CODE OF PUTNAM COUNTY NEW YORK, v22 Updated

Transcription

1 CODE OF PUTNAM COUNTY NEW YORK, v22 Updated OFFICIALS OF PUTNAM COUNTY County Offices 40 Gleneida Avenue Carmel, New York (845) Fax: (845) County Executive MARYELLEN ODELL County Clerk DENNIS SANT County Attorney JENNIFER S. BUMGARNER Sheriff DONALD B. SMITH District Attorney ADAM B. LEVY Putnam County Legislature RICHARD T. OTHMER, JR., Chairman ANTHONY DICARLO, Deputy Chair DIANE SCHONFELD, Clerk CLEMENT VAN ROSS, Counsel 1

2 BARBARA SCUCCIMARRA, District 1 SAM OLIVERIO, JR., District 2 RICHARD T. OTHMER, JR., District 3 GINNY NACERINO, District 4 CARL L. ALBANO, District 5 ROGER S. GROSS, District 6 JOSEPH CASTELLANO, District 7 DINI LoBUE, District 8 ANTHONY DICARLO, District 9 2 PREFACE Putnam County has, over the years, passed through a process of legislative change common to many American communities. While only a few simple laws were necessary at the time of the establishment of the County, subsequent growth of the community, together with the complexity of modern life, has created the need for new and more detailed legislation for the proper function and government of the County. The recording of local law is an aspect of municipal history, and as the community develops and changes, review and revision of old laws and consideration of new laws, in the light of current trends, must keep pace. The orderly collection of these records is an important step in this ever-continuing process. Legislation must be more than mere chronological enactments reposing in the pages of old records. It must be available and logically arranged for convenient use and must be kept up-to-date. It was with thoughts such as these in mind that the County Legislature ordered the following codification of the county's legislation. Contents of Code The various chapters of the Code contain all currently effective legislation of a general and permanent nature enacted by the County Legislature of Putnam County, including revisions or amendments to existing legislation deemed necessary by the County Legislature in the course of the codification. Division of Code The Code is divided into two major divisions. The first division includes the Charter of the County. The second division includes all legislation of a general and permanent nature as Parts I and II. Part I, Administrative Legislation, contains all County legislation of an administrative nature, such as that dealing with the administration of government, that establishing or regulating municipal departments and that affecting officers and employees of the municipal government and its departments. Part II, General Legislation, contains all other County legislation of a regulatory nature. Items of legislation in this part generally impose penalties for violation of their provisions, whereas those in Part I do not. Grouping of Legislation and Arrangement of Chapters The various items of legislation are organized into chapters, their order being an alphabetical progression from one subject to another. Wherever there are two or more items of legislation

3 dealing with the same subject, they are combined into a single chapter. Thus, for example, all legislation pertaining to the regulation of streets and sidewalks may be found in Part II, in the chapter entitled "Streets and Sidewalks." In such chapters, use of article or part designations has preserved the identity of the individual items of legislation. Table of Contents The Table of Contents details the alphabetical arrangement of material by chapter as a means of identifying specific areas of legislation. Wherever a chapter is divided into two or more articles or parts, titles of the several articles or parts are listed beneath the chapter title. Reserved Chapters Unassigned chapter numbers do not appear in the Table of Contents but are available for assignment to new enactments. In this manner, new subject matter can be included alphabetically. Pagination A unique page-numbering system has been used in which each chapter forms an autonomous unit. The first page of each chapter is the number of that chapter followed by a colon and the numeral "1." Thus, Chapter 6 would begin on page 6:1. By the use of this system, it is possible to add or to change pages in any chapter, or add new chapters, without affecting the sequence of subsequent pages. Numbering of Sections A chapter-related section-numbering system is employed in which each section of every item of legislation is assigned a number which indicates both the number of the chapter in which the legislation is located and the location of the section within that chapter. Thus, the first section of Chapter 6 would be 6-1, while the fourth section of Chapter 53 would be Scheme The Scheme is the list of section titles which precedes the text of each chapter. These titles are carefully written so that, taken together, they may be considered as a summary of the content of the chapter. Taken separately, each describes the content of a particular section. For ease and precision of reference, the Scheme titles are repeated as section headings in the text. Histories At the end of the Scheme in each chapter is located the legislative history for that chapter. This History indicates the specific legislative source from which the chapter was derived, including the enactment number (e.g., ordinance number, local law number, bylaw number, resolution number, etc.), if pertinent, and the date of adoption. In the case of chapters containing parts or articles derived from more than one item of legislation, the source of each part or article is indicated in the History. Amendments to individual sections or subsections are indicated by histories where appropriate in the text. Codification Amendments and Revisions 3

4 New chapters adopted during the process of codification are specifically enumerated in chapter Histories with reference to "Ch. 1, General Provisions," where the legislation adopting this Code and making such revisions will appear after final enactment. Sections amended or revised are indicated in the text by means of Editor's Notes referring to the chapter cited above. General References; Editor's Notes In each chapter containing material related to other chapters in the Code, a table of General References is included to direct the reader's attention to such related chapters. Editor's Notes are used in the text to provide supplementary information and cross-references to related provisions in other chapters. Appendix Certain forms of local legislation are not of a nature suitable for inclusion in the main body of the Code but are of such significance that their application is community-wide or their provisions are germane to the conduct of municipal government. The Appendix of this Code is reserved for such legislation and for any other material that the community may wish to include. Disposition List The Disposition List is a chronological listing of legislation adopted since the publication of the Code, indicating its inclusion in the Code or the reason for its exclusion. The Disposition List will be updated with each supplement to the Code to include the legislation reviewed with said supplement. Index The Index is a guide to information. Since it is likely that this Code will be used by persons without formal legal training, the Index has been formulated to enable such persons to locate a particular section quickly. Each section of each chapter has been indexed. The Index will be supplemented and revised from time to time as new legislation is added to the Code. Instructions for Amending the Code All changes to the Code, whether they are amendments, deletions or complete new additions, should be adopted as amending the Code. In doing so, existing material that is not being substantively altered should not be renumbered. Where new sections are to be added to a chapter, they can be added at the end of the existing material (continuing the numbering sequence) or inserted between existing sections as decimal numbers (e.g., a new section between 45-5 and 45-6 should be designated ). New chapters should be added in the proper alphabetical sequence in the appropriate division or part (e.g., Part I, Administrative Legislation, or Part II, General Legislation), utilizing the reserved chapter numbers. New chapter titles should begin with the key word for the alphabetical listing (e.g., new legislation on abandoned vehicles should be titled "Vehicles, Abandoned" under "V" in the Table of Contents, and a new enactment on coin-operated amusement devices should be "Amusement Devices" or "Amusement Devices, Coin-Operated" under "A" in the Table of Contents). Where a reserved number is not available, an "A" chapter should be used (e.g., a new chapter to be included between Chapters 45 and 46 should be designated Chapter 45A). New articles may be inserted between existing articles in a chapter (e.g., adding a new district to the Zoning Regulations) by the use of "A" articles (e.g., a 4

5 new article to be included between Articles XVI and XVII should be designated Article XVIA). The section numbers would be as indicated above (e.g., if the new Article XVIA contains six sections and existing Article XVI ends with and Article XVII begins with 45-31, Article XVIA should contain through ). Supplementation Supplementation of the Code will follow the adoption of new legislation. New legislation or amendments to existing legislation will be included and repeals will be indicated as soon as possible after passage. Supplemental pages should be inserted as soon as they are received and old pages removed, in accordance with the Instruction Page which accompanies each supplement. Acknowledgment The assistance of the County officials and legislative staff is gratefully acknowledged by the editor. The codification of the legislation of Putnam County reflects an appreciation of the needs of a progressive and expanding community. As in many other municipalities, officials are faced with fundamental changes involving nearly every facet of community life. Problems increase in number and complexity and range in importance from everyday details to crucial areas of civic planning. It is the profound conviction of General Code that this Code will contribute significantly to the efficient administration of local government. As Samuel Johnson observed, "The law is the last result of human wisdom acting upon human experience for the benefit of the public." THE CHARTER [HISTORY: Adopted by the Legislature of the County of Putnam by L.L. No ; amended in its entirety by L.L. No Amendments noted where applicable.] ARTICLE 1, Putnam County and its Government Title. This Charter and all amendments thereto shall constitute the form of government for the County of Putnam and shall be known and cited as the "Putnam County Charter." Purpose. Among the purposes of this Charter are: to secure the maximum self-government for the people of Putnam County through the exercise of home-rule powers granted under the Constitution and under the laws of the State of New York; to establish through such home-rule powers an effective and responsible County government, and to separate County legislative and executive functions. 5

6 1.03. Continued status, powers and duties. The County of Putnam shall continue to be a municipal corporation and shall have all the powers and perform all the duties now or hereafter conferred or imposed upon it by this Charter or applicable law, together with all rights, privileges, functions and powers necessarily implied or incidental thereto Definitions. (a) "Administrative Code" or "Code" shall mean the Administrative Code adopted by and for the County and all amendments thereto. (b) "Charter" shall mean this Putnam County Charter and all amendments thereto. (c) "County" shall mean the County of Putnam. (d) "County Executive" shall mean the County Executive of Putnam County as more fully provided in Article 3 of this Charter and the Administrative Code. (e) "Executive Branch" shall mean the County Executive and all units of government within his or her jurisdiction. (f) "Local Law" shall mean a law adopted pursuant to this Charter or the Administrative Code within the power granted by the Constitution of the State of New York, an act of the State Legislature or a provision of this Charter or the Administrative Code, but shall not include legalizing acts or resolutions. (g) "Qualified Elector" shall mean a person qualified to cast a ballot in a Putnam County election. (h) "Resolution" shall mean a legislative act other than a local law or legalizing act, adopted pursuant to this Charter or the Administrative Code, but not subject to referendum. (i) "Day" to be construed in accordance with the New York State General Construction Law Effect of Charter on state laws. Any state law which is inconsistent with this Charter shall be superseded by the provisions hereof to the extent of its inconsistency, except where supersession is restricted by law Effect of Charter on local laws and resolutions. Except to the extent to which they may be inconsistent with the provisions of this Charter, all existing local laws, resolutions, rules and regulations heretofore adopted shall continue in force and effect until amended, superseded or repealed. ARTICLE 2, The County Legislature Governing body. The legislative, appropriating and policy-determining powers of Putnam County shall be vested in an elected body, which shall be known as the County Legislature. The County Legislature shall consist of nine (9) members elected from single-member districts. 6

7 2.02. Term. [Amended by L.L. No ; by L.L. No i EN ] A. The County Legislators shall be elected for terms of three (3) years at the general elections hereinafter provided and every three (3) years thereafter as follows: (1) At the general election held in November of 2002, County Legislators from Legislative Districts Two, Three and Eight shall be elected for said term of three years. (2) At the general election held in November of 2003, County Legislators from Legislative Districts One, Four and Seven shall be elected for said term of three years. (3) At the general election held in November of 2004, County Legislators from Legislative Districts Five, Six and Nine shall be elected for said term of three years. B. The County Legislators shall serve a maximum of four (4) terms, regardless of the fact that a "term" may not have been three (3) years, and whether or not consecutive, in his/her lifetime. C. For the purposes of this Section, the service of any portion of a term, no matter how small, shall be considered a full term. D. In no instance may a Legislator serve more than four terms or 12 years, whichever is less. E. Any person serving more than four (4) terms or twelve (12) years as a Legislator at the time of the adoption of this local law, shall be permitted to run for one (1) additional three (3) year term Qualifications. At the time of his or her nomination and election, and throughout his or her term of office, each County Legislator shall be and shall remain an elector of the district from which he or she is elected. No County Legislator shall hold any other elected public office during the term for which he or she is elected to the County Legislature Powers and duties. The County Legislature shall be the legislative, appropriating and policy-determining body of the County. Except as may otherwise be provided in this Charter, it shall have and exercise all the legislative powers and duties now or hereafter conferred or imposed upon it by this Charter or upon a board of supervisors or the legislative body of a county by state law, together with all the powers and duties necessarily implied or incidental thereto. The County Legislature shall have, but not by limitation, the following powers and duties: (a) To adopt by resolution all necessary rules and regulations for its conduct and procedure; (b) To make appropriations, levy taxes, incur indebtedness and adopt the County budget; (c) To exercise all powers of local legislation in relation to enacting, amending or rescinding local laws, Charter laws, legalizing acts or resolutions; (d) To adopt, amend and repeal by local law an Administrative Code which shall set forth the details of the administration of the County government consistent with the provisions of this Charter; (e) To confirm, when required, the appointments made by the County Executive according to the procedure cited in 2.08 of this article; (f) To create, alter, combine or abolish by local law County administrative units not headed by elective officers; (g) To fix by resolution the compensation of all officers and employees paid from County funds except members of the judiciary; except that the compensation of any elected official paid 7

8 from County funds shall not be decreased during his or her term; (h) To fix by resolution the compensation to be paid from County funds for persons who are rendering service to or in behalf of the County but who are not officers or employees of the County; (i) To make or cause to be made such studies, audits and investigations as it deems to be in the best interest of the County, and in connection therewith to obtain professional and technical advice, appoint temporary advisory boards of citizens, subpoena witnesses, administer oaths and require the production of bonds, papers and other evidence deemed necessary; (j) To fix the amount of bonds of officers and employees paid from County funds; (k) To designate annually by resolution one, but not more than three newspapers published within the County of all enactments, notices and other matters required by law; (l) To establish or abolish positions of employment and titles thereof; (m) To fill vacancies in any elective county offices except the judiciary in accordance with this Charter and other applicable laws; (n) To designate one or more depositories for the deposit of all monies received by the Commissioner of Finance; (o) To fix the amount of the annual salary of its members by resolution provided, however, that the Chair shall receive an additional stipend of 25% of such annual salary; (p) To determine and make provision for any matter of County government not otherwise provided for; (q) To appoint, as deemed necessary and proper, by resolution duly adopted, outside counsel on a per case basis. (r) Publication requirements. [Added by L.L. No ] (1) The notice hearing to be held by the County Executive for the adoption of a local law as provided for in 3.04-B of the Charter shall contain an abstract of the provisions thereof and shall include the location and availability of a copy of the actual text of each local law. (2) Upon adoption of each local law of the County of Putnam the Clerk of the Legislature shall cause the publication once in the official newspapers of the County of the Notice of Adoption of said local law and an abstract of the provision thereof. Said notice shall include the location and availability of a copy of the actual text of each local law. This publication shall be in lieu of that required by County Law 214(2), which is hereby expressly superseded by this local law Officers and committees of the County Legislature. The County Legislature shall, on the first Tuesday after the first Monday in January of each year or as soon thereafter as practicable, meet and organize by election from among its members a Chair, a Deputy Chair and such other legislative officials as it deems appropriate. The Chair shall appoint members of the County Legislature to serve on such legislative committees as are provided by the rules of the County Legislature. The County Clerk shall serve as Chair until such time as the County Legislature itself elects a Chair Clerk of the Legislature. Effective January 1, 2002, the County Legislature shall, on the first day in January or as soon thereafter as practicable, and every three years thereafter, appoint a Clerk who shall serve until 8

9 his or her successor is appointed. From time to time the Clerk shall appoint such additional personnel as are required for the efficient operation of the office of the Clerk within the appropriations provided therefor Vacancies. If a vacancy should occur in the office of County Legislator, such vacancy shall be filled at the next general election for the remainder of the unexpired term. The County Legislature shall appoint a qualified elector of the district in which the vacancy occurred to serve until a successor has been elected and qualified Confirmation of appointments. [Amended by L.L. No ; by L.L. No ] Confirmation of appointments, except as otherwise provided by the Charter, shall be the affirmative vote of a majority of the whole number of members of the County Legislature taken at a regular or special meeting. Said vote shall be taken no longer than sixty (60) days after such appointment has been filed with the Clerk of the Legislature and shall include the committee review process. If the County Legislature shall fail to approve or disapprove any appointment on or before the sixtieth (60th) day, such appointment shall be deemed approved and take effect at that time Audits. [Amended by L.L. No ] The County Legislature shall, on an annual basis, provide that an independent audit be performed of the accounts of the County and of every County department, office and agency. Where appropriate, a single audit or audits may be commissioned by the Legislature as required by law. The audit shall be made by a qualified accountant or accounting firm, so designated by the Legislature, which has no personal or professional conflict of interest with respect to the affairs of the County or of any of its departments, offices or agencies Auditor. [Amended by L.L. No ] Effective January 1, 2001, the County Legislature shall on the first day in January or as soon thereafter as practicable, and every three years thereafter, appoint an Auditor who shall serve until his or her successor is appointed. The Auditor and all full-time managerial employees in the department shall serve on a full-time basis and shall not engage in any private practice nor be employed in their field of expertise with the County by any private or other governmental entity. The Auditor shall be supervised by the County Legislature and his or her duties shall include: (a) Auditing and certifying for payment all lawful claim and charge against the County, whether for payroll or otherwise, or against funds for which the County is responsible in whole or in part; (b) Certifying the availability of funds for all requisitions, contracts, purchase orders and other documents by which the County incurs financial obligations or for the expenditure of funds for which the County is responsible; (c) Such special audits, in addition to those stated in 2.04 (i), as are deemed necessary, at the request of the Legislature. 9

10 ARTICLE 3, The County Executive Chief Executive Officer: election; term; qualifications. ii EN [Amended by L.L. No ] The County Executive shall be elected from the County at large in an even numbered year for a term of four (4) years commencing on the first day of January immediately following his or her election. He or she shall serve a maximum two (2) consecutive full terms. At the time of nomination and election, the County Executive shall be, and he or she shall remain, a qualified elector of Putnam County. He or she shall hold no other elected public or elected political office during his or her term and shall devote his or her full working time to the duties of the office. He or she shall be the highest paid salaried County employee with the exception of those County employees required to be duly licensed to practice medicine in the State of New York as a qualification of employment, the District Attorney or any other employee whose salary is partially or fully set by state law. The compensation of the County Executive shall not be decreased during his or her term of office Powers and duties. The County Executive shall be responsible for the proper administration of all County affairs placed in his or her charge. He or she shall have and exercise all the powers and duties now or hereafter conferred or imposed on him or her by law or this Charter or the Administrative Code. Among such powers and duties, but not by way of limitation, the County Executive shall: (a) Execute and enforce all laws and resolutions of the County Legislature; (b) Exercise supervision and control over all administrative departments, offices and agencies of the County government and prescribe the internal organization of such departments, offices and agencies; (c) Be the Chief Budget Officer of the County and be responsible for the preparation of the operating and capital budgets of the County in the manner provided by this Charter and the Administrative Code to execute the same in accordance with the resolutions and appropriations made by the County Legislature; (d) Be responsible for keeping the County Legislature fully advised as to the financial condition and needs of the County and file with the County Legislature by the first day of March each year an unaudited annual report of the financial affairs and other affairs of the County; (e) Appoint, supervise and terminate, except as otherwise herein provided, all executive committees, commissions and boards to assist him or her in exercising his or her executive functions in the planning, formulation and administration of executive programs; (f) Appoint without confirmation by the Legislature, to serve at his or her pleasure, such assistants and employees of this office as may be authorized by the County Legislature; (g) Make, sign and implement all contracts on behalf of the County within authorized appropriations; (h) Approve or disapprove the sufficiency of sureties on official bonds and undertakings; (i) Approve or disapprove in writing every proposed local law and resolution and the County budget by specified items, subject to provisions of 3.04 of this Charter; (j) Supervise all central administrative services for the County government, including data processing, tabulation, mail and the messenger service, printing and reproduction, and 10

11 telephone and related support services; (k) Make such recommendations to the County Legislature with respect to the affairs of the County and its government as he or she may deem appropriate; (l) Declare the existence of emergencies affecting the life, health or safety of the inhabitants of the County and, except as otherwise provided by law, exercise all the powers and duties necessary for the protection thereof; (m) Perform such other duties and have such other powers as may be prescribed by law or by the County Legislature and have all necessary and incidental powers to perform and exercise any of the duties and functions specified or lawfully delegated to him or her; (n) Make any study or investigation in the best interests of the County, including but not limited to any study or investigation of the affairs, functions, accounts, methods, personnel or efficiency of any department, office or agency under his or her jurisdiction and in furtherance of his or her executive functions. (o) Make available to the Legislature or any Committee of the Legislature, upon request of the Clerk of the Legislature, department heads to advise or discuss any program or issue that currently or potentially affects the operation of that particular department. [Added by L.L. No ] Appointments by the County Executive. [Amended by L.L. No ] The County Executive shall appoint all County departments and administrative units not administered by elected officials except as otherwise provided by law or this Charter. Appointments shall be subject to the confirmation of the County Legislature, as specified in this Charter. All appointments by the County Executive shall be made in writing and filed in the office of the Clerk of the County Legislature within ten (10) days after such appointment is made or in the case of an incumbent appointee within ten (10) days of the County Executive's new term. Appointees requiring confirmation shall not take office until such confirmation is voted or the time limit for rejection has passed, as provided in 2.08 hereof A. Executive action on resolutions. Unless otherwise provided in this Charter, every resolution adopted by the County Legislature, except resolutions establishing the rules and regulations of the Legislature and other matters pertaining solely to the conduct of its own procedures, shall be submitted to the County Executive for his or her action within five (5) days after passage. Within ten (10) days after receipt of the original enactment as passed by the County Legislature, he or she shall take action approving or vetoing the same. (a) Approval. In the event of approval by the County Executive, he or she shall endorse the original document and return it to the Clerk of the County Legislature within ten (10) days. (b) Veto. If vetoed by the County Executive, he or she shall so indicate in writing, setting forth his or her objections to the legislation, and within ten (10) days after receipt thereof return the original document to the Clerk of the County Legislature with his or her veto message attached. [Added by L.L. No ] (c) Failure to act. If within the ten-day limit the County Executive shall fail either to approve or veto an enactment as provided above, such enactment shall take effect in due course without 11

12 his or her endorsement. (d) Reconsideration. A vetoed enactment shall be resubmitted to the County Legislature together with the veto message at its next regular or special meeting, and such message shall be entered into its journal. Within thirty (30) days after such receipt and entry, the County Legislature may consider the vetoed enactment and pass the same over the County Executive's objections by a favorable vote of two-thirds (2/3) of the whole of its number on a roll-call vote. Only one such reconsideration vote shall be taken on any single vetoed enactment B. Executive action on local laws. Every local law adopted by the County Legislature shall be submitted to the County Executive for his or her action within five (5) days after passage. Prior to any action by the County Executive and not later than twenty (20) days after receipt of the local law, a public hearing shall be held by the County Executive on public notice of at least five (5) days. Within twenty-five (25) days after receipt of the original enactment as passed by the County Legislature, he or she shall take action approving or vetoing the same. (a) Approval. In the event of approval by the County Executive, he or she shall endorse the original document and return it to the Clerk of the County Legislature within twenty-five (25) days. (b) Veto. If vetoed by the County Executive, he or she shall so indicate in writing, setting forth his or her objections to the legislation, and within twenty-five (25) days after receipt thereof return the original document to the Clerk of the County Legislature with his or her veto message attached. (c) Failure to act. If within the twenty-five-day limit the County Executive shall fail either to approve or veto an enactment as provided above, such enactment shall take effect in due course without his or her endorsement. (d) Reconsideration. A vetoed enactment shall be resubmitted to the County Legislature together with the veto message at its next regular or special meeting, and such message shall be entered into its journal. Within thirty (30) days after such receipt and entry, the County Legislature may reconsider the vetoed enactment and pass the same over the County Executive's objections by a favorable vote of two-thirds (2/3) of the whole of its number on a roll-call vote. Only one such reconsideration vote shall be taken on any single vetoed enactment Acting County Executive: how designated; when to act. The County Executive shall designate in writing within thirty (30) days of assuming office an appointed head of a department or division to perform the duties of the County Executive during his or her absence from the County or his or her inability to act for any reason. Such written designation shall be filed with the Clerk of the County Legislature and may be changed by the County Executive at any time by a new designation filed with the said Clerk. In the event that no Acting County Executive has been so designated, or that he or she is unable to serve during the absence or disability of the County Executive, the Chair of the County Legislature shall designate the head of one of the County administrative units to perform such duties. 12

13 3.06. Vacancy in the Office of County Executive. If a vacancy occurs in the Office of County Executive, it shall be filled at the next general election for the remainder of the unexpired term. Pending such election, the County Legislature shall designate any qualified elector of the county to serve as County Executive. Pending the designation of a County Executive by the County Legislature, the Acting County Executive shall serve. ARTICLE 4, Department of Finance [Amended by L.L. No ; by L.L. No ; by L.L. No ] Department of Finance; Commissioner. (a) There shall be a Department of Finance, headed by a Commissioner of Finance who shall be appointed by the County Executive, subject to a majority confirmation by the County Legislature. The Commissioner of Finance shall be deemed qualified for the position provided he/she has one of the following: licensure as a Certified Public Accountant (CPA), certification as Certified Public Finance Officer (CPFO), or a Master Business Administration (MBA) degree. The commissioner of finance shall be appointed on the basis of his or her knowledge of accounting and financial matters and his or her experience in financial administration. He or she shall serve at the pleasure of the County Executive and have the authority to appoint the staff that will be employed in this department. (b) The Commissioner of Finance and all full-time managerial employees in the department shall serve on a full-time basis and shall not engage in any private practice nor be employed in their field of expertise with the County by any private or other governmental entity Commissioner of Finance: powers and duties. The commissioner of Finance shall be the chief fiscal officer of the County and shall have charge of the administration of its financial affairs except as otherwise provided in this Charter. The Commissioner of Finance shall: (a) Collect, receive, have custody of, deposit, invest and disburse all fees, revenues and other funds of the County or for which the county is responsible, in accordance with law; (b) Execute all the duties performed by a County Treasurer in relation to the collection of taxes and other revenues and have all of the powers and perform all of the duties conferred or imposed by law upon a County Treasurer; (c) Assist the County Executive in the preparation and administration of the county budget; (d) Supervise the director of the Division of Real Property Tax Services; (e) Borrow money in the name of the County as authorized by the County Legislature; (f) (1) Submit an unaudited annual report to the County Legislature on or before the first day of March of each year, and any other regular or special financial statements to the County Executive and to the county Legislature as they may require; (2) Submit an annual audited report as required by the New York State Department of Audit and Control to that department and to the County Legislature on or before the last day of 13

14 the automatic extension period, and any other regular or special financial statements to the county Executive and the County Legislature as they may require; (3) Submit such other reports as may be required by law; (g) Maintain the books of accounts of the County; (h) Prescribe approved methods and forms for financial accounting and records for all County departments and administrative agencies; (i) Submit annually to the County Executive proposed County tax equalization rates consistent with standards prescribed by the State Legislature; (j) Keep records of appropriations, encumbrances and expenditures and prescribe approved methods of accounting for County offices and administrative agencies; (k) Procure statement from all depositories of County funds and funds for which the County is responsible and reconcile such statements with the County accounts; (l) Subject to the requirements of the Civil Service Law, certify the correctness of payrolls for the payment of salaries of officers and employees paid from County funds The Division of Real Property Tax Services; Director. (a) There shall be within the Department of Finance, an independent division of Real Property Tax Services which shall be headed by a Director of Real Property Tax Services, who shall be appointed by the County Executive subject to confirmation by the Legislature. The Director of Real Property Tax Services shall be appointed for a six year term in accordance with the New York State Real Property Tax Law. He or she shall serve at the pleasure of the County Executive, unless provided otherwise by law and shall be supervised by the Commissioner of Finance. (b) The Director of Real Property Tax Services shall be chosen on the basis of his or her knowledge of the principles and methods relating to the assessment of real property and of his or her executive and administrative experience. At the time of his or her appointment, and throughout his or her term of office, he or she shall meet the minimum qualifications and standards and shall complete such courses of training and education as prescribed by the State of New York for County directors of real property tax services agencies pursuant to Article 15-A of the New York State Real Property Tax Law, and any other applicable law. (c) The Director of Real Property Tax Services shall exercise all the powers and perform all the duties of a County Director of Real Property Tax Services Agencies as provided by Article 15-A of the New York State Real Property Tax Law or other applicable law, including but not limited to ascertaining, spreading, entering and extending taxes levied by the County Legislature for all State, County, Town and Special Districts' purposes. Preparing tax rolls and issuing tax bills for those taxes, performing such other and related duties as may be required by the County Executive and performing all the duties heretofore or hereafter conferred or imposed by law. ARTICLE 5, Executive Department [Amended by L.L. No ; by L.L. No ; by L.L. No ] Department of Purchasing; Director. 14

15 There shall be a Department of Purchasing, administered by a Director who shall be appointed by the County Executive, subject to confirmation by the County Legislature. The Director shall hold at minimum a Bachelor's degree and be qualified for his or her position by training and experience, including four (4) years experience as a buyer, purchaser or an equivalent position. He or she shall serve at the pleasure or iii EN the County Executive and shall have the authority within budgetary appropriations and in accordance with County policy or as may be otherwise required by law, to appoint and remove such staff as may be necessary. The Director shall not hold any other public or political office, whether elected or appointed, as long as he or she remain iv EN in current position of County employment. He or she and all full-time managerial employees in the department shall serve on a full-time basis and shall not engage in any private practice nor be employed in their field of expertise with the County by any private or other government entity, except any such employee hired prior to December 31, 2010 may continue in any private practice in their field of expertise until December 31, 2013 as long as they remain in their current position of County employment Director of Purchasing: powers and duties. Except as otherwise provided in this Charter, the Director of Purchasing shall have the power to: (a) Make all purchases of equipment, materials and supplies required for any County purpose and contract for the rental and servicing of equipment for all County departments in accordance with the requirements established by law or by the County Legislature; (b) Assure suitable specifications or standards for all materials, supplies and equipment to be purchased and assure inspection. Of v EN all deliveries to determine their compliance with such specifications and standards; (c) Make purchases for municipalities or other civil divisions of the County upon the written request of the governing body thereof; (d) Have authority to transfer or reassign equipment, material and supplies among offices, departments and agencies of the County upon approval of the County Executive; (e) Operate and maintain facilities for providing mailing as may be authorized by the County Executive or the County Legislature; (f) Be responsible for disposing of any surplus, obsolete or unwanted County property in a manner provided by state law; (g) Perform such other and related duties as may be required by the County Executive; and (h) Perform all the duties now or hereafter conferred or imposed by law. ARTICLE 5-A, Department of Planning, Development, and Public Transportation [Added by L.L. No ; amended by L.L. No ] 5-A.01. Department of Planning, Development and Public Transportation; Commissioner. There shall be a Department of Planning, Development and Public Transportation under the direction of a Commissioner who shall be appointed by the County Executive subject to confirmation by the County Legislature. The Commissioner shall serve at the pleasure of the 15

16 County Executive. The Commissioner shall hold the minimum of a Bachelor's Degree and shall be qualified for his or her position by training and experience including administrative management, supervision of professional planners and of support staff and shall have a minimum of eight (8) years of practical field experience in regional, county or municipal planning. He or she shall have the power, within budgetary appropriations, and in accordance with County policy, or as may be otherwise required by law, to appoint and remove such staff as he or she deems to be necessary. The Commissioner shall not hold any other public or political office, whether elected or appointed, as long as he or she remains in his or her current position of County employment. He or she, as well as all full time managerial employees in the department, shall serve on a full time basis and shall not engage in any private practice nor be employed in their field of expertise with the County by any private or other governmental entity, except any such employee hired prior to December 31, 2010 may continue in any private practice in their field of expertise until December 31, 2013 as long as they remain in their current position of County employment. 5-A.02. Commissioner of Planning, Development and Public Transportation: powers and duties. Except as otherwise provided in the Charter, the Commissioner shall have the power to: (a) Conduct technical evaluation, prepare proposals, position papers, plans, letters, memorandum and/or reports on County issues, programs and projects as required by the County Executive; (b) Administer Putnam County transit operations, including the coordination of public transportation services with local, state, county and regional public transit providers, the management of the County's transportation operations and the compliance with all federal and state laws and regulations related to public transit operations as well as the program requirements of the New York Metropolitan Transportation Council; (c) Conduct and/or supervise the preparation of planning studies related to comprehensive master planning regarding County development and the wise use of resources in Putnam County including, but not limited to, transportation, land use, open space, recreation, County facilities, farmland, natural and cultural resources, public works, parks, demographic and socio-economic data and ground water. Planning studies shall be transmitted to the County Executive for submission to the County Legislature; (d) Represents vi EN the County in dealings with various local, regional, state and federal agencies as well as with the private sector regarding County resources and planning, development and transportation matters; (e) Prepare and update, as needed, a Comprehensive Croton System Water quality Protection Plan (Croton Plan) as set forth in Section of the Rules and Regulations for the Protection, from Contamination, Degradation and Pollution of the New York City Water Supply and its sources; (f) Provide technical assistance, as required, with respect to the implementation of the New York City Watershed Memorandum of Agreement and any other related matter; (g) Research available grant programs at the local, state and federal levels as well as through other revenue sources and prepare all applications associated therewith so as to obtain the available financial assistance for County programs; (h) Plan and implement all bikeway trail projects; (i) Exercise all the powers and duties prescribed by law for a county or regional planning board, 16

17 pursuant to General Municipal Law, Article 12-B, 239 (l) - (n); (j) Assist the County Executive in executive planning including the preparation and planning of the capital budget and capital programs; (k) Administer all programs and projects conducted by the Soil and Water Conservation District; (l) Provide education and training programs in relation to transportation, planning, development and the environment; (m) Perform analyses of the U.S. Census data, which is conducted once every ten (10) years, as member vii EN of the New York State Data Center Affiliate Program and provide assistance to the public, not-for-profit agencies and other municipalities regarding the Census and other data relevant to Putnam County; (n) Review and prepare recommendations and comments on all municipal referred projects involving the State Environmental Quality Review Act as well as prepare all forms associated therewith on behalf of the County when necessary; (o) Perform such other and related duties as may be required by the County Executive; and (p) Perform all the duties now or hereafter conferred or imposed by law. ARTICLE 6, Department of Personnel Department of Personnel; Personnel Officer. [Amended by L.L. No ] There shall be a Department of Personnel under the direction of a Personnel Officer who shall be appointed by the County Executive subject to confirmation by the County Legislature. The Personnel Officer shall be appointed for a six year term in accordance with Section 15 of the New York State Civil Services Law. He or she shall hold at minimum a Bachelor's Degree and demonstrate at least five (5) years of experience in public personnel administration. He or she shall be appointed on the basis of his or her training and experience in personnel administration and other qualifications for the responsibilities of his or her office. The Personnel Officer shall have the power, with budgetary appropriations and in accordance with County policy or as may be otherwise required by law to appoint and remove such staff as may be necessary. Except as otherwise provided in this Charter the Personnel Officer shall have the power to: (a) Exercise all the powers an viii EN perform all the duties of a personnel officer as provided by the New York State Civil Service law; (b) Prepare and administer personnel rules for County officers and employees subject to approval by the County Executive and as otherwise provided by law; (c) Assist the County Executive in negotiations and administration on behalf of the County for personnel contract agreements with recognized employee representatives; (d) Be responsible for a comprehensive salary pal ix EN for the County, job training and development for employees and labor relations with County employees through the bargaining units in the County; (e) Be responsible for administration and coordination of all benefit programs and plans for all current County employees and eligible retired employees, as appropriate; (f) Administer civil service laws, rules and regulations for all Putnam County departments, towns, villages, school districts, public libraries and special districts; 17

18 (g) Provide certification for payroll by reviewing County officer's and employee's appointments and confirming that the appointments are in compliance the law, x EN rules and regulations; (h) Perform such other and related duties as may be required by the County Executive; and (i) Perform all the duties now or hereafter conferred or imposed by law Powers and duties of the Director of Personnel. Except as otherwise provided in this Charter the Director of Personnel shall: (a) Exercise all the powers and perform all the duties of a municipal civil service commission or personnel officer as provided by the Civil Service Law; (b) Prepare and administer personnel rules for County officers and employees subject to approval by the County Executive and as otherwise provided by law; (c) Assist the County Executive in negotiations and administration on behalf of the County for personnel contract agreements with recognized employee representatives; (d) Be responsible for the maintenance of a comprehensive salary plan, and for job training and development; (e) Perform such other and related duties as may be required by the Administrative Code, local law or the County Executive. ARTICLE 7, Financial Control Legislative control. Control of the financial affairs of the County government shall reside in the County Legislature, which may at any time cause an examination and audit of the books, records and papers pertaining to the money, funds or other property belonging to the County or over which the County shall have control Continuous audit. For the purpose of maintaining proper control and supervision over all fiscal affairs, the County Legislature shall: (a) Appoint an auditor with the responsibility for auditing vouchers and claims for payment against County funds or funds for which the County is responsible and shall certify the same for payment by the Commissioner of Finance; (b) Provide for an independent audit of all accounts of the County government at the close of each fiscal year by qualified public accountants who have no personal interest directly or indirectly in the financial affairs of the County or of any of its agencies. The result of such audits shall be transmitted to the County Legislature and made available to the public not more than ten (10) days after receipt by the Clerk of the Legislature Fiscal year. The fiscal year of the County shall begin with the first day of January and end with the last day of December. 18