "Committee" shall mean a body of persons appointed in the manner herein provided for the purpose of investigating, studying, or reporting on matters of County interest, except as otherwise provided in this Charter;

(i) "County" shall mean the County of Tompkins;

(j) "County Administrator" shall mean the County Administrator of Tompkins County, as fully provided in Article 3 of this Charter;

(k) "Department" shall mean each of those administrative units of the County government set forth in Articles 4 through 29 of this Charter;

(l) "Deputy" shall mean a County officer authorized by his or her principal to exercise delegated discretionary powers and duties;

(m) "Division" shall mean a unit within a department or office of an appointed or elected officer;

(n) "Emergency medical services (EMS)" shall mean those emergency medical services provided outside of a hospital or medical clinic, including initial on-scene medical treatment and transport;

(o) "Encumbrance" shall mean a written statement of incurred liability signed by the head of an administrative unit of County government, or the administrative unit's authorized agent, setting forth the nature and amount of liability, or an estimate thereof if the exact amount is unknown, and the appropriation against which it is chargeable in the manner provided by § 362 of the County Law;

(p) "Enterprise Activity" is one that covers its expenditures by generating income through fees, program income, grants, and/or additional sources of revenue; with exceptions to be decided by the Legislature to meet occasional challenges or opportunities;

(q) "Legalizing act" shall mean a legislative act, not subject to referendum, which legalizes and validates any act taken in connection with a lawful municipal object or purpose by the governing board or other local body, officer or agency of a municipality wholly within the County, in the manner and under the conditions prescribed in the County Law, as amended, or other applicable law;

(r) "Local law" shall mean a law adopted pursuant to this Charter within the power granted by the Constitution of the State of New York, an act of the State Legislature or a provision of this Charter, but shall not include legalizing acts or resolutions;

(s) "Officer" shall mean a person in the County government who has authority to exercise some portion of the sovereign power either in making, executing, or administering the laws;

(t) "Qualified elector" shall mean a person qualified to cast a ballot in a County election;

(u) "Quorum" shall mean a majority of the total number of a duly constituted body as if there were no vacancies and no persons disqualified from voting;

(v) "Referendum" shall mean a referral to the voters for decision. A mandatory or permissive referendum is defined in New York State County Law and New York State Municipal Home Rule Law;

(w) "Reserve for bonded debt" shall mean a fund authorized or required by law to be established and maintained for the purpose of amortizing the bonded indebtedness of the County;

(x) "Resolution" shall mean a legislative act other than a local law or legalizing act adopted pursuant to this Charter, but not subject to referendum.

§ C-1.05 County Seal.

The Tompkins County Seal shall consist of an American bald eagle, whose body faces forward with head turned to the eagle's left, with wings widespread and claws outstretched. In the eagle's right claw is a bunch of arrows and in its left an olive branch. Rising above the eagle's head and between its wing tips are three arcs of stars numbering five, seven and eight respectively, for a total of 20 stars representing the number of states in 1817, the year of the founding of Tompkins County. Framing the above eagle, arrows, olive branch and stars is one narrowly spaced smaller concentric circle, and one widely spaced larger concentric circle. In the arc portion between the small circle and the larger circle are 13 stars representing the 13 original colonies. In the arc portion above the eagle, between these same circles are the words, in uppercase lettering, TOMPKINS COUNTY. These words extend from right of the eagle's right wing tip to the left of the eagle's left wing tip.