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Local Law Filing New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www.dos.state.ny.us/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ^county DCity DTown DVillage C J ^ ^ ' R E I O J ^ O S (Select one:) of Cortland a Local Law No. Two of the year 2010 A local law ^ Providing for the Term of Office For the Position of Cortland (Insert Title) County Administrator Be it enacted by the Legislature of the (Name of Legislative Body) x]County • C i t y (Select one:) of Cortland Town •Village as follows See Attached: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-0239-f-l (Rev. 02/10) Page 2 of 4 ---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.) I hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Village) of on (Name ofLegislative Body) provisions of law. 20 of 20 of was duly passed by the , in accordance with the applicable 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I 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 on 20 (Name of Legislative Body) (repassed after disapproval) by the on 20 (Elective Chief Executive Officer*) , in accordance w ith the applicable provisions of law. , and was (approved)(not approved) and was deemed duly adopted 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. Cortland the(CountY)(City)(Town)(Villag3) of Cortland County Legislature of 20 10 of on was duly passed by the September 1 2019 . was (approved)(not approved) (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^mandator^(pcrmi33ivO') referendum, and received the affirmative vote of a majority ofthe qualified electors voting thereon at the(fgeneraj)(3ptsciQl)(annuQl> election held on November 2 20^Q , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I 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 on 20 , and was (approved)(not approved) 20 . Such local (Name of Legislative Body) (repassed after disapproval) by the on (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 of a 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-0239-f-l (Rev. 02/10) Page 3 of 4 ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) I 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 ofa majonty ofthe 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 pursuant to subdivisions 5 and 7 of section 33 ofthe Municipal Home Rule Law, and having received the affirmative vote of a majonty 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. (Ifany other authorized form of final adoption has been followed, please provide an appropriate certification.) I 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 of such onginai local law, and was finally adopted in the manner indicated in paragraph. 2> above. ^ Clerk of-the countyTegislative body. City, Town or Village Clerk or officer designated by local legislative body (Seal) Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEWYORK COUNTY OF C o e r L A K A l b I, the undersigned, hereby certify that the foregoing local law contains the correct text^and thaJLalLP'^oper proceedings have been had or taken for the enactment of the local law annexed hereto. , ^ Signature Title County ^ of Clo^ Tewn W l a § ^ Date: DOS-0239-f-l (Rev. 02/10) Page 4 of 4 ---PAGE BREAK--- ON MOTION OF MR. PACE RESOLUTION NO. 279-10 Adopt Proposed Local Law No. 2 for the Year 2010 Providing for the Term of Office of County Administrator WHEREAS, proposed Local Law No. 2 for the year 2010 provides for the term of office of the Cortland County Administrator, and said local law was introduced at a Special Legislative Session held on September 1, 2010; and WHEREAS, said Local Law has been in its final form upon the desks of the members of the Legislature at least seven calendar days, exclusive of Sunday, prior to this date; AND WHEREAS, a public hearing thereon has been held before this Legislature after publication of notice thereof as required by law; NOW THEREFORE, BE IT RESOLVED, that proposed Local Law No. 2 for the year 2010 is hereby adopted, and this proposed Local Law being subject to mandatory referendum, the Clerk of the Legislature is hereby directed to transmit to the Cortland County Board of Elections the form of the ballot proposition which shall be submitted for the approval of the electors of Cortland County at a general election on November 2, 2010; and be it further RESOLVED, that the proposed Local Law No. 2 for the year 2010 shall become operative only if approved at such election by the affirmative vote of a majority of the qualified electors of Cortland County voting upon the proposition, and upon filing as required by law; NOW, THEREFORE, BE IT ENACTED by the Legislature ofthe County of Cortland, as follows: Local Law No. 2 of 2010 A Local Law Providing for the Term of Office for the Position of Cortland County Administrator BE IT ENACTED by the Legislature ofthe County of Cortland, as follows: Section 1. Definitions As used in this local law, the following terms shall mean and include: 1. "County" - the County of Cortland, State of New York ---PAGE BREAK--- 2. "Local Law" - a law adopted by the County Legislature pursuant to this local law or other act ofthe County Legislature in accordance with the provisions of the New York State Municipal Home Rule Law. 3. "County Act" - a local law or resolution adopted by the County Legislature. Section 2. County Administrator Office Created and Continued Pursuant to the provisions of the Municipal Home Rule Law, the position of Cortland County Administrator was established by the Cortland County Legislature by Local Law No. 7 of the year 2002, and as amended by Local Law No. 3 of the year 2003, which provided that the County Administrator be appointed by the County Legislature for a fixed term of office not to exceed four years. The Cortland County Legislature desires to fix the term of the County Administrator in accordance with §23 of the Municipal Home Rule Law. All provisions of Local Law No. 7 of the year 2002 and Local Law No. 3 of the year 2003 shall remain in full force and effect except as modified herein. Section 3. County Administrator Term of Office A. The term of office of the County Administrator shall be up to four years from and including the first day of January. Successors shall be appointed for terms up to four years each. B. Vacancies occurring otherwise than by expiration of term shall be filled by appointment by the County Legislature for the unexpired portion of the term. C. Every County Administrator appointed for a fixed term may hold over and continue to discharge the duties of his/her office after the expiration of his/her term until his/her successor is chosen and has qualified, but after the expiration of such term the office shall be deemed vacant for the purpose of choosing a successor. All provisions of Public Officers Law §5 not inconsistent with this local law shall apply. D. At least six months prior to the end of the County Administrator's term of office, the County Legislature shall determine if it wishes to advertise and seek applications for the position or to reappoint the incumbent Coimty Administrator. The County Administrator shall receive written notification of either decision. If it is the wish of the County Legislature to seek applications for the position of County Administrator, the Chairman of the County Legislature shall appoint a Selection Committee. Section 4. No Divestiture of Powers or Duties of the County Legislature ---PAGE BREAK--- Nothing contained in this local law shall operate or be constructed to divest the Cortland County Legislature or any of its powers or duties. Section 5. Separability of Provision If any clause, sentence, paragraph, subdivision, section or part of this local law be adjudged by any court or competent jurisdiction to be invalid, such judgment, decree, or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, subdivision, section, or part thereof directiy involved in the controversy in which such judgment, decree or order shall have been rendered. Section 6. Ballot Proposition Upon the adoption of this local law the Clerk of the County Legislature is hereby directed to transmit, forthwith, to the Cortland County Board of Elections, the form of the ballot proposition to be voted upon on the November ballot in substantially the following form: "Proposition No. 1, submitting a local law for the year 2010 to the electors of the County of Cortland, to be held on the day of November, 2010. Shall there be approved and adopted in the County of Cortland, New York, a local law entitled 'A local law providing for the term of office for the position of County Administrator', as enacted by the Cortland County Legislature on September 1, 2010." Section 7. Effective Date This local law shall take effect immediately upon filing with the Secretary of State after approval by a majority of the electors voting thereon in accordance with the requirements of Municipal Home Rule Law §27. STATE OF NEW YORK) SS: COUNTY OF CORTLAND ) This is to certify that I, the undersigned. Clerk of the Cortland County Legislature, have compared the foregoing copy with the original now on file in this office, and that the above actions were passed by the Cortland County Legislature on the day of September, 2010 and that the same is a correct and true transcript of such actions taken. IN WITNESS WHEREOF I have hereunto set my hand and the official seal ofthe CORTLAND COUNTY LEGISLATURE, this day of September, 20^ Jeremy D. Boylan, Clerk ofthe Legislature Cortland County