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NEWYORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ^^231 (Use this form to file a local law with the Secretary of State.) Text oflaw should be given as amended. Do not include matter being elirfiinated anstdecwofewseRK italics or underlining to indicate new matter. F ^ ^ D _ . . J A U 0 2 « ^ *^*Vof Cortland Local Law No. ? ofthe year 20 A local law Setting the Salary of Election Commissioners For Cortland (If^sett Title) County in Compliance with Election Law 3-208 Cortland County Legislature ofthe (Name ofLegislative Body) ^ County ° ^ ' V . f Cortland asfollows: (Delete this line of text and entertext of local law here) PER ATTACHED RESOLUTION (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--- ON MOTION OF MR. CORNELL RESOLUTION NO. 475-06 Adopt Local Law Number 3 for the year 2006 A Local Law Setting the Salary of Election Commissioners For Cortland County in Compliance with Election Law 3-208 WHEREAS, the Coimty Legislature previously exercised their authority pursuant to County Law Section 201 and allocated the Office of Election Commissioner to the Management/Management Confidential Compensation Employment Policy establishing a Grade and Step plan, AND WHEREAS, the Cortland County Legislature, through Resolution 424-05, adopted a Management/Management Confidential Compensation Employment Policy establishing a Grade and Step plan for certain officers and employees placed in the plan, AND, WHEREAS, because of the placement of the Election Commissioner in the Plan, the Republican Election Commissioner's salary is substantial more than the Democrat Election Commissioner's salary based a scheduled providing higher rates of compensation through additional increments of salary based on time service and on longevity pay as previously approved by resolutions of the County Legislature which amended the Grade and Step plan for employees falling under the plan, AND WHEREAS, the last law establishing equal salary was by Local Law No. 2 ofthe year 2001 duly passed by the Legislature on April 11^^, 2001 and was approved by the Chairman ofthe Legislature on April 11, 2001, such local law was subject to permissive referendum and no valid petition requesting such a referendum was filed as of May 29^^, 2001 in accordance with applicable provision oflaw, AND WHEREAS, the Republican Election Commissioner has issued an opinion that the County is in noncompliance with Election Law by way of a letter to the County Legislature stating that: "Election Law 3-208 states that both commissioners should have equal pay, as of this date this is not being done in Cortland County...." AND WHEREAS, it is the intent of the Legislature to exercise the same authority under County Law Section 201 and paragraph of subdivision two of Section 24 of Municipal Home Rule Law and equalize the salary of the two Election officials by removing the Office of Elections Commissioner from the Plan, NOW, THEREFORE, BE IT 1-2 ---PAGE BREAK--- BE IT ENACTED BY the Cortland County Legislature as follow: Section 1. The public Offices of Election Commissioner are to be removed from the Management/Management Confidential Compensation Employment Policy establishing a grade and step plan for Election Commissioners, AND Section 2. Each Election Commissioner shall received equal salary, AND Section 3. The Election Commissioner's salary shall be an annual salary to be fixed by the County Legislature, AND Section 4. The armual salary for Election Commissioners shall be $26,384.48. Section 5. This Local Law shall take effect upon filing with the Secretary of State of the State of New York. 2-2 STATE OF NEW YORK ) SS: COUNTY OF CORTLAND ) This is to certify that I, the undersigned, Clerk of the Cortland County Legislature ofthe County of Cortland have 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 21st day of December and that the same is a correct and true transcript of such original resolution and ofthe whole thereof IN WITNESS WHEREOF 1 have hereunto set my hand and the official seal ofthe CORTLAND COUNTY LEGISLATURE, this 21st day of December, 2006 ^ Clerk of the Cortland^unty Legislature ---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 iegislative body only.) I hereby certify that the iocal law annexed hereto, designated as local law No. M of 20 Ofi of the (County)(City)(Town)(Village) of Cortland was duly passed by the Cortland County Legislature on Dec. 21 90 _ilfi__ 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*.) 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 on 20 , and was (approved)(not approved) (Name of Legistative Body) (repassed after disapproval) 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 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 after disapprovai) by the on ^ 20 (Elective ChiefExecutive 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 fmal 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) (Name ofLegislative Body) (repassed after disapproval) by the on 20 Such local (Elective Chief Executive Officer*) law was subject lo permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions oflaw. * Elective ChiefExecutive 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 vjllage, 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.) 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 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 ofthe 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 1 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 vyas finaHy adopted in the manner indicated in paragraph 1 _ , above. ofthe county legislative & Clerk ofthe county legislative bqpy, Gity, Town-of-Wtagg-Clerk or officer designated by local legislative body (Seat) Date; December 27, 20nfi (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 law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. ^ Signature Title County ^ / Wfage Date: Dos-239 (Rev. 05/05) Page 3 of 3