This Charter shall become effective immediately upon adoption
by the Tompkins County Legislature.
Except as may otherwise be provided in this Charter, all existing
state, County, local, and other laws or enactments having the force
of law shall continue in force until lawfully amended, modified, superseded,
or repealed.
Any proceedings or other business undertaken or commenced prior
to the effective date of this Charter may be conducted and completed
by the County unit responsible therefor under this Charter.
A vacancy, otherwise than by expiration of term, in the offices
of County Judge, District Attorney, Sheriff, and County Clerk shall
be filled by an elector of the County who is qualified for the responsibilities
of the office and who shall be appointed if permitted by state law.
The term of such persons so appointed shall extend until January 1
of the calendar year next succeeding the first general election after
the vacancy occurs if the vacancy occurs before September 20 of any
year. If the vacancy occurs on or after September 20 of any year,
then the term of such person so appointed shall extend until January
1 of the second calendar year next succeeding the first general election
after the vacancy occurs, at which election a County Judge, District
Attorney, Sheriff, or County Clerk, as the case may be, shall be elected
for the remainder of the unexpired term, if any.
Except as otherwise provided in this Charter or the Code, a
vacancy in the office of the head of any administrative unit, the
head of which by provisions of this Charter the County Administrator
shall have the power to appoint or remove, shall be filled by a person
who shall be appointed on the basis of administrative experience and
qualifications appropriate to the duties of such office by the County
Administrator, subject to confirmation by the Tompkins County Legislature.
Except as otherwise provided in this Charter, the head of any administrative
unit shall have the power to fill vacancies occurring within such
administrative unit pursuant to the Civil Service Law.
Except as otherwise provided by this Charter or the Code, every
board, the members of which are appointed, shall be an advisory board.
The members of such boards shall be appointed for such terms as are
or may be provided in this Charter or applicable law.
All contracts entered into by the County shall be executed in
the manner provided in this Charter or as directed by the Tompkins
County Legislature.
All County department heads shall annually designate in writing,
and in order of succession, the deputies (or in the absence of officially
designated deputies, the employees of the department) who shall possess
the powers and perform the duties of the principal in the event of
the latter's absence from the County or inability to perform or exercise
the powers and duties of the office. Such designation, except those
department heads elected on a County-wide basis, shall be approved
by the Tompkins County Legislature following review by the appropriate
committee of the Legislature and shall be filed with the Clerk of
the Tompkins County Legislature. Such designation may be changed at
any time by the principal's presenting a new written designation and
order of succession to the appropriate committee and the County Legislature
for approval and filing. The acting principal shall continue to have
all the powers and perform all the duties of the office until the
principal resumes the duties of the office, or until a successor is
elected or appointed, or until further action is taken by the Tompkins
County Legislature. The County Administrator shall forward to the
Tompkins County Legislature for review, approval, and annual designation
by resolution the order of succession, for performance of duties when
an officer is absent from work.
The civil service status and rights of all County employees
and their beneficiaries, including but not limited to those with respect
to retirement and social security, shall not be affected by the adoption
of this Charter. Appointment of all County employees must be in accordance
with Civil Service Law. Any County officer appointed by the County
Administrator or Tompkins County Legislature, except as otherwise
provided by state law, may be removed after receipt of written notice
from the appointing authority and in accordance with Civil Service
Law provisions. A copy of such written notice shall be filed in the
offices of the Commissioner of Human Resources and the Clerk of the
Tompkins County Legislature.
All positions in all departments, offices, institutions, and
agencies of the County are in the classified service of the Civil
Service except:
No function, facility, duty, or power of any city, town, village,
school district, or other district, or of any officer thereof, is
transferred, altered, or impaired by this Charter.
The Tompkins County Legislature shall determine and provide
for any necessary matters involved in the implementation of this Charter
in Tompkins County.
The courts shall take judicial notice of this Charter and of
all local laws, legalizing acts, resolutions, codes, and regulations
adopted or promulgated pursuant to this Charter.
If any provision of this Charter or the Code shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, or invalidate the remainder thereof but
shall be confined in its operation to the particular provisions involved.
This Charter and the Code shall be liberally construed to achieve
its objectives and purposes.
This Charter may be amended by local law, subject to referendum
when so provided by the Municipal Home Rule Law.
If any provision of this Charter or the Code is not clear or
requires elaboration in its application to the County, the Tompkins
County Legislature may interpret such provision in a local law not
inconsistent with the provisions of the Municipal Home Rule Law. Where
any question arises concerning the implementation of this Charter
or the Code that is not provided for herein, the Tompkins County Legislature
may provide for such transition by a local law not inconsistent with
the provisions of the Municipal Home Rule Law.
At least every 10 years after the adoption of this Charter,
the Tompkins County Legislature shall consider the appointment of
a Charter Review Commission or a special Charter Review Committee
to review the Tompkins County Charter and make recommendations for
revisions thereof.
