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NEW YORK STATE DEPAR^M^t^NOf'S^KATE Local Law Filing HV 12231 _ f OCT 0 7 2005 (Use this form to file a local law with the Secretary of Stat^iIISCELLAN50US & STATE RECORDS Text of law should be given as amended. Do not include matter being eiiminated and do not use italics or underlining to indicate new matter. B County • City Cortland • Town • Village Local Law No. of the year 20 91. A local law ^ Local Law Creating an Exception to the Residency Requirement for Assistant f/nsert me) District Attorney Positions for Cortland County Legislature (Name ofLegislative Body) a County ° C'*yof 9 ^ asfollows: • Town • Village (If additional space is needed, attach pages the same size as this sheet, and number each.) DoS'239 (Rev. 05/05) Page 1 of 3 ---PAGE BREAK--- (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1, (Final adoption by local legislative body only.) ^ 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 ^ of the (County)(City)(Tcwn)0/illaga) of was duly passed by the Legislature on September 22. ?n 05 , in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) 1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the cn 20 , and was (approved)(not approved) (Name ofLegislative Body) (repassed afterdisapproval) by the and was deemed duly adopted (Eiective ChiefExecutive Officer*) on 20 , in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(TQwn)(Village) of was duly passed by the on 20 ,andwas(approved)(notapproved) (Name of Legislative Body) (repassed after disapproval) by the on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on 20 ^ in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) 1 hereby certify that the local law annexed herelo, designated as locai law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name ofLegislative Body) (repassed after disapproval) by the on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor ofa city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-233 (Rev. 05/05) Page 2 of 3 ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) 1 hereby certify that the local law annexed hereto, designated as local law No of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuantto subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) t further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and ofthe whole ofsuch onginal iocal law, and was finally adopted in the manner indicated in paragraph 1 , above. ^7 LMyi£ct^ Clerf< of the county legislative body, Gity, Town orVilloge Oloiit or officer designated by local legislative body (Sea/j Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEWYORK COUNTYOF 'Portland the undersigned, hereby certify that the foregoing local law contains^the correct text and tl^at^l/roper have been had or taken for the enactment ofthe local law annexed hereto. Title County ©rtr^f Cortland ToWH ' Date: DOS-239 (Rev. 05/05) Page 3 of 3 ---PAGE BREAK--- Adopt Local Law No. 3 of the Year 2005: A Local Law Creating an Exception to the Residency Requirement for Assistant District Attorney Positions for Cortland County Section 1. Preface: It is a strong desire of the Cortland County commumty to install Cortland County residents in the position of Assistant District Attomey of Cortland County. It is a strong belief of Cortland County that Cortland County residents are knowledgeable about and concemed with the affairs of Cortland County. As has been recognized by the Courts, we believe that a resident of our County has a stake in the life of this community that is not necessarily shared by a non-resident. A resident is more likely to be familiar with local problems, conditions and needs, and is better qualified to perfonn the duties of the relevant office in question. DeHond v. Nyquest; (65 Misc. 2d 526, 529-530, 318 NYS2d (1971). At the same time, however, the complexity and breadth of Cortland County Govemment present a challenge with respect to staffing and recmitment. We recognize that the pool of candidates from which we draw in our County is responsible and caring, however, it is sometimes difficult to staff an office from the pool in Cortland County. This law is being passed based upon the existence of the residency requirement in Public Officer's Law § 3. Section 2. Purpose: It is the purpose of this Local Law to confirm the commitment of Cortland County to hire residents who have the necessary qualifications and skills to meet the requirements of the position for Assistant District Attomey of Cortland County. This Law will permit Cortland County to alleviate the problem of staffing and recruitment by permitting Cortland County to solicit candidates for the office of Assistant District Attomey from the Counties contiguous to Cortland County in the event of an inability to recmit a sufficient number of quaiified candidates firom within Cortland County for this position. Sections. Authority of Cortland County to Hire Applicants for the Position of Assistant District Attorney for Cortland County from Contiguous Counties to Cortland County: Upon receipt of a written request from the District Attomey, to consider non-Cortland County residents for the position of Assistant District Attomey, the Personnel Officer shall determine if all the recmitment efforts have been adequately pursued, including soliciting applicants from the Cortland County Bar Association, and provide the District Attomey with an approval/denial to hire a non-Cortland County resident. Upon receiving the Personnel Officer's approval, the District Attomey shall be authorized to consider and hire applicants who are residents from any contiguous Counties to Cortland County to the position of Assistant District Attomey. Section 4: Effect: This Local Law shall take effect upon filing pursuant to the provisions of Article 3 § 27 Municipal Home Rule Law. STATE OF NEW YORK } COUNTY OF CORTLAND } This is to certify that I, the undersigned, Clerk of the Cortland County Legislature of the County of Cortland have compared the foregoing copy of resolution with the original resolution now on file in this office, and which was passed on the 22"** day of September 2005 and that the same is a correct and true transcript of such original resolution and ofthe whole thereof, IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the CORTLAND COUNTY LEGISLATURE, this 22^ day of September 2005. Clerk ofthe Cortland County Legislature