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NEWYORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ^^BANY, NY 12231 (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 itaiics or underlining to indicate new matter. B County • City Cortland • Town • Village 02 Local Law No. of the year 20 9^ A local law ^ Local Law Creating an Exception to the Residency Requirement for Correction (Insert Title) Officer Titles for Cortland County Be it enacted bythe Legislature (Name ofLegislative Body) County ° City „f Cortland as follows: • 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 loca! law annexed hereto, designated as local law No. J l i of 20 ^ of the (County)(City)(Town)(Villag9) of was duly passed by the Legislature on September 22, ?n 05 , in accordance with the applicable (Name ofLegislative 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)(Village) of was duly passed by the " on 20 , and was (approved)(not approved) (Name ofLegislative Body) (repassed afterdisapproval) by the and was deemed duly 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 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 (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 eiectors 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.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County) (City) (Town) (Vil I age) of was duly passed by the on 20 .and was (approved)(nct 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 ChiefExecutive Officer means or inciudes the chiefexecutive 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-239 (Rev, 05/05) Page 2 of 3 ---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 of a majority ofthe qualified efectors ofsuch city voting thereon at the (specia!)(general) election held on 20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the locai 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 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. (Ifany other authorized form offinal adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the origina! on file in this office and that the same is a correct transcript therefrom and of the whole of such original locai law, and was finally adopted in the manner indicated in paragraph 1 above. Clerk of the county legislative body, City, Town or Villago Clorlic or officerdesignated 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 COUNTYOF Cortland I, the undersigned, hereby certify that the foregoing local iaw contains the^pcifrect text and j)^tal/pro^er^i:oc^edings have been had or taken for the enactment of the local law annexed hereto. County Gity^^ Cortland Date: DOS-239 {Rev. 05/05) Page 3 of 3 ---PAGE BREAK--- Adopt Local Law No. 2 of the Year 2005: A Local Law Creating an Exception to the Residency Requirement for Correction Officer Titles for Cortland County Section 1. Preface: It is a strong desire of the Cortland County community to install Cortland County residents in the position of Correction Officer 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 Correction Officer of Cortland County. This Law will permit Cortland County to alleviate the problem of staffing and recmitment by permitting Cortland Coimty to solicit candidates for the office of Correction Officer from the Counties 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 Correction Officer Titles for Cortland County from Contiguous Counties of Cortland County: Upon receipt of a written request from the Sheriff of Cortland County to consider non-Cortland Coimty residents to fill Correction Officer titles, the Personnel Officer shall review the applicants (eligible list, transfers, and/or applications from a vacancy or exam posting) for said vacancy and provide the Sheriff with a written determination as to whether or not the Sheriff may hire a non- Cortland County resident. Upon receiving the Personnel Officer's approval, the Sheriff shall be authorized to consider and hire applicants who are residents from any contiguous Counties to Cortland County to Correction Officer titles. 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 of the 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 of the Cortland County Legislature