Personnel Committee MINUTES OF MEETING February 28, 2019 Special meeting relative to the position of the Attorney for the Legislature and Special Districts Minutes of a special meeting of the Personnel Committee of the Chemung County Legislature held in the Hazlett Building, 5 th Floor, 203 Lake Street, Elmira, New York on Thursday, February 28, 2019 Members and officials present: David Manchester, L. Thomas Sweet, Joseph Brennan, Mark Margeson, Brian Hyland, Christina Sonsire, Peggy Woodard, John Burin, Martin Chalk, Robert Briggs, William McCarthy, Scott Drake, Michael Smith, Rodney Strange, Bryan Maggs, Vincent Azzarelli, Matthew Hourihan Legislators excused: John Pastrick The meeting was called to order by the Chairman of the committee, Martin Chalk. The Chairman of the Legislature, David Manchester, provided the Legislators with an overview of the events which have transpired over the past week that necessitated the Resolutions that are before the Personnel Committee for consideration. Mr. Manchester stated that on February 21, 2019 he received a letter from County Executive, Christopher Moss, stating that the position of Attorney to the Legislature and Special Districts is a County Executive appointment and requested documentation indicating otherwise. The County Executive made it clear that it was his intention to appoint an Attorney to the Legislature and Special Districts pursuant to Resolution 01-120. Mr. Manchester responded to the County Executive, via written correspondence, on February 27, 2019. In his letter, the Chairman provided the documentation requested, including Resolutions and historical past practice of appointments to the position of Attorney to the Legislature and Special Districts, and references to County Law 204 and the specific sections of the Chemung County Charter supporting the position that the Chairman of the Legislature has the authority to appoint the Attorney to the Legislature and Special Districts. It was noted that since the position's inception no Attorney to the Legislature has been appointed by anyone other than the Chairman with confirmation by the Legislature. The Chairman, Vice Chairman, Majority Leader and Minority Leader met with the County Executive and Deputy County Executive to try to work out their difference of opinion regarding the interpretation of the Charter. The County Executive rejected all offers of mediation or remedy for the situation and suggested that the issue should be taken to the courts to decide. On February 27, 2019 Bryan Maggs received a letter from County Executive Moss terminating his employment as Attorney to the Legislature and Special Districts effective March 1, 2019. Mrs. Sonsire added that there are only two instances in which the County Executive has veto authority: A Local Law or the Budget. Both have to be done within fifteen days of the passage of the Legislation. She noted that the Legislature unanimously confirmed the appointment of the Attorney to the Legislature and Special Districts by Resolution 19-003 on January 1, 2019. If this action by the County Executive goes unchallenged it leaves the door open to Executive override of any Resolution, essentially rendering the Legislature powerless. Mrs. Sonsire stated that it is critical, from a separation of powers standpoint, that the Legislature, as an independent branch of government, have access to independent legal counsel. Motion made by Christina Sonsire, seconded by Brian Hyland, and Passed with a vote of 6-0,
affirming appointment of the Attorney to the Legislature and Special Districts and the appointing authority of the Chairman and members of the Chemung County Legislature. Mrs. Sonsire explained that the Article 78 Proceeding is a mechanism to bring the matter before a judge to settle the dispute. The judge could issue a temporary restraining order until a final decision can be made. This would allow the employment of the Attorney to the Legislature and Special Districts to continue until the case is settled. The Legislature will be asking the judge for a Writ of Prohibition stating that the action of terminating the employment of the Attorney to the Legislature and Special Districts by the County Executive was in violation of the law. Mr. Margeson noted that Section 1601 of the Chemung County Charter defines the Department of Law, headed by a County Attorney, appointed by the County Executive. He asked if the Attorney to the Legislature position is separate from the County Department of Law. Mr. Maggs noted that when the Attorney to the Legislature and Special Districts position was created by New York State Civil Service Law it was created in the Department of the Legislature, not the Department of Law. The Legislature was the originating department for the request of the creation of the position. The Attorney to the Legislature answers to the Chairman of the Legislature, not the County Executive. Mr. Margeson asked if was possible that there was more information that may be forthcoming regarding the County Executive's decision to terminate Mr. Maggs. He cannot believe that the County Executive would put himself and the Legislature in this position if there wasn't something else involved. Mr. Margeson suggested that the Legislature wait until more information can be received before authorizing an Article 78 Proceeding. Mr. Chalk and Mr. Manchester both noted that they do not believe there will be any additional information coming in the next few days. There is no time to wait, immediate action is necessary to halt the unlawful termination of Mr. Maggs. Motion made by Michael Smith, seconded by L. Thomas Sweet, and Passed with a vote of 6-0, authorizing an Article 73 Proceeding. Prior to consideration of the Resolution adopting Local Law Introductory No. 2 for the year 2019, Mr. Manchester explained that the Local Law doesn't take away any powers from the County Executive. The purpose for adopting the Local Law is to outline, strengthen and clarify the Legislatures power and authority. If approved by the Personnel Committee it will come before the Legislature for adoption on March 11, 2019. Mrs. Sonsire informed the Legislature that the County Executive has the power to veto within fifteen days of the Legislature's adoption of the Local Law. If the County Executive utilizes his veto power, it would require a Super Majority Vote (10 votes) of the Legislature to over-ride the veto. Motion made by Christina Sonsire, seconded by Michael Smith, and Passed with a vote of 6-0, 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 (files 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). The meeting was adjourned on the motion by Mr. Sweet, seconded by Mr. Smith. Motion carried.
CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION Resolution affirming appointment of the Attorney to the Legislature and Special Districts and the appointing authority of the Chairman and members of the Chemung County Legislature Resolution #: 01 Slip Type: SEQRA status State Mandated OTHER False Explain action needed or Position requested (justification): Resolution affirming appointment of the Attorney to the Legislature and Special Districts and the appointing authority of the Chairman and members of the Chemung County Legislature. CREATION: Date/Time: Department: 2/26/2019 3:46:10 PM Legislature Chairman APPROVALS: Date/Time: Approval: Department: 2/27/2019 3:59 PM Approved Legislature Chairman ATTACHMENTS: Name: Description: Type: No Attachments Available Item # 1
CHEMUNG COUNTY ROUTE SLIP * PERSONNEL REQUISITION Resolution authorizing an Article 78 Proceeding Resolution #: 02 Slip Type: SEQRA status State Mandated OTHER False Explain action needed or Position requested (justification): An Article 78 proceeding is a special proceeding initiated in New York State Supreme Court under Article 78 of the New York Civil Practice Law and Rules (Chapter 8 of the Consolidated Laws of New York). The Legislature seeks a writ of prohibition to nullify the action by the County Executive terminating the employment of the Attorney to the Legislature and Special Districts as the same is without authority, improper, unlawful, and in excess of his authority and jurisdiction. CREATION: Date/Time: Department: 2/27/2019 4:09:55 PM Legislature Chairman APPROVALS: Date/Time: Approval: Department: 2/28/2019 10:43 AM Approved Legislature Chairman ATTACHMENTS: Name: Description: Type: No Attachments Available Item # 2
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 #: 03 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 - Item # 3
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: 2/26/2019 4:01:58 PM Legislature Chairman APPROVALS: Date/Time: Approval: Department: Item # 3
2/28/2019 4:08 PM Approved Legislature Chairman ATTACHMENTS: Name: Description: Type: No Attachments Available Item # 3