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Tompkins County, NY
 
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Table of Contents
Table of Contents
Code
New Laws (4) Index
The Tompkins County Legislature shall be the elective governing body of the County. The elected County Legislators shall, when lawfully convened, constitute the legislative, appropriating, governing, and policy-determining body of Tompkins County.
The mission of the Tompkins County Legislature is to collectively meet the needs of our residents and communities and to realize the Legislators' articulated vision. County government may perform those functions not provided as well by individuals, the private sector, other levels of government, or the not-for-profit sector. County activities will be designed to protect and enhance the lives of the County's diverse residents and communities in ways that are compassionate, ethical, and creative within the limits of what residents financially support.
To this end we will:
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Allocate fiscal resources consistent with our vision, goals, policies, and community needs.
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Foster open and honest communication among governments and County residents and employees. County government will initiate dialogue on the community needs, the appropriate role of County government, and level of satisfaction with the County's direction, initiatives, and services.
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Create and implement policies that:
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Enhance the economic opportunity and well-being of all County residents.
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Safeguard the health, safety, and rights of our residents and employees.
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Protect the natural environment for future generations and maintain the built environment.
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Prevent the need for more costly future services.
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Encourage and support programs that:
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Achieve the County's goals.
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Deliver needed services.
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Serve vulnerable populations.
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Strengthen families and communities.
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Enhance quality of life.
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Operate a well-run organization by:
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Using a well-trained, diverse workforce of employees, qualified contractors, and volunteers.
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Providing adequate personnel, financial, facility, and informational support to approved programs.
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Producing a balanced budget that supports the County's vision, mission, and goals and maintains appropriate reserves for future uncertainties.
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Carrying out the mandates of state and federal governments.
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Acting as a resource and partner for other local governments.
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Responding flexibly and responsibly to emerging needs and changing mandates.
County Legislators shall be elected at general elections in odd-numbered years commencing with 1969, for a term of four years dating from January 1st of the year next following their election.
County Legislators, at the time of their nomination and election and throughout their term of office, shall be and remain electors of the County of Tompkins qualified to vote in general elections in the districts they represent.
The Board of Elections of the County of Tompkins shall be the judge of such qualifications of the members of the Legislature, and for that purpose shall have the power to subpoena witnesses, take testimony and require the production of records. Decisions made by the Board of Elections in the exercise of powers granted by this section shall be subject to review by the courts.
The Tompkins County Legislature shall be composed of not less than 11 and not more than 19 members elected from single-member districts.
When a vacancy occurs on the Tompkins County Legislature it shall be filled at a special election according to the following schedule:
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If a vacancy on the Tompkins County Legislature shall occur on or before August 15 of any year, such office shall be filled for the remainder of the unexpired term at a special election in the district of said office.
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In the event that such vacancy shall occur after August 15 but before September 20 of any year, such vacancy shall be filled at the next general election.
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If a vacancy occurs September 20 or later in a year that is not the last year of the expiration of the Legislator's term of office, such office shall be filled for the remainder of the unexpired term at a special election in the district of said office.
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In the event that a vacancy occurs September 20 or later in a year that is the last year of the Legislator's elected term, the winner of the general election for said office shall fill the vacancy for the remainder of the unexpired term.
Special elections are to be called by the County Legislature as soon as practicable and, in any event, to be held not later than 85 days from the date of such vacancy. Notice of a special election called hereunder shall be in the manner provided for in the Election Law for notice of a general election. To the maximum extent feasible, the provisions of the Election Law governing the conduct of a special election shall apply. It shall be the duty of the Board of Elections to prepare ballots, voting machines, and other matters so that such election may be properly held and conducted. Notwithstanding any law to the contrary, the expenses of a special election conducted pursuant to this section shall be borne by the County.
[Amended 12-1-2020 by L.L. No. 2-2020]
The Tompkins County Legislature, at an organizational meeting on or before January 8 each year, shall elect from its membership a Chair and Vice Chair. Unless a vacancy occurs, the Chair and Vice Chair shall serve until the subsequent organizational meeting.
In the event of a vacancy, the Tompkins County Legislature shall fill the office of Chair or Vice Chair in the manner provided by its rules.
The Tompkins County Legislature shall be the legislative, appropriating, governing, and policy-determining body of the County and shall supervise the implementation of its policies through the County Administrator. The Legislature shall operate according to procedures contained in the Rules of the Tompkins County Legislature, which it shall develop and may from time to time amend. Except as may otherwise be provided in this Charter, it shall have and exercise all the legislative powers and duties now or hereafter conferred or imposed by state law or this Charter upon a Board of Supervisors or a legislative body of a County, and all powers and duties necessarily implied or incidental thereto. Among such powers and duties, but not by way of limitation, it shall:
(a) 
Make appropriations; levy taxes, incur indebtedness and adopt the County budget;
(b) 
Adopt and periodically revise a fiscal policy;
(c) 
Enact, amend, or repeal local laws, legalizing acts or resolutions; and provide for the administrative implementation thereof;
(d) 
Adopt by resolution any necessary rules and regulations for its own conduct and procedure;
(e) 
Annually designate by resolution the succession of members of the Legislature to serve in the absence of the Chair and Vice Chair;
(f) 
Legalize and validate by legalizing act any act had or taken in connection with a lawful municipal purpose by a governing board or other body, officer, or agency of a local municipality wholly within the County in the manner provided in the County Law, which generally deals with minor good-faith errors or emergency situations;
(g) 
By local law amending this Charter, create, alter, combine, or abolish units of County government not headed by elective officers;
(h) 
Establish or abolish positions of employment and the titles and labor grades thereof. No County employee may be appointed unless to fill a position of employment authorized by the Tompkins County Legislature;
(i) 
Evaluate periodically the performance of the County Administrator, Director of Finance, County Attorney, Clerk of the Legislature, and any such other community servant who serves at the pleasure of the Legislature;
(j) 
Appoint or confirm, as the case may be, such officers and employees as provided by this Charter;
(k) 
Fix by resolution the compensation and hours of work of all officers and employees paid from County funds, except that the compensation of any official whose salary is governed by state law for the term of office shall not be increased or decreased during the term of office except as permitted by state law;
(l) 
Authorize contracts for goods and services on behalf of the County;
(m) 
Fix by resolution the compensation to be paid from County funds to individuals rendering service to or on behalf of the County, but who are not officers or employees of the County;
(n) 
Establish by resolution the method for the correction of manifest clerical or other errors or omissions in assessment rolls or returns thereof as authorized by law;
(o) 
Fix the amounts of bonds of officers and employees paid from County funds;
(p) 
Conduct studies and investigations in furtherance of its legislative functions, and in connection therewith obtain professional and technical advice; appoint lay committees, commissions, and boards and approve the bylaws thereof; subpoena witnesses; and require the production of books, papers, and other evidence necessary or material to such studies or investigations; and administer oaths;
(q) 
Determine and fix, on or before the first day of December in each year, equalization rates, after receiving recommendations supplied by the Director of Assessment;
(r) 
Designate one or more depositories located within the County or as designated by the Tompkins County Legislature for the deposit of moneys received by the County, which shall meet the requirements for such depositories provided in the County Law and in the County's Investment Policy;
(s) 
Grant by resolution to all officers and employees of the County pursuant to contract designation or otherwise vacation, sick leaves, compensatory time, leaves of absence, and other benefits as deemed appropriate, and adopt rules and regulations in relation thereto.
When appointment of County employees or members of boards requires confirmation by the Tompkins County Legislature, confirmation shall be by affirmative vote of a majority of the whole number of members of the Tompkins County Legislature, taken at a regular or special meeting.
The Chair of the Tompkins County Legislature, in addition to the powers and duties conferred or imposed upon a chairman of a county legislative body by applicable law, shall:
(a) 
Appoint to serve during the term of office of the Chair of the Legislature, the chairs and members of all committees of the Tompkins County Legislature;
(b) 
Authorize any member of the Tompkins County Legislature to attend any convention, conference, school, or other function for the betterment of County government, within the appropriations therefor. All necessary and actual expense in connection therewith shall be paid from County funds;
(c) 
Appoint as needed a Special Negotiating Committee, of not less than three members, to conduct collective negotiations with recognized employee organizations. Such appointments shall be subject to approval of the Tompkins County Legislature, except that the membership of such Committee shall include a member of the Tompkins County Legislature, the County Commissioner of Human Resources, and the County Administrator, or a designee of the County Administrator.
[Amended 12-1-2020 by L.L. No. 2-2020]
In the absence of the Chair, the duties of the Vice Chair shall include all duties and functions of the Chair, excluding the appointment of the members of the standing committees.
The Vice Chair shall receive no additional remuneration unless they shall act as Chair in excess of 30 consecutive days after assuming the duties of Chair. Thereafter, the Vice Chair shall receive the salary of the Chair of the Legislature, it being understood that the Chair's salary will be reduced to that of a County Legislator until the Chair resumes the duties of Chair.
(a) 
Upon publication of the result of the federal decennial census for Tompkins County, the Tompkins County Legislature shall:
(1) 
Appoint an Independent Redistricting Commission, which shall consist of nine (9) members.
(2) 
Adopt a detailed charge to the Commission that sets forth the principal constitutional, statutory, and policy considerations for the Commission's deliberations, along with a deadline for the submission of the Commission's report.
(3) 
Make available to the Commission the important perspectives of the County Attorney and the Board of Elections.
(4) 
Provide the Commission with adequate professional, administrative, and budgetary support to carry out its responsibilities.
(5) 
Encourage the use of public hearings, web sites, and media releases to underscore the importance of transparency in Commission proceedings.
(b) 
The Commission:
(1) 
The Chair of the Commission shall be appointed by the Tompkins County Legislature and Vice Chair elected by the Commission.
(2) 
The County Administrator shall designate appropriate staff to assist the Commission in its work.
(3) 
No currently serving elected municipal official, officer of any political party, or officer of any political committee shall be appointed as members of the Commission.
(4) 
The members of the Commission shall be County residents, registered voters, and shall be knowledgeable about Tompkins County, its municipalities, and about government and electoral processes.
(5) 
Members of the Commission must be willing to work cooperatively and in a nonpartisan manner to prepare a reapportionment plan that is fair and unbiased.
(6) 
Members of the Commission will develop the reapportionment plan in the manner described in, and consistent with, the charge given by the County Legislature.
(c) 
Upon receipt of such plan, the County Legislature may return it to the Commission for further consideration of particular issues or accept it as the final plan.
(d) 
Upon receipt of the final plan, the County Legislature shall adopt a plan of reapportionment that shall be the basis for nomination and election of the Tompkins County Legislature until the publication of the next decennial census.
The Tompkins County Legislature shall, in approving a plan of reapportionment, be guided by the goal of equality of representation consistent with the policies of the State Legislature as interpreted by the courts of appropriate jurisdiction.
Factors to consider are:
Minimization of the population variance among districts;
Compactness of districts;
Practicable consistency with existing municipal boundaries and neighborhoods within Tompkins County; and
Balance and reasonableness of representation for the diversity of citizens residing in all parts of the County.
The Chair of the Tompkins County Legislature shall, within 30 days after election of Chair, appoint from among the membership of the Tompkins County Legislature the chairs, vice chairs, and members of the standing committees of the Legislature. The committees shall be no fewer than five nor more than eight in number, dealing with the main areas of legislative policy, including but not limited to administration, finance, budget, personnel, planning, economic development, public works, environmental quality, human services, health services, public safety and correction, education, consumer protection, climate adaptation, and facilities. Such committees shall meet regularly to consider policy and make legislative recommendations to the Tompkins County Legislature within their respective categories of County government functions. Special committees may be appointed as deemed necessary. All committees may from time to time, subject to approval by the Tompkins County Legislature, direct the County Administrator or other County staff to assemble information to aid them in developing policy.
The Tompkins County Legislature shall endeavor to ensure that its appointments to advisory boards include persons with relevant skills and also to reflect insofar as possible the culturally diverse population of Tompkins County.
The Tompkins County Legislature shall appoint a Clerk of the Legislature who shall be directly responsible to, and serve at the pleasure of, said Legislature. The Clerk shall be responsible for the day-to-day administration of the office of the County Legislature, and perform such other and related duties as may be conferred or imposed by the Tompkins County Legislature. The Clerk shall appoint such Deputy Clerk(s), assistants, and employees of the office as shall be authorized by the Tompkins County Legislature. The appointment of Deputy Clerk(s) shall be subject to confirmation by the Tompkins County Legislature.
The Legislature may adopt, amend, and repeal local laws by not less than a majority vote of the total number of its members pursuant to the provisions of the Municipal Home Rule Law. 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 the Municipal Home Rule Law, the County may change, supersede, or amend any act of the State Legislature.
The Tompkins County Legislature may adopt, amend, and repeal resolutions by not less than a majority vote of the total number of its members, in the manner provided by the Rules of the Tompkins County Legislature. Each resolution shall embrace only one subject and may relate to property or any other subject of County concern not required by this Charter or other applicable laws to be provided by local law. Resolutions shall not be subject to referenda.
The Tompkins County Legislature may adopt, amend, and repeal legalizing acts by not less than a majority vote of the total number of its members, in the manner provided for in the County Law. Each legalizing act shall embrace only one subject.
The Tompkins County Legislature may by resolution establish a petty cash fund, in such amount as it may determine, for any officer, division, or department of County government. Expenditure from a petty cash fund may be made only for payment of bills or claims in advance of audit by County procedures as established by the Tompkins County Legislature. Such expenditures from petty cash funds shall be subject to limitations as defined in applicable law. The County Finance Director shall reimburse to such petty cash fund, from the appropriate budgetary item or items, the amount so audited and approved. The County Finance Director at any time may require the official responsible for the use of the petty cash fund to account for the moneys in such fund.
The Seal of the County of Tompkins shall be the Seal of the Tompkins County Legislature. Such Seal shall be used for all authorized and required purposes.
When any member of a board, commission, committee, agency, or authority, holding office by appointment of the County Legislature or the Chair of the County Legislature, fails to attend three consecutive regular meetings of such board, commission, committee, agency, or authority, unless such absence is for good cause and is excused by the chairman or other presiding officer thereof, or, in the case of such chairman or other presiding officer, by the Chair of the Legislature, the office may be deemed vacant by action of the appointing authority for the purposes of the nomination and appointment of a successor.