CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION
 
Resolution adopting Local Law Introductory No. 2 for the year 2019 in relation to the amendment of Local Law No. 4 of the year 1973 entitled “A Local Law to provide for the establishment of a County Charter for the County of Chemung, State of New York” relating to the provisions of Article 4 of the Municipal Home Rule Law of the State of New York (filed with the Department of State of the State of New York as Local Law No. 3 of the Year 1973) (Attorney to the Legislature and Special Districts)
Resolution #: 19-254
Slip Type: OTHER
SEQRA status
State Mandated False
Explain action needed or Position requested (justification):
Draft Local Law:

WHEREAS, Introductory Local Law No. 2 for the Year 2019 has been introduced and filed with the County Legislature seven (7) calendar days prior to consideration, exclusive of Sunday, upon the desks of the members of the Chemung County Legislature as required by Section 20 of the Municipal Home Rule Law;  and the Clerk of the County Legislature has made her affidavit of service of filing the same; and

WHEREAS, Municipal Home Rule Law, Section 20 requires the Chief Executive Officer of the County to hold a Public Hearing thereon within the time limits as stated therein;  and

WHEREAS, the Chemung County Charter, Article II, provides for adoption of Local Laws by the Chemung County Legislature;  now, therefore, be it

RESOLVED, that the following Introductory Local Law No. 2 for the Year 2019, be and the same is hereby enacted and promulgated by the Chemung County Legislature as follows:

COUNTY OF CHEMUNG INTRODUCTORY LOCAL LAW NO. 2 FOR THE YEAR 2019   A Local Law in relation to the amendment of Local Law No. 4 of the Year 1973 entitled “A Local Law to provide for the establishment of a County Charter for the County of Chemung, State of New York” relating to the provisions of Article 4 of the Municipal Home Rule Law of the State of New York (filed with the Department of State of the State of New York as Local Law No. 3 of the Year 1973) (Attorney to the Legislature and Special Districts).   BE IT ENACTED by the Chemung County Legislature of the County of Chemung, State of New York, as follows:

Section 1.        Article XVIII of the Chemung County Charter enacted by Local Law No. 4 of the year 1973 and filed with the Department of State of the State of New York as Local Law No. 3 of the year 1973 be and hereby is amended as follows:

By adding the following Section to Article II Legislative Branch -

Section 214.    Attorney to the Legislature and Special Districts (Index)
Section 214.  Attorney to the Legislature and Special Districts; Term; Duties.
The Chairman of the County Legislature shall appoint an attorney, duly admitted to the practice of law in the State of New York, who shall serve at the pleasure of the Chairman of the County Legislature during his term, and until his successor is appointed and has qualified.

The Attorney to the Legislature and Special Districts is the legal advisor to the Chemung County Legislature on matters of policy, procedure and application and interpretation of the law, and shall perform such duties as may be prescribed by law and directed by the Chairman of the County Legislature on behalf of the Chemung County Legislature and the County’s special districts, including, but not limited to the Chemung County Solid Waste District, Chemung County Sewer District No.1, and the Chemung County Elmira Sewer District.

The Attorney to the Legislature and Special Districts shall prepare resolutions, ordinances, legalizing acts and local laws, together with notices and other items in connection therewith, to be presented for action by the County Legislature.

Nothing herein shall be construed to prohibit the County Attorney from advising or representing the Legislature or any officer or employee thereof.

By amending certain Sections of Article XVI Department of Law -

Section 1602. Powers and Duties.
The County Attorney shall:   (a)   be the sole legal advisor to the County Executive; (b)   advise all County officers and employees in all County legal matters of a civil nature; (c)   prosecute or defend all actions or proceedings of a nature brought on or against the County; (d)   prepare resolutions, ordinances, legalizing acts and local law, together with notices and other items in connection therewith, on behalf of the County Executive, to be presented for action by the County Legislature; (e)   perform such other and related duties as may be prescribed by law, the County Executive or the County Legislature.

Section 1603. Assistant County Attorneys.    The County Attorney shall have the power to appoint Assistant County Attorneys as may be authorized by the County Legislature. All Assistant County Attorneys shall serve at the pleasure of the County Attorney.


Section 2.        This Local Law is subject to referendum on petition as provided by law.


Section 3.        This Local Law shall take effect immediately upon appropriate filing with the Department of State pursuant to the provision of the Municipal Home Rule Law.

and, be it further

RESOLVED, that the Clerk of the Chemung County Legislature be and hereby is authorized to transmit the same to the County Executive for a public hearing and said County Executive shall hold said public hearing within twenty (20) days after the presentation of said Local Law Introductory No. 2 for the Year 2019 to him.  
CREATION:
Date/Time: Department:
3/6/2019 4:35:26 PM
APPROVALS:
Date/Time: Approval: Department:
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