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NEWYORK STATE DEPARTMENT OF STATE 41 STATESTREET Local Law Filing ^mBm FILE n (Use this form to file a local law with the Secretary of State.) QQJ n 7 Text of law should be given as amended. Do not include matter being jnpt use italics or undertining to indicate new matter. & STATF • • B County • City Cortland • Town • Village 04 Local Law No. .12 of the year 20 ^ A local law ^ Loca\ Law Creating an Exception to the Residency Requirement for Assistant f/nsert Titte) Public Defender Positions for Cortland County Be it enacted bythe Legislature (Name ofLegislative Body) — — m County ^ City , f Cortland 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.) ^ . I hereby certify that the iocai law annexed hereto, designated as local law No. of 20 ^ of the (County)(CTit^')(Town)(Villago) of was duly passed by the Legislature on September 22. pn jp 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*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Vil[age) of was duly passed by the " on 20 , and was {approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duiy adopted (Elective Chief Executive 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)(Town)(Village) of _ _ ^ _ — _ _ _ _ _ ^ was duly passed by the on 20 and 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 (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 hereto, 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 of Legislative 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 ChiefExecutive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, ifthere be none, the chairperson ofthe 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-239 (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 ofthe qualified electors ofsuch city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) 1 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 Eiection 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 majority of the quaiified 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.) i further certify that I have compared the preceding locai law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph _J above. yn ^ Clerk ofthe county legislative body, Oity, Town or Vlllagft Clark or officerdesignated by local legislative body (Seal) Date: 0ch^-d^ 2^00^ (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEWYORK COUNTYOF Cortland I, the undersigned, hereby certify thatthe foregoing local lawcontains the correctt^xt^nd thatall p/qper^roceedingsjiave been had or taken for the enactment of the local law annexed hereto. County Srty^^ Cortland Towfl" Villagp Date DOS-239 {Rev. 05/05) Page 3 of 3 ---PAGE BREAK--- Adopt Local Law No. 4 of the Year 2005: A Local Law Creating an Exception to the Residency Requirement for Assistant Public Defender Positions for Cortland County Section I . Preface: It is a strong desire of the Cortland Coimty community to install Cortland County residents in the position of Assistant Public Defender 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 perform 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 Public Defender of Cortland Coimty. This Law will permit Cortland County to alleviate the problem of staffing and recmitment by permitting Cortland County to solicit candidates for the office of Assistant Public Defender from the Coimties contiguous to Cortland County in the event of an inability to recmit a sufficient number of qualified candidates from within Cortland County for this position. Sections. Authority of Cortland County to Hire Applicants for the Position of Assistant Public Defender for Cortland County from Contiguous Counties to Cortland County: Upon receipt of a written request from the Public Defender, to consider non-Cortland County residents for the position of Assistant Public Defender, 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 Public Defender with an approval/denial to hire a non-Cortland County resident. Upon receiving the Persormel Officer's approval, the Public Defender shali be authorized to consider and hire applicants who are residents from any contiguous Coimties to Cortland County to the position of Assistant Public Defender. 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 fiie 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 i T t day of September 2005. Clerk of the Cortland County Legislature