AlbanyCounty.com
Albany County, New York

Consolidated* Albany County Charter

*Please Note: This document is a consolidation of relevant local laws. It has not been adopted in this format

Use the print command on your computer to print this document, then close this window to return to the page you were viewing.

ARTICLE I
ALBANY COUNTY AND ITS GOVERNMENT

     Section 101. Title and purpose. This Charter, together with any and all amendments, if any, shall provide for and constitute the form of government for Albany County (the "County") and be known as the "Albany County Charter." Among the purposes of this Charter are the separation of legislative and executive functions and responsibilities, the securing of the greatest possible county home rule, except where supersession is restricted by New York State Law, and the increase of efficiency, economy and responsibility in Albany County government.

     Section 102. County status, powers and duties. The County shall be and remain a municipal corporation and exercise all of the rights, privileges, functions and powers conferred upon it by this Charter and any other applicable statute not inconsistent with such Charter. It shall be subject to all duties and obligations imposed upon it by existing or subsequent laws not inconsistent with this Charter, including all powers necessarily incidental to, or which may be fairly implied from the powers specifically conferred upon the County.

   Section 103. Effect on State laws. This Charter provides a form and structure of county government in accordance with the provisions of the Municipal Home Rule Law. All special laws relating to the County and all general laws of the State of New York (the "State") shall continue in full force and effect except to the extent that such laws have been repealed, amended, modified or superseded in their application to the County by enactment and adoption of this Charter. Within the limitations prescribed in the Municipal Home Rule law, wherever and whenever any State law, general, special or local in effect, conflicts with this Charter or is inconsistent with this Charter, such law shall be deemed, to the extent of such conflict or inconsistency, to be superseded by this Charter insofar as the County is affected.

   Section 104. Effect on local laws, ordinances and resolutions. All local laws, ordinances and resolutions of the County legislature previously adopted, and all of the laws of the State relating to the towns, cities, villages or districts of the County all continue in full force and effect, except to the extent that such laws have been repealed, amended, modified or superseded in their application to the County by the enactment and adoption of this Charter.

   Section 105. Gender. Whenever the context shall require, all words used in this Charter in the female gender shall be deemed to include the male or neuter gender, all singular words  deemed to include the plural, and all plural words deemed to include the singular.

   Section 106. Definitions. All terms not otherwise defined in this Charter shall have the meanings provided below:

a. "Administrative Code" shall mean the Administrative Code, if any, adopted by the County Legislature.

b. "Administrative Unit" shall mean any department, division, bureau, office, board or commission or other agency of County government., or any subordinate part of the foregoing.

c. "Administrative Head" shall mean the head of any Administrative Unit.

d. "Authorized Agency" shall mean any agency authorized by this Charter, Administrative Code or applicable law, including, but not limited to, those authorized by the County Law, to receive and expend County funds for a County purpose.

e. "Capital Program" shall mean the plan of Capital Projects proposed to be undertaken during a five year period, the estimated cost of such projects, and the proposed method of financing. It shall be arranged in such manner as to indicate the order of priority of each project, and to state for each project:

(i) a description of the proposed project and the estimated total cost;

(ii) the proposed method of financing, indicating the amount proposed to be financed by direct budgetary appropriation or duly established reserve funds; the amount, if any, estimated to be received from the federal and/or state governments; and the amount to be financed by the issuance of obligations, showing the proposed type or types of obligations, together with the period of probable usefulness for which they are proposed to be issued; and

(iii) an estimate of the effect, if any, upon operating costs of the municipal corporation within each of the three fiscal years following completion of the project.

f.   "Capital Project" shall mean (i) any physical betterment or improvement including furnishings, machinery, apparatus or equipment for such physical betterment or improvement when first constructed or acquired, or (ii) any preliminary studies and surveys relating to any physical betterment or improvement, or (iii) land or rights in land, or (iv) any combination of (i), (ii), or (iii).

g.   "Chairperson" shall mean the chairperson of the County  Legislature.

h.  "Charter" shall mean this Albany County Charter and all its amendments, if any.

i. "Clerk" shall mean the clerk of the County Legislature.

j.   "County" shall mean the County of Albany.

k. "County Executive" shall mean the elective chief executive officer of the County, who shall govern according to those powers provided for in this Charter, or under any other provision of applicable law.

l.   "County Law" shall mean the County Law of the State of New York.

m. "County Legislature" shall mean the elective legislative, appropriating and policy determining body of the County. Whenever the term "County Board", Board of Supervisors," "County Governing Board," or it elective governing body of the County," is referred to in any law it shall be deemed to mean and refer to the County legislature.

n.   "Department" shall mean the Administrative Unit which is the primary level of County government.

o.  "Department Head" shall mean the administrative head of any Department, and may also be referred to herein as a Commissioner or Director.

p.   "Division" shall mean the Administrative Unit which is the secondary level of County government.

q.   "Election Law" shall mean the Election Law of the State of New York.

r.   "Executive Law" shall mean the Executive Law of the State of New York.

s.  "Final Annual Budget" shall mean the final annual budget of the County, as adopted by the County Legislature by December 20th of each year.

t.   "General Municipal Law" shall mean the General Municipal Law of the State of New York.

u.  "Legislative Budget Report" shall mean the report by the County Legislature containing proposed changes to the Tentative Annual Budget.

v.   "Legislative Operational Budget" shall mean the operational budget for the County Legislature and its staff.

w.  "Local Law" shall mean a legislative act of the County Legislature adopted pursuant to the Municipal Home Rule Law, but shall not mean or include a resolution, ordinance or other similar act of the County Legislature.

x.   "Local Finance Law" shall mean the Local Finance Law of the State of New York.

y.   "Municipal Home Rule Law" shall mean the Municipal Home Rule of the State of New York.

z. "Political Party Committee" shall mean any committee of a political party, as defined under the Election Law of the State of New York.

aa. "Public Office" shall mean any office of federal, state or local government whether elected or appointed.

ab. "Public Officers Law" shall mean the Public Officers Law of the State of New York.

ac. "Quorum" shall mean a majority of the Whole Number of the membership of the County Legislature, other group of persons or officers charged with any County public power, authority or duty to be performed or exercised by them jointly.

ad. "Real Property Tax Law" shall mean the Real Property Tax Law of the State of New York.

ae. "Secretary of State" shall mean the Secretary of State of the State of New York.

af. "Tentative Annual Budget" shall mean the tentative annual budget proposed for the County by the County Executive for submission to the County Legislature.

ag. "Whole Number" shall mean the total number of persons which the County Legislature or other group of persons would have were (i) there no vacancies and (ii) none of the persons disqualified from acting.

http://www.AlbanyCounty.com

Copyright (c) 2005 Albany County, New York. All Rights Reserved.