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io Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET, ALBANY, NY 12231 '>BRtf!TWeNT OF STATE lusJ 1- E 0 DEC 2,7 2002 (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 no italics or underlining to indicate new matter. S " ' ^ , i ^ S r ^ ^ ^ S ^ ^ ° & STATE RECORDS Local Law No. -I ofthe year 2Q.S)2. A local law EataWisMn^-.The.PXfice. (Insert Title) .CQuntX-Oi..C.OJCWand Be It enacted by the ...Le^IatUEe. ofthe (Name of Legislative BoJy) County of C0JC.Uej).d. as follows: (If additional space is needed, attach pages the same si2e as this sheet, and number each.) DOS-239 (Rev. 11/99) ---PAGE BREAK--- Proposed Local Law No. 7 ofthe Year 2002 A local law establishing the office of County Administrator for the County of Cortland Be it enacted by the Legislature of the County of Cortland as follows: SECTIONL Legislative Intent The Personnel Committee having found that increased direction, control and coordination of County govemmental functions would provide a more efficient administration ofthe various departments and agencies of Cortland County. The County of Cortland is being increasingly required to administer various programs which are either unfunded or not adequately funded by the State and Federal governments. Such mandates, together with the revenue constraints of the County, requires the best administration possible. It is the purpose and intent of this local law to provide administrative assistance to the Cortland County Legislature, in order to provide uniformity in the day-to-day handling and management ofthe County affairs. It is not the purpose or intent of the Cortland County Legislature in the adoption of this local law to curtail, diminish, transfer or divest the Legislature of Cortland County of any of its funcdons, powers or duties. SECTION 2. Appointment, Term Of Office A. There shall be a County Administrator who shall be directly responsible to the County Legislature and, on behalf of the County Legislature, shall perform the functions of a chief administrative officer, with the County Legislature retaining the final ---PAGE BREAK--- administrative authority. The position of County Administrator shall be unclassified for Civil Service purposes. B. The County Administrator shall be appointed by the County Legislature. The County Administrator shall serve at the pleasure ofthe County Legislature. SECTION 3. Qualifications A. At the time of appointment the County Administrator shall have the following training and/or experience. 1. Graduation from a regionally accredited college or university, or one accredited by the New York State Board of Regents to grant degrees, with a Master's Degree in Public Administration or Business Administration and four years of paid full-time experience in the field of public or business administration; OR 2. Graduation from a regionally accredited college or university, or one accredited by the New York State Board of Regents to grant degrees, with a Bachelor's Degree in Public Administration or Business Administration and six years of paid full-time experience in the field of public or business administration; OR 3. Ten (10) years of paid full-time experience in the field of pubhc or business administration or industrial enterprise; OR 4. An equivalent combination of training and experience as defined by the limits of 1, 2, and 3 above. The County Administrator shall be appointed on the basis of these and such other qualifications as may be required for the responsibilities of the office. B. The appointee's domicile need not be in Cortland County at the time of appointment but shall become so within ninety (90) days ofthe appointment and remain so during his or her term of office. Failure to be domiciled or to remain so in Cortland ---PAGE BREAK--- County as stated herein shall be cause for dismissal by the County Legislature without other or further notice. SECTION 4. Salary The County Administrator shall receive an annual salary to be fixed by the County Legislature. SECTION 5. Powers And Duties Without curtailing, diminishing or transferring the powers of any elected or appointed County official, the County Administrator shall be responsible for the overall administration of County govemment and shall provide and coordinate staff services to the County Legislature, the Chairman ofthe Legislature and the Committees of the Legislature. The County Administrator shall perform all the duties now and hereafter conferred or imposed upon the office by law and directed by the County Legislature and shall have all the powers and perform all the duties necessarily implied or incidental thereto. Among such powers and duties, but not by way of limitation, are the following: A. To appoint such personnel within the office as may be authorized by the County Legislature. B. Prepare the tentative County budget and present it to the Finance and Administration Committee for approval and then to the full Legislature for final adoption. C. Prescribe the form of financial reports, receipts, vouchers, bills, or claims to be filed by all agencies, departments, officers, officials, institutions, and other agencies of the County. D. Conduct a pre-audit of all claims submitted for payment against the various funds of the County and submit any recommendations thereto to ---PAGE BREAK--- the Chairman of the Finance and Administration Committee prior to the date set forth for the audit of County claims. E. Audit all County departments that maintain records of monies received in the conduct of their department and verify such audits with the central records of the County Treasurer. F. Research and identify sources of Federal and State revenues and assist in plarming and development of applications for Federal and State aid, grants, etc. G. Maintain liaisons and represent the County Legislature in contacts with political subdivisions, State and Federal officials and agencies. H. Coordinate the administrative functions of the departments of County govemment and serve as liaison between County Legislature and County departments, agencies, special improvement districts, boards, commissions, and advisory committees established by the Legislature. I. Conduct regular meetings with all department heads in order to assure the smooth implementation of Legislature policies and procedures. J. Perform professional, administrative, and managerial functions (including management audits) as directed by the County Legislature. Develop and enforce County policies and procedures to ensure smooth operation of all departments. Monitor the department heads of all County departments. Perform personnel functions of assigning and monitoring work, conducting performance appraisals, authorizing time off, disciplining employees, resolving personnel problems, etc. Recommend to the Legislature the appointment and/or dismissal of all non-elected department heads. Provides general supervision to all County department heads, except as otherwise required by law. K. Participate in all labor relations activities including collective bargaining, contract administration, and grievance proceedings. Provide to the Legislature data analysis needed for policy consideration, including collective bargaining. Sit as a member ofthe management team in all collective bargaining activities. Formulate data to measure the impact of Legislative proposals and decision on the tax base and economic development goals established by the Legislature. Aid the Legislature in evaluating proposals and make recommendations conceming the proposals. Serve as an advisor to the Legislature in developing pohcies and procedures that promote economy and efficiency in govemment; undertake administrative and management studies and make recommendations regarding the results thereof to the Legislature. ---PAGE BREAK--- L. Attend meetings ofthe County Legislature and its committees; undertake such research and submit to the Legislature such reports and recommendations as it may from time to time request. Assist the Legislature in the development of policies, procedures, and goals. M. Establish and maintain as its agent a uniform purchasing system to provide for the purchase, sale, rental, and servicing of all supplies, materials, equipment, and services for the County and its departments, including inspection, supervision, and determination as to quality and conformity with specifications and compliance therewith. N. Provide the overall administration of County govemment, coordinating services provided by County employees to the County Legislature, the Chairman ofthe Legislature, and the Legislature's Standing, Special, and Ad Hoc committees. O. To have such other powers and perform such other duties as may now or hereafter be conferred or imposed by the County Legislature. SECTION 6. Acting County Manager The Chairman ofthe Legislature shall be the acting County Administrator in the event ofthe County Administrator's absence from the County or inability to perform and exercise the powers and duties ofthe office. In the event ofthe Chairman's inability to serve as acting County Administrator, the Chairman, with the approval ofthe Legislature, shall appoint an acting County Administrator. In no event may a person serve as acting County Administrator for a period greater than sixty days in any calendar year, unless authorized by the Legislature. The acting County Administrator shall have all powers and duties of the County Administrator during the period of his or her designation or until a new County Administrator shall be appointed, pursuant to law, and shall qualify to assume that office. ---PAGE BREAK--- SECTION 7. No Divestiture Of Powers And Duties Of Legislature Nothing contained in this local law shall operate or be constmed to divest the County Legislature of Cortland County of any of its functions, powers and duties. SECTION 8. Severability of Provisions If any clause, sentence, paragraph, subdivision, section or part of this local law shall be adjudged by any court of 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 to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order have been rendered. SECTION 9. Conflict With Previous Local Laws And Resolutions In the event of a conflict or inconsistency between this local law and any previous local law or resolution of the County Legislature, this local law shall govem. SECTION 10: Effective Date This local law shall take effect when all applicable statutory requirements for its passage and adoption have been complied with fully and it has been duly fiied as provided by the Municipal Home Rule Law. ---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 of the {County)(^Crty)(-=fewn)(Villagc) of ....Cor±laiid-- was duly passed by the - on 30 — i n accordance wilh the applicable provisions of law. (Name of Legislative Body) 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)(repassed after (Name of Legislative Body) disapproval) by the and was deemed duly adopted on 20— , (EUctive Chief Executive Officer*) in accordance with the applicable provisions oflaw. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. - - of 20 oflhe (County)(City)(Town)(Viilage) of - was duly passed by the - on 20— , and was (approved)(not approved)(repassed after [Same of Legislative Body) disapproval) by the on 20 Such local law was submitted (Elective Chief Executive Officer') to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ofa majorily of the qualified electors voting thereon at the (general)(special)(annual) election held on 20-— , in accordance with the applicable provisions oflaw. 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 local law No. of 20 of the (County)(Ciiy)(Town)(VilIage) of - - was duly passed by the - - on - 20— , and was (approved)(not approved)(repassed after (Same of Legislative Bcdvi disapproval) by the on Such local law was subject to {Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer ofa county elected on a county- wide basis or, if there be none, the chairperson of the county iegislative 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. ---PAGE BREAK--- 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed herelo, designated as local law No. - of 20 of the Cily of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the afOrmative vote ofa majorily ofthe qualified electors of such city voting thereon at the (special)(general) eieclion 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 Stale of New York, having been submitled 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 qualifled electors of the cit- ies of said counly 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 thai 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 of the whole of such original local law, and was finally adopted in the manner in- dicated in paragraph—.1 , above. Clerkof the County legislative body, City, 'Smu ntvc4iwly ' (Seal) Date: December 12th, 2002 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF Cortland 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment ofthe local law annexed hereto. Signai^ip»^ ' f V County Attorney Tit) County of r n r t l f l n f i Town Village Date: December 12th, 2002 ---PAGE BREAK--- ON MOTION OF MR. VANDEE & MR. DWYER RESOLUTION NO. 494-02 ADOPT PROPOSED LOCAL LAW NO. 07 FOR THE YEAR 2002 ESTABLISH THE OFFICE OF COUNTY ADMINISTRATOR FOR THE COUNTY OF CORTLAND WHEREAS, a public hearing was held on December 12'^ 2002 before the Cortland County Legislature, AND WHEREAS, said Locai Law has been in its final fomi upon the desks of the members ofthe Cortland County Legislature at least seven calendar day exclusive of Sunday, prior to this date, NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 07 for the year 2002 be and the same is hereby enacted. STATE OF NEW YORK } SS: COUNTY OF CORTLAND } This is to cerlify that!, the undersigned, Clerk of the Cortland County Legislature of the County of Cortland hove compared the foregoing copy of resolution with the original resolution now on file in this office, and which was passed by the Cortland County Legislature of said county on the _i2th December 2002 and that the same is a correct and true transcript of such ofigiriol resolulion and of ttte whole thereof. IN WITNESS WHEREOF 1 hove hereunto set my hand and the official seal of the CORTLAND COUNTY LEGISLATURE, ihis 12thday of December 2002 ^rf^^^fRe^&T^lancI Coun?v^g^^a'tl^