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r T r^^Af NEW YORK STATE DEPARTMENT OF STATB L i O C U l J^UVV JT U U L g 41 STATE STREET, ALBAl^. NY 12231 (Use this form to file a local law with the Secretary of State3Ip;J^PNevv>t>^^ Text of law should be given as amended. Do not include matter italics or underlining to indicate new matter. being county ^ ^ 0 8 2084 Village 01 04 Local Law No ofthe year 20. Abolishing the Elected Office of County Treasurer and Creating A local law an Appointive Office of County Comptroller for the County of Cortland and Causing a Proposition to be Submitted to the Electorate at the Next Genersd Election Legislature Be it enacted by the ofthe County -City Cortland of as follows: - Village (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. Iiy99) ---PAGE BREAK--- A Local Law Abolishing the elected Office of County Treasurer and creating an Appointive Office of County Comptroller for the County of Cortland and Causing a Proposition to be Submitted to the Electorate at the Next General Election Be it enacted by the Legislature of the County of Cortland as follows: SECTION 1. Legislative Intent A. The County of Cortiand 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, require the best financial administration possible. B. It is the desire of the Cortland County Legislature, in its continuing efforts to upgrade the administration of County goverrmient, to ensure to the effective management of the fiscal responsibilities of the Coimty of Cortland. C. The Cortland County Legislature finds that, through a more efficient admirustration of the various fiscal affairs of Cortland County, the County Legislature will be able to provide for better direction, control and coordination of Cortland County governmental finances. Further, the timely reporting of the County's fiscal position, statements of expenses and revenues, and cash flow will provide for improved day-to-day handling and management of the County's fiscal affairs. D. It is the intention ofthe Cortland County Legislature, through the enactment hereof; to provide for professional qualifications and professional backgroimd required of its Chief Fiscal Officer. E. It is the further intent of the Cortland County Legislature, through the enactment hereof, to provide for the creation and appointment of a County Comptroller as the County's professional Chief Fiscal Officer, having the professional qualifications, education and experience necessary for the position; and abolishing the elective Office of County Treasurer. By a mandatory referendum in accordance with the County Law, Section 575 and Municipal Home Rule Law, Section 10, it is the intent to change firom an elective County Treasurer to an appointive County Comptroller after a referendum conducted in all respects under the provision of Municipal Home Rule Law, Section 23. F. It is not the purpose or intent of the Cortland Coxmty Legislature in the adoption of this local law to curtail, diminish, transfer or divest the Cortland County Legislature of any of its functions, powers or duties. ---PAGE BREAK--- SECTION 2. Abolishing the elective Office of County Treasurer The elected.position of County Treasurer as provided in Section 400, subparagraph 1 ofthe County Law is abolished effective December 31,2004. SECTION 3. Creating the appointive Office of County Comptroller Effective January 1, 2005, there shall be a Department of Finance headed by the County Comptroller, who shall be appointed on the basis of his or her professional, educational, and administrative qualification; the Comptroller shall be appointed by the County Legislature pursuant to standard policy regarding appointment of department heads. SECTION 4. Appointment, Distinguishing Features ofthe Office, Term of Office A. There shall be an appointed County Comptroller who shall be directly responsible to the County Legislature, through the County Administrator and the Budget and Finance Committee, and on behalf of Cortland County, shall perform the functions of Chief Fiscal Officer, with the Cortland County Legislature retaining the final administrative authority. The position of Cotmty Comptroller shall be imclassified for Civil Service piuposes. B. The work involves the responsibility for fiscal management activities and carries authority as the Chief Fiscal Officer. The County Comptroller has all of the powers and performs all of the duties of a Chief Accoimting Officer of Cortland County. The work involves responsibility for duecting and maintaining the financial records of the County in the manner prescribed by the New York State Department of Audit and Control, as well as, insuring these record keeping activities are carried out in accordance with all applicable laws and regulations goveming local government. C. The County Comptroller shall exercise direct supervision over the fiscal operations of County departments and agencies. Typical work activities shall include but not be limited to: . Maintains custody of all Cortland Coimty funds, manages all investments and maintains all financial records and accounts of all units of County government charged with duties relating to funds of the County; . Provides and keeps a record keeping system showing all appropriations, funds and expenditures, together with the name of the claimant and amoimts; . Keeps a separate account of each County department and special funds; (i.e. Comt, Trust and Agency, etc.) . Conducts the sale of bonds and notes and keeps a record of all bonded indebtedness and other loans; . Collects and Remits various local and State taxes; ---PAGE BREAK--- . Reconciles bank statements; . Submits statement of County finance to tiie Cortland County Legislature and County Administrator in a timely fashion at least or as otherwise requested or directed; . Prescribes approved methods and forms for financial accounting and record keeping and provides oversight of all Cotmty offices; . Certifies the availability of funds for all contracts, purchase orders and other financial obligations incurred by the Coxmty; (10) . Provides for a system of encumbrances and maintains records; (11) . Prepares Department of Finance's proposed annual budget; (12) . Advises Cortland County Legislatxire on fiscal matters; (13) . Reviews and approves State and Federal aid claims; (14) . Assists in the preparation of the independent audit, participating in the timely review of the results of said audit and the preparation of the corrective action plan with the Budget and Finance Committee, and reports progress on corrective action to the Budget and Finance Committee through to completion of corrective actions. D. Fxill Performance Knowledge, Skills, Abilities and Personal Characteristics; . Thorough knowledge of the principles and practices of modem public fiscal administration, including intemal auditing, accoimt and fiscal management; . Good knowledge of the practices and principles of supervision; . General knowledge of purchasing procedures; working knowledge of state finance laws; working knowledge of bond markets; . Ability to plan and supervise the work of others; . Ability to establish and maintain satisfactory working relationship with others; . Ability to follow and xmderstand complex oral and written . Ability to issue complex oral and written . Initiative; integrity; resourcefulness, good judgment; . Physical condition commensurate with the demands of the position. E. The County Comptroller shall be appointed for a minimum term of office of three years but such term of office shall not exceed four years. SECTION 5. Qualifications A. At the time of appointment, the Coimty Comptroller shall have the following training and/or experience: 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 Accounting, Public Administration or Business Administration or a related field, which must have included or been supplemented by at least twelve credits in accounting AND four years of paid full-time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accounting activities, two years of which shall be in governmental accounting; OR ---PAGE BREAK--- 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 Accoxmting, Public Administration or Business Administration or a related field which, must have included or been supplemented by at least twelve credits in accoxmting AND six years of paid full- time supervisory experience in preparing and maintaining financial accoxmts and records, which must have involved preparation of financial statements as well as other accoxmting activities, two years of which shall be in governmental accounting; OR , Graduation fi-om a regionally accredited college or xmiversity, or one accredited by the New York State Board of Regents to grant two year degrees, with an Associate's Degree in Accoxmting, Public Administration or Business Administration or a related field which, must have included or been supplemented by at least twelve credits in accoxmting AND eight years of paid full-time supervisory experience in preparing and maintaining financial accounts and records, which must have involved preparation of financial statements as well as other accoxmting activities, two years of which shall be in governmental accounting; OR . Ten (10) years of paid full-time supervisory experience in preparing and maintaining financial accoxmts and records, which must have involved preparation of financial statements as well as other accoxmting activities, two years of which shall be in governmental accoxmting; OR An equivalent combination of training and experience as defined by the limits of 1, 2, 3 and 4 above. The Coxmty Comptroller 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 Coxmty at the time of appointment but shall become so within ninety (90) days of the appointment and remain so during his or her term of office. Failure to be domiciled or to remain so in Cortland County as stated herein shall be cause for dismissal by the Cortland County Legislature without other or further notice. SECTION 6. Salary The Coxmty Comptroller shall receive an annual salary to be fixed by the Cortland Coxmty Legislature. ---PAGE BREAK--- SECTION 7. Powers and Duties A. Without curtailing, diminishing or transferring the powers of any elected or appointed Coxmty official, the Coxmty Comptroller shall be responsible for the overall administration of the County government finances. B. The County Comptroller shall perform all tiie 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: . have general superintendence over the fiscal affairs of the Coxmty; . keep books and records at the expense of the County showing all appropriations, funds and expenditures together with the name of the claimant and the amounts and nature thereof; . keep a separate account for each Coxmty officer or department and special . keep a record of all bonded indebtedness and other loans and conduct the sale of all bonds pursuant to the provisions of the local finance law; . procxire bank statements from depositaries of Coimty funds at least once a month and reconcile them with the books and records; . at least annually review all books and records, vouchers and other papers pertaining to the money, funds and property of the County and render a report thereon to the Cortland County Legislatiu-e as to whether proper books and records have been kept and all moneys and property ofthe Coxmty accounted for; , cause to be printed within thirty (30) days after the close of the fiscal year for distribution to tiie Cortland Coimty Legislature, Coxmty officers and the public, a verified statement in summary form showing the receipts of money from all sources, the expenditures and balances by funds, and bonded indebtedness together with the terms of payment and the balance xmpaid and such other information as may be deemed proper or directed by the Cortland County Legislature. . perform such additional and related duties as may be prescribed by law or directed by the Cortland Coimty Legislature. C. The Coxmty Comptroller shall, before he or she enters upon the duties of his or her Office, take the constitutional Oath of Office and execute to the Coxmty and file an official undertaking as provided in Section Eleven of the Public Officers Law. D. The County Comptroller within ten days after entering upon the duties of his or her Office shall appoint a Deputy Comptroller meeting the minimum qualifications established by Civil Service. Such appointment shall be in writing under his or her hand and seal and be filed and recorded in the office of the Coxmty clerk. He or she shall perform such duties as may be assigned by the Comptroller, and during the temporary absence of the Comptroller he or she shall act as the Comptroller. ---PAGE BREAK--- SECTION 8. Acting County Comptroller In the event of a vacancy in the Office of County Comptroller or inability ofthe incumbent to perform and exercise the powers and duties of the Office of Comptroller, the Deputy Comptroller may continue to act as Comptroller or another qualified Coxmty Officer may be appointed Acting Coxmty Comptroller by the Cortland Coxmty Legislature provided there is no incompatibility of office under the law. SECTION 9. No Divestiture of Powers And Duties of Legislature Nothing contained in this local law shall operate or be constmed to divest the Cortland County Legislature of any of its functions, powers and duties. SECTION 10. 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 of 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 11. Construction of Local Law A. This law shall be liberally construed to effectuate the purposes thereof and to provide an appointive chief fiscal officer in compliance with the requirements of law. B. It is intended that through this law all duties associated with the elective Office of Coxmty Treasurer be transferred to the appointive Office of County Comptroller. SECTION 12. Conflict With Previous Local Laws and Resolutions In the event of a conflict or inconsistency between this local law and any previous local laws or resolution ofthe Coimty Legislature, this local law shall govem. SECTION 13. Referendum A. The local law shall be placed on the ballot for the election to be held on November 2, 2004. B. The form ofthe proposition shall be as follows: "Shall the elective Office of County Treasurer be abolished and the appointive Office of County Comptroller be created in Cortland Coxmty as approved by the Cortland County Legislature in Local Law No. 1, 2004?" ---PAGE BREAK--- SECTION 14. Effective Date A. This local law shall take effect when all applicable statutory requu-ements for its passage and adoption have been complied with fully; and B. This local law shall take effect when it has been duly filed in the Office of the Secretary of State and as provided by this local law. StateofNew 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 Local Law # 1 for the Year 2004 with the original Local Law #7 for the Year 2004 now on file this office and which was passed by the Cortland County Legislature ofsaid County on the 19^^ day of August, 2004, and that the same is a correct and true transcript of such original Local Law Ul and of the whole thereof. In Witness Whereof I have set my hand and the official seal of the Cortland County Legislature, this 25th day of August, 2004. Clerk of the Cortland County 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 legislative body only.) I hereby certify that the local law annexed her^^^gi^ied as local law No of of the V Y K — " A " / ^ ^ ^ Y Passed by the hfJ^^M^J^P. 20.97., in accordance with the applicable provisions of law. • \ami of Ligtslaiive Boay) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify ibat the local law annexed herelo, designated as local law No. of 20 of the (County)(City)(Tbwn)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after iSame of Legaiative Badyi disapproval) by the and was deemed duly adopted on lEUcti^e Chief Executive Officer^) in accordance with 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 (Couniy)(City)(Town)(ViIlagc) of was duly passed by the on 20— , and was (approved)(noi approved)(rcpassed after •..Same af Legislative Body) disapproval) by the on 20 Such local law was submitted (Elective Chief Executive Officer') 10 the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ofa majority of ihc qualified electors voting thereon at the (gencral)(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 Ihe (Couniy)(Ci!y)(Town)(ViIIage) of was duly passed by the on 20 , and was (approvcd)(not approved)(repassed after -.Sam,: of Lejisiative Body} disapproval) by the on 20 — . Such local law was subject to (Elective Chtef E.Tecutive Officer*) 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 Ofncer means or includes the chief executive ofilcer ofa county elected on a county- wide basis or, If there be none, the chairperson ofthe county legislative body, the mayor ofa city or village, or the supervisor ofa 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 iocal law annexed herelo, designated as local iaw No. - of 20 of the City of having been submitted to referendum pursuant to the provisions of seclion (36)(37) ofthe iMunicipal Home Rule Law, and having received the affirmative vote ofa majority ofthe qualified electors of such city voting thereon at the (special)(gencral) 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 pursuanl lo subdivisions 5 and 7 of section 33 of tbe Municipal Home Rule Law, and having received the affirmative vote of a majority ofthe qualified electors ofthe cit- ies of said county as a unit and a majorily of the qualified eleciois 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 local law with the original on file in this office and that the same is a correct transcript therefrom and ofthe whole of such original local law, and was finally adopted in the manner in- dicated in paragraph — , above. ^ (-^Jictt^ £^LLX>X>L.29^ Cleric of ibe CouDiy legislative body. City, Town or Village Cleric or officer destgoaied by local legislative body (Seal) n.t,- September 21, 2004 (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 I. the undersigned, hereby certify lhat the foregoing locif law contains the coprect text and have been had or taken for the enactment ofthe local law annexed hei I proper proceedings County Village- of Cortland Date* September 21, 2004