NY-ACG Alternative County Government Law NY

Short title. This chapter shall be known as the "Alternative

county government law."

Application. This chapter shall apply to all counties, except

that:

1. It shall not apply to counties within the city of New York.

2. It shall not affect the form of government in operation in a county

which shall have heretofore adopted or shall hereafter adopt an

alternative form of county government pursuant to any law other than

this chapter, except that any such county may adopt any one of the

alternative forms of county government provided in this chapter by the

procedure herein provided.

Authorization; alternative forms; variations. 1. Any county is

hereby authorized to adopt one of the alternative forms of county

government provided in this chapter in accordance with the procedure

specified in article fourteen.

2. Alternative forms of county government provided by this chapter

shall consist of: The "county administrator form"; the "county manager

form"; the "county director form"; and the "county president form".

3. In connection with any alternative form of county government, a

county may adopt one or more variations in structure, organization and

distribution of functions authorized by this chapter. Any and each

combination of provisions for the government of a county and the units

of local government therein contained which is authorized by this

chapter is hereby declared to be one of the alternative forms of county

government provided by this chapter.

Definitions. As used in this chapter the following terms shall

mean and include:

1. "County". Any county other than a county within the city of New

York.

2. "County executive". A county administrator, county manager, county

director or county president.

3. "County administrator form". The form of county government

prescribed by section fifty of this chapter.

4. "County manager form". The form of county government prescribed by

section fifty-one of this chapter.

5. "County director form". The form of county government prescribed by

section fifty-two of this chapter.

6. "County president form". The form of county government prescribed

by section fifty-three of this chapter.

7. "Unit of local government". A city, town or village within the

county.

8. "Population". The population shown by the last completed federal

census.

9. "Administrative unit". An office, department, division, bureau,

board or commission, or any other agency of county government.

10. "Spending agency". Any administrative unit of the county or office

which expends or incurs obligations for the expenditure of county money.

11. "Auditing authority". The county comptroller, except that with

respect to the county administrator form, it shall mean the county

auditor.

12. "County act". A local law or resolution adopted by the board of

supervisors.

13. "Local law". A law adopted by the board of supervisors pursuant to

this chapter or other act of the legislature in accordance with the

provisions of the municipal home rule law.

14. "Whole number". Shall have the meaning defined in section

forty-one of the general construction law.

15. "County-using agency". Any administrative unit of the county which

uses any supplies, materials or other articles.

County administrator form. A county which shall adopt the county

administrator form of government shall have a county executive to be

called "county administrator." The board of supervisors shall appoint

the county administrator to serve during the term of office for which

the members of such board then in office were elected. Successors shall

be appointed for like terms. Vacancies shall be filled by appointment by

the board of supervisors for the remainder of the term of office for

which the members of such board then in office were elected. No member

of the board of supervisors, other than the chairman shall, during the

term for which he was elected, be eligible for appointment as county

administrator. The board of supervisors may appoint the chairman of the

board of supervisors as county administrator, who shall perform the

duties of county administrator concurrently with those of chairman but

without additional compensation. The county administrator may, when

authorized by local law, serve as the head of one or more departments

not administered by an elective official but without additional

compensation. The board of supervisors shall appoint a county auditor

who shall serve during the term of office for which the members of such

board then in office were elected. Successors shall be appointed for

like terms. In any county having an elective county auditor, the

incumbent of the office shall continue in office, unless a vacancy

otherwise occurs, until the expiration of the term of office for which

he was elected. Vacancies in the office of county auditor shall be

filled by appointment by the board of supervisors for the remainder of

the term of office for which the members of such board then in office

were elected. The county auditor shall audit all claims, accounts and

demands which are made county charges by law and which otherwise would

be audited by the board of supervisors. The county treasurer shall pay

the amounts audited and certified by such auditor as if the same had

been audited by the board of supervisors. The provisions of section

three hundred sixty-nine of the county law shall apply to the audit and

payment of claims against the county. The county administrator, subject

to confirmation by the board of supervisors, shall appoint a county

purchasing agent who shall serve during the term of office of the

administrator. Successors shall be appointed for like terms. Vacancies

in the office of county purchasing agent shall be filled by appointment

in like manner for the remainder of the term. The county purchasing

agent shall have and exercise all functions, powers and duties vested in

or imposed upon the office under article nine of this chapter or other

general law. The foregoing provisions of this section, together with

other applicable provisions of this chapter, including those provisions

which may be made applicable, shall constitute the structure of the

county administrator form of government authorized to be adopted by this

chapter.

County manager form. A county which shall adopt the county

manager form of government shall have a county executive to be called

"county manager." The board of supervisors shall appoint the county

manager to serve during the pleasure of the board of supervisors. At the

time of his appointment he need not be a resident of the county or the

state, but during his term of office he shall reside within the county.

No member of the board of supervisors shall, during the term for which

he was elected, be eligible for appointment as county manager. Subject

to any applicable provisions of the civil service law, the county

manager shall appoint, supervise and at pleasure remove every other

administrative officer and employee of the county except those elected

by vote of the people and their subordinates, except that (1) the county

manager may, when authorized by local law, serve without additional

compensation as the head of one or more departments not administered by

an elective official and (2) the county manager may delegate to any of

his subordinates the power to appoint or remove persons working under

the supervision of such subordinate. The foregoing provisions of this

section, together with the other applicable provisions of this chapter,

including those provisions which may be made applicable, shall

constitute the structure of the county manager form of government

authorized to be adopted by this chapter.

County director form. A county which shall adopt the county

director form of government shall have a county executive to be called

"county director." The board of supervisors shall appoint the county

director. The term of office of the county director first appointed

shall be four years from and including the first day of January of the

year in which the county director form becomes effective in the county.

Successors shall be appointed for terms of four years each. Vacancies

occurring otherwise than by expiration of term shall be filled by

appointment by the board of supervisors for the unexpired portion of the

term. The county director may, when authorized by local law, serve as

the head of one or more departments not administered by an elective

official but without additional compensation. The foregoing provisions

of this section, together with other applicable provisions of this

chapter, including those provisions which may be made applicable, shall

constitute the structure of the county director form of government

authorized to be adopted by this chapter.

County president form. A county which shall adopt the county

president form of government shall have a county executive to be called

"county president." The office of county president shall be elective.

The term of office of the county president first elected shall be three

years from and including the first day of January of the second calendar

year in which the county president form becomes effective in the county.

Successors shall be chosen by the electors of the county for terms of

four years each. A vacancy occurring otherwise than by expiration of

term shall be filled by appointment by the board of supervisors and the

person so appointed shall hold office until the commencement of the

calendar year next succeeding the first general election at which the

vacancy may be filled. The county president may, when authorized by

local law, serve as the head of one or more departments not administered

by an elective official but without additional compensation. The board

of supervisors of the county shall continue to have and exercise all the

functions, powers and duties of boards of supervisors as now or

hereafter provided by this chapter or by other law, except as limited or

otherwise provided by this section. The county president shall have

power, as provided in subdivision five of section twenty of the

municipal home rule law, to veto any local law passed by the board of

supervisors. The foregoing provisions of this section, together with

other applicable provisions of this chapter, including those provisions

of this chapter which may be made applicable, shall constitute the

county president form of government authorized to be adopted by this

chapter.

Modification of alternative form after adoption. A county which

shall have adopted an alternative form of county government may, in like

manner and with like approval of the electors of the county, as provided

by this chapter for submission and adoption of an alternative form of

county government, supplement the form of government theretofore

approved by adding thereto any provisions which might have been adopted

originally or delete or change any provisions of the form so as to leave

it in a modified form which could have been adopted originally, and the

form of government as thus modified shall, from and after the time it

becomes effective, have the force and effect of, and be deemed to be, an

alternative form of county government.

Change from one alternative form of county government to

another. A county operating under an alternative form of county

government may, after the lapse of three years from the date such form

becomes effective in the county, abandon its then existing form and

adopt another alternative form of county government authorized by this

chapter, and such change shall become effective at the time provided in

subdivision five of section six hundred fifty-six. No such question

shall be submitted more often than once in every four years. All of the

provisions of this chapter relating to initiating a proceeding for the

adoption of an alternative form of county government and to the

submission and approval of the question shall apply also to a change

from one alternative form of county government to another as authorized

in this section. The question shall be in substantially the following

form: "Shall the county of (name of county) abandon its present form of

county government and adopt the (name of form) of government?"

Abandonment of existing alternative form. A county which shall

have adopted an alternative form of county government may, after the

lapse of three years from the date such form becomes effective in the

county, rescind its previous action and elect to be governed by the

provisions of the county law as then or thereafter in force. No such

question shall be submitted more often than once in every four years.

All of the provisions of this chapter relating to initiating a

proceeding for the adoption of an alternative form of county government

and to the submission and approval of the question shall apply also to

the abandonment of an existing alternative form of county government as

authorized by this section. Any such question shall become effective, if

approved, on the first day of January of the year specified in the

petition or resolution, and if no year be specified, shall become

effective on the first day of January of the second year after its

adoption. The question shall be in substantially the following form:

"Shall the county of (name of county) abandon its present form of county

government and be governed by the county law after January first

(year)?"

Terms of elective county officials not to be abridged. The term

of office of an elective county official shall not be abridged by reason

of the approval of any question providing for the adoption in the first

instance of an alternative form of county government or modification,

change or abandonment, of any such form previously adopted. If an

elective official of the county is continued in office after his office

is abolished, he shall perform such related duties for the remainder of

his term, unless a vacancy otherwise occurs, as may be assigned to him:

(1) in case of the modification or change of an existing form of county

government, by the county executive; or (2) in case of the abandonment

of an existing form, by the board of supervisors of the county. He shall

be paid a compensation to be fixed by the board of supervisors and paid

by the county.

Choice between election and appointment of officials. 1. The

office of comptroller, in a county where the office would otherwise be

elective, or any elective county office that is being continued except

that of a supervisor or a judicial officer, may be made appointive by

provision therefor in the petition or resolution by which an alternative

form of county government or a change in such a form is initiated and by

vote of the people as provided in article fourteen. This option shall

apply to elective officers provided for in the constitution as well as

to others. By like action the office of county commissioner of public

welfare, in a county where the office would otherwise be appointive, or

any formerly elective office that has been made appointive pursuant to

this section, may be made elective. Whenever one of the options provided

for in this section is submitted to the people, it shall be submitted as

a separate question. Its adoption may, however, be made contingent on

the adoption of another question submitted at the same time if the

petition or resolution by which it is initiated so provides.

2. Except as otherwise expressly provided in this chapter, every

elective official of a county shall remain elective after the adoption

of an alternative form of government and shall continue to perform the

functions pertaining to his office.

3. When an office which could be made appointive remains or becomes

elective under an alternative form of county government, the term of

such office shall be four years from and including the first day of

January after each election to the office, except that the term of the

first official elected to such office after the alternative form takes

effect shall be three years if the term begins in an odd-numbered year.

Elections shall take place at the general elections in the last year of

each term. When an appointive office is made elective, the first

election to the office shall take place at the next general election.

4. When an elective office is made appointive, the appointment shall

be made as provided in section two hundred two for a term coterminous

with the term of the county executive or board of supervisors making the

appointment, except that it may be shortened as provided in subdivision

three if the office is made elective and that the person so appointed

shall continue to serve until his successor is chosen and has qualified.

If a vacancy occurs in such an office, it shall be filled similarly by

appointment for the balance of the term.

Board of supervisors. 1. A county adopting an alternative form

of county government shall continue to have a board of supervisors. The

supervisors of the several cities and towns in the county, when lawfully

convened, shall constitute the board of supervisors.

2. If the petition or resolution for the adoption of an alternative

form of county government or for the modification or change of an

alternative form previously adopted shall so provide and the adoption,

modification or change shall be approved by the voters as herein

provided, the members of the common council or other legislative

governing body of each city within the county shall serve as the members

of the county board of supervisors representing such city and no

separate city supervisors shall be elected. In such case each city shall

continue to have the number of votes on the board of supervisors which

it would have had if this option had not been exercised and the votes of

each city shall be divided equally among the members representing such

city.

General powers. The board of supervisors of any such county

shall be the legislative and policy determining body of the county and

shall, except as otherwise expressly provided in the alternative form

adopted by the county, continue to be vested with all the functions,

powers and duties of the county and of the board of supervisors as now

or hereafter provided by law.

Specific powers. In pursuance of and in addition to all powers

specified in section one hundred one, the board of supervisors, subject

to the provisions of the alternative form adopted by the county, shall

have power to:

1. Create, organize, alter, consolidate or abolish administrative

units and transfer and assign their functions, powers and duties.

2. Exercise all powers of local legislation under the provisions of

article six of the county law or other act of the legislature.

3. Adopt the annual county budget as provided in article seven of the

county law.

4. Fix the compensation of all officers and employees of the county

paid from county funds, except judicial officers, as provided in the

county law.

5. Fix the number of deputies, assistants and clerks in the several

administrative units of the county.

6. Provide for the assumption and discharge by county officers and

other officials paid from county funds of such functions of cities,

towns and villages as may devolve upon the county under or pursuant to

the alternative form of county government, or modification or change,

adopted by the county.

7. Fix the amount of bonds of all officers and employees paid from

county funds.

8. Employ such legal, financial or other technical advisers as may be

necessary from time to time, in relation to the performance of any of

the functions of the alternative form of government adopted by the

county.

9. Make appropriations, levy taxes and incur indebtedness in the

manner provided by law for the purpose of carrying out any of the

functions, powers and duties conferred or imposed on the county or on

any officer or administrative unit of the county, by the alternative

form of government adopted by the county or otherwise by law.

10. Make appropriation for the expenses of any advisory board.

11. Investigate the official conduct and the accounts, receipts,

disbursements, bills and affairs of any administrative unit or of any

officer paid from county funds of the county.

12. Make such studies and investigations as it deems to be in the best

interest of the county, and for such purposes subpoena witnesses,

administer oaths and require the production of books, papers and other

evidence deemed necessary or material to the inquiry.

13. Whenever it is not clear what officer shall exercise any power or

perform any duty conferred or imposed upon the county or an officer

thereof, designate the officer who shall perform the service. Pending

action by the board of supervisors, the county executive may make a

temporary assignment.

14. Determine and make provision for any matter of county government

not otherwise provided for, including any matter involved in transition

to the form of government adopted by the county.

15. Enact such county acts and make such reasonable rules and

regulations as may be necessary and proper to carry out the form of

alternative county government adopted by the county.

Expiration of term. Every county executive elected or appointed

for a fixed term shall hold over and continue to discharge the duties of

his office after the expiration of his term until his successor is

chosen and has qualified, but after the expiration of such term the

office shall be deemed vacant for the purpose of choosing his successor.

All provisions of section five of the public officers law not

inconsistent with this chapter shall apply.

Compensation. The county executive shall be paid an annual

compensation to be fixed by the board of supervisors of the county in

accordance with the provisions of the county law.

County executive to hold no other elective office. The county

executive shall, during the term for which he was elected or appointed,

hold no other elective office, except as otherwise provided in section

fifty of this chapter.

Qualifications. A person holding the office of county executive

shall have the qualifications prescribed by section three of the public

officers law, except as otherwise provided in section fifty-one of this

chapter.

Removal of county executive. 1. A county president may be

removed in the manner provided in sections thirty-three, thirty-four and

thirty-five of the public officers law.

2. A county manager may be removed by majority vote of the whole

number of the members of the board of supervisors for any reason deemed

by the board to be sufficient.

3. An appointive county executive, other than a county manager, may be

removed by a two-thirds vote of the whole number of the members of the

board of supervisors for any of the following reasons:

(a) because at the time of his appointment he was ineligible or has

since become ineligible to hold such office; or

(b) for malfeasance or nonfeasance in office; or

(c) upon conviction of a felony or of a misdemeanor involving moral

turpitude; or

(d) for failure to perform the duties of his office in an honorable,

competent and reasonably efficient manner; or

(e) if he becomes morally, physically or mentally unfit to act in

behalf of the county.

4. Before an appointive county executive can be removed, he must be

given ten days' written notice of the proposed action, and if he so

demands, must within ten days after such demand, and at least ten days

before the board of supervisors votes to remove him, be furnished with a

written statement of the charges against him or the reasons for his

removal in order that he may reply thereto. If he so demands within five

days after receiving such statement or at any time prior thereto, he

shall also have the right to a hearing on such charges or reasons

arranged with at least five days' public notice at a public meeting of

the board of supervisors held within fifteen days of such demand and the

board of supervisors shall not vote on the question of his removal until

at least ten days after such hearing. Pending removal, the board of

supervisors may suspend him from office, except that the period of

suspension shall not exceed fifty days. The action of the board of

supervisors in suspending or removing a county manager shall not be

subject to review. Such action in suspending or removing a county

executive other than a county manager shall be subject to review under

article seventy-eight of the civil practice law and rules.

Powers and duties. 1. The county executive, except as otherwise

provided by this chapter or by other law, shall:

(a) Be the administrative head of the county government.

(b) Have supervision, direction and control over governmental

functions of all administrative units of the county.

(c) Have and exercise all functions, powers and duties of budget

officer under article seven of the county law.

(d) Do and perform such additional acts, duties and governmental

functions as may be delegated to him by county act.

(e) Report to the board of supervisors annually on or before the first

day of February, a statement of the activities of the several

administrative units of the county during the preceding fiscal year in

such detail as the board of supervisors shall direct.

(f) See that all laws of the state and all county acts pertaining to

the administration of county government are enforced.

(g) Report to the board of supervisors the failure of any county

officer or other official paid from county funds, or the head of any

administrative unit, institution or other county agency to enforce any

law or county act which such official has been charged to perform.

(h) Examine and approve or disapprove the form and sufficiency of

sureties on official bonds and undertakings.

(i) Report to the board of supervisors the removal of any appointive

officer or employee of the county in the manner and within the time

prescribed by local law.

(j) Present to the board of supervisors, from time to time, such

information concerning the affairs of the county as he may deem

necessary or as the board of supervisors by county act may request.

(k) Attend meetings of the board of supervisors if he so desires or is

requested by the board of supervisors so to do.

2. When delegated to him by county act, the county executive shall

have and exercise the following functions, powers and duties: (a) to

coordinate the various activities of the county and unify the management

of its affairs; (b) to cause an audit and examination to be made of the

books, records and papers of any administrative unit of the county and

of any county officer or other official paid from county funds and

report thereon to the board of supervisors with all convenient speed;

and (c) to supervise the administration of all functions transferred to

the county from units of local government and make recommendations

thereon to the board of supervisors.

Deputy county executive. 1. The board of supervisors shall have

power to authorize the county executive to appoint one or more deputy

county executives. Every appointment of a deputy county executive shall

be in writing filed and recorded in the office of the county clerk. Any

such appointment may be revoked by the county executive at any time by

filing a written revocation in the office of the county clerk.

2. A deputy county executive shall perform such duties pertaining to

the office as may be directed by the county executive.

3. The deputy designated by the county executive for the purpose shall

have the powers and perform the duties of the county executive during

his absence or disability.

4. If more than one deputy county executive shall be appointed, the

county executive shall designate in writing and file in the office of

the county clerk and clerk of the board of supervisors the order in

which such deputies shall exercise the powers and duties of the office

in the event of the absence or inability of such county executive to

perform the duties of the office.

5. The head of any department may be designated to serve as deputy

county executive but without additional compensation. In the event that

no deputy county executive has been appointed or designated, or in the

event that the deputy appointed or person so designated is unable to

serve, the board of supervisors shall designate the head of a department

or other qualified person to perform the duties of the office during the

absence or inability of the county executive.

Departments. Each county adopting the county manager form, the

county director form or the county president form shall have a

department of finance, a department of audit and control, a department

of public works, a department of purchase and a department of public

welfare. Each county adopting the county administrator form shall have a

department of finance and a department of public welfare. All offices,

commissions, boards, bureaus and other agencies of the county, so far as

consistent with the alternative form adopted, shall continue until

modified, amended, superseded or repealed by or pursuant to the

alternative form of county government adopted, or by or pursuant to

local law.

Reorganization of departments. When authorized by local law,

and in accordance with its provisions, the county executive may

establish additional departments or change the functions of existing

departments under his jurisdiction, provide for their organization and

maintenance and assign to each the functions it shall perform, including

functions exercised at the time of such reorganization by any other

administrative departments, offices or agencies of the county not headed

by elective officers. Any such department, office or agency, when all of

its functions are so assigned, may be abolished by local law. County

functions not expressly assigned by this chapter shall be distributed

among departments as may be provided by local law.

Department heads. 1. The county executive shall appoint, to

serve during his pleasure, the head of every department or office not

administered by an elective official, except that an appointive auditor

or comptroller shall always be appointed by the board of supervisors and

except as otherwise specifically provided in this chapter. The

appointment of the head of any department or office in a county adopting

the county administrator form, the county director form or the county

president form, shall be subject to confirmation by the board of

supervisors. The county executive may with the approval of the board of

supervisors appoint one head for two or more departments. All

appointments shall be in writing under the hand of the county executive

and filed and recorded in the office of the county clerk. A duplicate

certificate of each appointment shall be filed with the clerk of the

board of supervisors within ten days after the appointment is made.

2. Subject to the provisions of section five of the public officers

law, the head of any such department or office, unless reappointed for a

new term, shall not be authorized or permitted to serve beyond the term

of the county executive by whom the appointment was made, except that he

shall continue to serve until his successor is appointed and has

qualified.

3. In any county adopting the county administrator form, the county

director form or the county president form, the county executive may

appoint the head of any department by interim appointment pending

confirmation. Any such interim appointment shall be effective for ninety

days only and may not be renewed or extended. The county executive may,

however, act as head of the department, or designate a deputy in the

department to be acting head until the appointment is confirmed or the

position otherwise filled.

4. The head of a department, one deputy and the confidential secretary

of the head of each department or office shall be in the exempt class of

the civil service. This section shall not affect any other position in

the exempt class now or hereafter included therein by or pursuant to

law.

5. Except as otherwise provided in this chapter and subject to any

pertinent provisions of the civil service law, the head of every

department and office shall appoint all of his subordinates. Except as

otherwise provided in the civil service law, such subordinates shall

serve during his pleasure.

Elective and appointive officers. Except as otherwise provided

in this chapter, all officers paid from county funds shall continue to

be elected or appointed as provided in the constitution and laws of this

state.

Confirmation by board of supervisors. Confirmation of

appointment of the head of any department or office when required, shall

be by affirmative vote of a majority of the whole number of members of

the board of supervisors taken at a regular meeting or at a special

meeting of the board of supervisors called for that purpose.

Vacancies in elective offices. Vacancy in the offices of

sheriff, coroner, county clerk, register, district attorney, and county

treasurer shall be filled by the governor with the advice and consent of

the senate if in session. When a vacancy shall occur, otherwise than by

expiration of term, in the office of judge of the county court,

surrogate, or judge of the family court outside the city of New York, it

shall be filled for a full term at the next general election held not

less than three months after such vacancy occurs and, until the vacancy

shall be so filled, the governor by and with the consent of the senate,

if the senate shall be in session, or, if the senate not be in session

the governor may fill such vacancy by an appointment which shall

continue until and including the last day of December next after the

election at which the vacancy shall be filled. All other vacancies in an

elective county office shall be filled by the board of supervisors.

Organization of departments and offices. Subject to approval by

the board of supervisors of the county, the county executive may

organize departments and offices into such divisions, bureaus or offices

and make such assignments of functions, powers and duties among them,

and from time to time change such organization or assignments, as he may

consider advisable.

Abolition of register or registrar. The office of register or

registrar, where such office exists in any county operating under an

alternative form of county government, may be abolished by local law and

its functions, powers and duties transferred to the county clerk, and

such local law shall not require submission to the people. Such

abolition and transfer may also be provided for in the petition or

resolution by which an alternative form of county government, or a

change in such a form, is initiated.

Department of finance. The head of the department of finance

shall be the director of finance, except that in counties adopting the

county administrator form, the head of the department shall be the

county treasurer. The director of finance shall be appointed as provided

in section two hundred two. In counties adopting the county manager

form, the county director form or the county president form, the office

of county treasurer is abolished and the functions, powers and duties of

the office, except as otherwise expressly provided, shall devolve upon

the department of finance. In a county in which the office of county

treasurer is abolished, the county treasurer in office at the time the

alternative form becomes effective in the county, shall perform the

duties of director of finance, unless a vacancy otherwise occurs, until

the expiration of the term for which he was elected county treasurer.

Whenever in this chapter the term "director of finance" is used, it

shall be deemed to mean and to refer to the county treasurer in counties

adopting the county administrator form of government.

Powers and duties. The director of finance, or county

treasurer, as the case may be, subject to the powers and authority of

the board of supervisors and of the county executive, shall:

1. Be the chief fiscal officer of the county.

2. Have charge of the administration of all the financial affairs of

the county, except as otherwise provided in this chapter.

3. Receive and have custody of all public funds belonging to or

handled by the county.

4. Collect all taxes, assessments, license fees and other revenues of

the county for whose collection the county is responsible, except those

payable by law to the county clerk or sheriff.

5. Deposit all funds coming into his hands in such depositories as may

be designated by resolution of the board of supervisors, or if no such

resolution be adopted then as designated by the county executive,

subject to the requirements of law as to depositories and depositories'

undertakings.

6. Have supervision over and be responsible for the disbursement of

all county funds.

7. Require reports of receipts and disbursements from all spending

agencies of the county to be made daily, or at such intervals as may be

required by county act.

8. Submit to the board of supervisors annually on or before the first

day of February a complete financial statement containing a general

balance sheet for the county, and at such other times as may be required

by county act.

9. Have charge of the administration of the function of assessment of

real property for taxation, in the event such function shall be

transferred from units of local government to the county, unless

otherwise delegated by local law.

10. Perform all the duties required by any law to be performed by the

county treasurer, unless such duties shall have been assigned to some

other county department or officer.

11. Have the custody, investment and management of any sinking funds

provided for the payment or redemption of county debts.

12. Perform such additional and related duties as the board of

supervisors shall require by county act.

Department of audit and control. 1. The head of the department

of audit and control in a county operating under the county manager

form, the county director form or the county president form shall be the

comptroller. The office of comptroller shall be elective, except that

under the county manager form it shall be appointive and under any of

the other forms provided by this chapter it may be made appointive by

vote of the people as provided in section fifty-eight.

2. If the comptroller is elective, the first comptroller elected under

the form adopted shall be elected at the first general election after

its adoption, except that, if the county has an elective county auditor

at the time of such adoption, the first comptroller shall be elected at

the general election in the last year of the term of the last county

auditor elected or, if the office of such auditor becomes vacant before

the last year of his term, at the next general election thereafter at

which the vacancy may be filled by the election of a comptroller. The

second comptroller shall be elected at the general election in the

second odd-numbered year after the year in which the first comptroller

is elected, and subsequent comptrollers shall be elected at the general

election in every fourth year thereafter. The term of office of the

comptroller shall be four years from and including the first day of

January next following his election, except that the first comptroller

elected shall serve for a term of three years if he is elected in an

even-numbered year. A vacancy in the office of an elective comptroller

occurring otherwise than by expiration of term shall be filled by

appointment by the board of supervisors and the person so appointed

shall hold office until the commencement of the calendar year next

succeeding the first general election at which the vacancy may be

filled.

3. If the comptroller is appointive, he shall be appointed by the

board of supervisors for an indefinite term and shall be removable by

the board of supervisors at its pleasure. If the office becomes vacant

in such a county, the board of supervisors may appoint an acting

comptroller pending its appointment of a new comptroller.

4. In counties adopting the county manager form, the county director

form or the county president form, the office of county auditor is

abolished, and the functions, powers and duties of the office shall

devolve upon the department of audit and control.

5. In a county having an elective county auditor wherein the office is

thus abolished, the last county auditor elected before the alternative

form becomes effective in the county shall perform the duties of

comptroller, unless a vacancy otherwise occurs, until the expiration of

the term for which he was elected county auditor. If the office of the

last auditor elected becomes vacant otherwise than by expiration of

term, the board of supervisors shall forthwith appoint a comptroller,

who shall serve until his successor is elected or appointed and has

qualified.

6. In a county having no county auditor or having an appointive county

auditor in which the form adopted provides for a comptroller, the board

of supervisors shall appoint a county comptroller as soon as the

alternative form takes effect and the person so appointed shall succeed

the county auditor, if any, forthwith and hold office until his

successor is elected or appointed and has qualified.

7. Nothing in this article contained shall be construed to impair the

powers of the county auditor in counties adopting the county

administrator form of government.

Powers and duties. The county comptroller shall:

1. Examine, audit and verify all books, records and accounts kept by

the various administrative units, offices, officials paid from county

funds, institutions and other agencies of the county, including bond and

note registers and trust accounts, and the accrual and collection of all

county revenues and receipts, and for this purpose have access to all

such books, records and accounts at any time.

2. Procure from the depositories with which the director of finance

shall have deposited the funds and moneys coming into his possession,

statements, at least monthly, of all moneys deposited by the director of

finance or paid out pursuant to his order, and reconcile such statements

with the county accounts.

3. Prescribe such methods of accounting for the county and other units

of local government of the county as he may deem necessary, provided the

same shall have been approved by the state comptroller and county

executive.

4. Submit to the board of supervisors periodic reports in such form

and detail and at such times as may be prescribed by county act.

5. Be the auditing authority of the county.

6. Perform such additional and related duties as the board of

supervisors shall require by county act.

Audit and payment of claims. All claims, accounts and demands

against the county shall be submitted, audited, allowed and paid in the

manner provided by section three hundred sixty-nine of the county law as

now in force or hereafter amended.

Department of public works. The head of the department of

public works shall be the director of public works. In counties adopting

the county manager form, the county director form and the county

president form, the office of county superintendent of highways and of

county engineer, if any, is abolished and the functions, powers and

duties of the office shall devolve upon the department of public works.

Nothing in this article contained shall be construed to impair the

powers of the county superintendent of highways in counties adopting the

county administrator form of government, and the county superintendent

of highways of any such county shall continue to have and exercise the

functions, powers and duties of his office as now or hereafter provided

by law.

Powers and duties. The director of public works shall:

1. Have charge of the construction and maintenance of county roads,

bridges, sewers, drains and all other public works of the county.

2. Have charge of the construction, repair, upkeep and care of all

public buildings, storerooms and warehouses of the county.

3. Have charge of such equipment and supplies as the board of

supervisors may authorize.

4. Have general supervisory power over town superintendents of

highways.

5. Have charge of county parks and playgrounds, athletic fields and

recreation centers, together with all buildings, structures, equipment

and appurtenances thereof, except in counties having a park and

recreation commission.

6. Have supervision of all public works and co-operate with and advise

any public works, sewer, water or other commission or bureau or

department specially created, and through his department provide

engineering services for all county departments, unless otherwise

specified by law.

7. Have and exercise all the powers and duties of the county

superintendent of highways as now or hereafter prescribed by law.

8. Have all the powers and be subject to all the duties of the town

superintendent of highways for every town in the county if the form

adopted provides for the transfer to the county of the functions of

towns in relation to the construction and maintenance of town highways

and bridges, and of the corresponding officials of any other units of

local government from which such functions are similarly transferred to

the county.

9. Perform such additional and related duties as may be prescribed by

general or special law or by county act.

Department of purchase. The head of the department of purchase

shall be the county purchasing agent. Nothing in this article contained

shall be construed to impair the powers of the county purchasing agent

in counties adopting the county administrator form of county government,

and the county purchasing agent of any such county shall continue to

have and exercise the functions, powers and duties of his office as now

or hereafter provided by the county law.

Powers and duties. The county purchasing agent except in a

county having adopted the county administrator form of county

government:

1. Shall, within the amount of the unencumbered balance provided by

appropriation therefor, make all purchases and contracts for the various

administrative units, officers and other officials paid from county

funds, institutions and other agencies of the county, except the

purchase of real estate, and may also make purchases for units of local

government of the county if authorized by local law and by appropriate

action by the governing board or body of the unit of local government

affected.

2. May with the approval of the county executive, transfer supplies,

materials, equipment and other articles from one administrative unit of

the county to another.

3. May with the approval of the county executive, sell, trade in and

exchange supplies, materials, equipment and other articles of the

county.

4. May with the approval of the county executive, establish suitable

specifications and standards for all supplies, materials, equipment and

other articles which the county purchases, and may inspect deliveries of

all such materials, equipment and other articles to determine their

compliance with such specifications and standards.

5. Shall let only after public advertisement and competitive bidding

every purchase or contract in an amount exceeding one thousand dollars

under rules and regulations to be established by local law except that

he may make any such purchase or contract without public advertisement

or competitive bidding: (a) when, by resolution duly adopted by a

two-thirds vote of the whole number of the members of the board of

supervisors, it is determined to be impracticable to advertise for such

bids or that a public emergency exists requiring immediate action; (b)

when the heating, ventilating, lighting, plumbing, air conditioning,

water, gas, sewerage or other operation functions, or the machinery,

apparatus or equipment of any of the public buildings of the county

shall become disabled, or any of the said buildings or parts thereof

shall be rendered unusable by reason of the sudden action of the

elements or any other unusual cause, and the county executive shall

certify in writing to the county purchasing agent such emergency and the

necessity of immediate repair of such defects, or (c) whenever the

machinery, apparatus or equipment of any kind for the upkeep of highways

becomes disabled or worn and the county executive shall certify in

writing to the necessity of purchases of new parts for repairs to the

same.

6. Shall not furnish any supplies, materials, equipment or other

articles to any county-using agency, except upon receipt of a

requisition approved by the head of such county-using agency, and unless

there be an unencumbered balance of appropriation available for payment

of the same.

7. Shall advertise for such bids when so required for at least three

consecutive days in an official newspaper of the county and let the

contract to the lowest responsible bidder who in the opinion of the

county purchasing agent is able to supply the items to be purchased to

the best interest of the county.

8. Shall, upon dates to be fixed by the board of supervisors and

covering periods to be specified by it, furnish to the director of

finance and to the clerk of the board of supervisors verified statements

of all purchases together with the quantity and price and shall furnish

to the board of supervisors such additional statement as the board of

supervisors shall direct.

9. Shall perform such additional and related duties as may be

delegated to him by county act.

Department of public welfare. 1. The head of the department of

public welfare shall be the county commissioner of public welfare. Any

inconsistent provision of this chapter notwithstanding, the county

commissioner of public welfare shall be appointed by the county

executive in accordance with the provisions of the social welfare law

for a term of five years. A vacancy in the office of the county welfare

commissioner whether occurring by expiration of term or otherwise shall

be filled by appointment by the county executive.

2. Any inconsistent provision of this chapter notwithstanding, the

deputy commissioners of public welfare, if any, shall be appointed and

serve in accordance with the provisions of the social welfare law.

Powers and duties. The county commissioner of public welfare

shall:

1. Have all the powers and perform all the duties conferred on or

required of a county commissioner of public welfare under the social

welfare law.

2. Have charge of the county home, county hospital, and any other

public welfare institution maintained by the county.

3. Perform such additional and related duties as may be delegated to

him by county act.

County park and recreation commission. The board of supervisors

of any county adopting an alternative form of county government under

this chapter may create a county park and recreation commission. The

commission shall consist of five members to be appointed by the county

executive with the approval of the board of supervisors. One of the

members shall be designated as chairman by the county executive with the

approval of the board of supervisors. The term of office of the members

of the commission shall be five years, except that of those first

appointed, one member shall be appointed for five years, one for four

years, one for three years, one for two years and one member shall be

appointed for one year. Successors shall be appointed in the same manner

as those originally appointed for terms of five years each. A vacancy

occurring otherwise than by expiration of term shall be filled by

appointment for the unexpired portion of the term. The members of the

commission shall receive for the services such compensation as may be

fixed by the board of supervisors, together with their actual expenses

incurred in the performance of their duties. The commission, with the

approval of the county executive, may appoint and at pleasure remove an

executive secretary and employ and contract for such engineers,

architects, experts and employees as may be necessary to perform the

duties of the commission. The secretary and each such engineer,

architect, expert or other employee shall receive a compensation to be

fixed by the commission within the scale and line item schedule of funds

appropriated by the board of supervisors. In any county having a

department of public works, county engineers and county architects, when

available, shall be assigned temporarily to the work of the commission

but without additional compensation. Nothing in this section contained

shall affect the civil service or retirement rights of any person

assigned to the work of the commission.

Parks, playgrounds and recreation centers. 1. The county is

hereby authorized to accept by gift and to acquire by purchase,

condemnation, lease or permit, and to own, construct, operate, maintain

and repair anywhere within the county outside of cities, parks,

playgrounds, athletic fields and recreation centers, together with

necessary buildings, structures, equipment and appurtenances, including,

but without limitation, public baths, swimming pools and auditoriums,

and to make the cost thereof a county charge. The county may contract

with any town or village for the operation by the county or by such town

or village of any park, playground, athletic field or recreation center

located within such town or village, whether owned by the county or by

such town or village, and make the cost thereof a county charge.

2. The board of supervisors shall have power by county act to regulate

the use of and to establish a schedule of charges for the use of such

parks, playgrounds, athletic fields, recreation centers and facilities

therein and may prescribe reasonable penalties for violations of its

rules and regulations. The board of supervisors may authorize the

operation, granting and sale of concessions by the commission or others

in or in connection with any such park, playground, athletic field or

recreation center. All moneys received by the commission shall belong to

the county and shall be paid into the county treasury monthly on or

before the tenth day of the month. The board of supervisors, upon

determination by county act that any playground, athletic field or

recreation center, or part thereof, or facility therein, is no longer

required for public use, may authorize the commission to sell or lease

the same under rules and regulations to be prescribed by local law.

Powers of commission. The county park and recreation commission

shall, subject to such rules and regulations as the board of supervisors

shall prescribe, have supervision, direction and control over the

operation, maintenance and repair of all parks, playgrounds, athletic

fields and recreation centers, including buildings, structures,

equipment and appurtenances constructed or otherwise acquired by the

commission within the county outside cities.

County assessment of real property. 1. If the alternative form

of county government, or the modification or change of any such form,

shall provide for the transfer to the county of the function of

assessment of real property from the towns, villages or cities, the

director of finance, or county treasurer, as the case may be, shall have

all the powers and perform all the duties of the assessment officers of

the unit of local government from which the functions of assessment have

been transferred to the county. All provisions of law which apply to the

assessment officers of such units of local government shall apply to

such officer, except that the board of supervisors may, by local law,

enact such provisions relating to the assessment of property in such

units of local government as shall not be inconsistent with the general

plan for the assessment of property contained in the tax law and subject

to the general supervision and authority of the state tax commission,

but which may include, without limitation of the power thus conferred, a

rearrangement of dates for the performance of acts, or the method of

giving notices, or the place of filing the assessment-roll so as to

coordinate the assessment work; provided, however, that the county board

of assessment review of such county, if there be one, shall review such

assessments in the manner provided in this article. It shall be the duty

of the director of finance to adopt scientific methods of assessment,

including tax and land value maps in the form approved by the state tax

commission.

2. If the function of assessment of real property is transferred from

the towns or the cities to the county, the school districts or parts

thereof within such towns or cities shall use the county assessment.

3. If the alternative form of county government provides for the

transfer to the county of the function of assessment of real property

from any units of government within the county, such form may provide

for a board of assessors, either three or five in number as provided in

the petition or resolution by which the form or the question of adopting

such board is initiated to be appointed by the board of supervisors upon

recommendation of the county executive. At least one of such assessors

shall be a resident of a city in the county if there be any such city,

and at least one shall be a resident of the county outside of any city.

In case of the appointment of a board of assessors, the director of

finance shall have general supervisory power only over such board, and

shall not have charge of the administration of the function of

assessment of real property for taxation, which function shall be

performed solely by the board of assessors.

County collection of taxes. 1. If the alternative form of

county government, or the modification or change of any such form, shall

provide for the transfer to the county of the function of collection of

taxes and special assessments from the school districts, towns, villages

or cities to the county, the director of finance shall have all the

powers and perform all the duties of the tax-collecting officers of the

units of local government from which the function of collecting taxes

and special assessments has been transferred to the county and also, if

the function has been transferred from the towns to the county, shall

collect all taxes and special assessments for other tax and assessment

districts within such towns.

2. All provisions of law which would govern the collection of taxes

and special assessments, if that function had been retained by the

respective units of local government, shall apply to the collection of

taxes and assessments by the director of finance, except that the board

of supervisors may provide for the collection of taxes and special

assessments by local law, and such law, so long as it shall remain in

effect, shall supersede inconsistent provisions of any general or

special law. Such a local law shall not become effective until approved

by the state tax commission. Any such local law may provide for payment

of taxes in installments.

3. The county tax collection official shall mail to each property

owner, on or before the day when taxes or installments thereof become

due, a bill containing a brief description of the property assessed, the

assessed valuation and the amount of taxes then due, together with a

statement as to when and where payable, and the penalties for

non-payment with the dates when such penalties become effective.

Whenever it shall appear from the records of the county tax collection

official that arrears of taxes or special assessments, or both, are

outstanding against any parcel for which a tax bill is prepared, the

amount of such arrears shall be entered upon the bill with a statement

that the same are in arrears. On the reverse side of each such bill

shall be printed the assessed valuations and tax rates for the county

and for each unit of local government a tax for which is included in the

bill. Whenever any taxes shall have remained due and unpaid for the

period of six months, the county tax collection official shall mail a

second bill therefor to each property owner, and may in his discretion,

and shall upon direction of the county executive, send bills at other

periods. The provisions of this section with respect to the mailing of

tax bills and statements of arrears are for the benefit of taxpayers,

provided that failure to mail any such bill or statement, or failure of

the addressee to receive the same, shall not in any manner affect the

validity of the taxes or the penalties imposed by law with respect

thereto.

4. All of the provisions of law which would be applicable if taxes

were collected by units of local government shall apply to county tax

collections, unless modified by local law, but no local law shall be

enacted which shall effect a change in the disposition required to be

made of taxes by the collecting officer.

County planning commission. 1. If the alternative form of

county government, or the modification or change of any such form, shall

so provide, there shall be a county planning commission in such county.

Such commission shall consist of seven members who shall be appointed by

the board of supervisors and either one or two ex-officio members as

hereinafter provided. Of the appointive members of the commission,

three shall be appointed for terms of one year, three for terms of two

years and one member shall be appointed for a term of three years.

Successors shall be appointed for terms of three years each. A vacancy

occurring otherwise than by expiration of term shall be filled by

appointment by the board for the unexpired term. The county executive

and director of public works in a county having such a director, shall

be ex-officio members of the commission. The appointive members of the

commission shall receive a compensation to be fixed by the board of

supervisors at not exceeding ten dollars for each meeting actually

attended, together with their necessary traveling and other expenses

incurred in the performance of their duties. Such commission shall have

power, within the limits of the appropriation made by the board of

supervisors, to employ a secretary and other necessary clerical

assistants and employ or contract with such technical assistants as may

be necessary from time to time to give full effect to the provisions of

this section. The department of public works, in counties having such a

department, shall furnish such engineering service as may be required by

the commission.

2. The county planning commission shall have control of land

subdivisions in towns outside cities and villages, and no map

subdividing land into lots for residential or business purposes in any

such town shall be accepted for filing by the county clerk unless it

shall have been first approved by the county planning commission and

shall have such approval endorsed thereon.

3. It shall be the duty of the county planning commission to make and

recommend to the board of supervisors a master plan for the physical

development of the county, which plan, with the accompanying maps,

plats, charts and descriptive matter, shall set forth recommendations of

the commission for the development of the county, including, without

excluding any other thing: (a) the general location, character and

extent of streets, highways, viaducts, subways, bridges, waterways,

water fronts, boulevards, parkways, playgrounds, squares, parks,

aviation fields, public and private parking spaces, and other public

ways, grounds and open spaces; (b) the general location of public

buildings and other public property; (c) the general location and extent

of public utilities and terminals whether publicly or privately

operated, for water, light, sanitation, transportation and

communication, power and other purposes; and (d) the removal,

relocation, alteration, vacating, abandonment, change of use or

extension of any of the foregoing features of the plan. As the work of

carrying the master plan into effect progresses, such commission may,

from time to time, recommend to the board of supervisors that action be

taken with respect to a part or parts thereof covering one or more major

sections or divisions of the county or one or more of the functional

matters included in the plan. Before recommending the master plan or any

part thereof, or any amendment, extension or addition thereto, to the

board of supervisors, such commission shall hold at least one public

hearing, of which it shall give at least seven days' notice by

publication in the newspapers designated to publish the concurrent

resolutions of the legislature. In addition, at least seven days' notice

of the hearing shall be given in writing to the supervisor and town

clerk of each town and to the mayor and clerk of each city or village,

any portion of which falls within the part of the master plan under

consideration. Any recommendation made by such commission must be by

resolution carried by the affirmative vote of not less than five

members, failing which, the resolution shall be deemed to have been

lost.

4. The board of supervisors shall have power by local law to adopt the

master plan recommended by the county planning commission, or any

portion, amendment or extension thereof or addition thereto, in so far

as the same relates to any portion of the county other than the

territory within the boundaries of any city, or village which have

adopted a plan of development and also any portion which relates to

state highways and county or town roads, county buildings and navigable

waterways, irrespective of whether they may be located within the

boundaries of any city or village or elsewhere within the county. Upon

the adoption of any such local law, the board of supervisors shall file

with the county clerk forthwith a certified copy thereof, including

copies of all relevant maps and plans.

5. Whenever a master plan, or one or more parts thereof, shall have

been adopted as hereinbefore provided, no street, square, park or other

public way, ground, open space or other public place, public building,

structure or public utility (whether publicly or privately owned) shall

be constructed or authorized in any portion of the county in respect to

which said plan or part thereof has been adopted, until the location,

character and extent thereof shall have been submitted to and approved

by the county planning commission as conforming to the general intent

and purpose of the master plan. The county planning commission shall

make rules relating to such matters, which shall provide for notice to

all parties interested, including units of local government which may be

affected thereby, and including the office of parks and recreation if

the matter submitted relates to any portion of the county within two

hundred feet of any state park or parkway. If the matter submitted

relates to the territory of any unit of local government which has

adopted a plan of development prior to the adoption of the master plan,

such plan shall not be superseded except by a two-thirds vote of the

whole number of members of the county planning commission.

6. The laws conferring authority upon units of local government and

the officers, boards and commissions thereof, to adopt ordinances

regulating and restricting the height, number of stories and size of

buildings and other structures, the percentage of lots that may be

occupied, the size of yards, courts and other open spaces, the density

of population, and the location and use of buildings, structures and

land for trade, industry, residence or other purposes shall continue in

full force and effect and such ordinances shall continue in full force

and effect in such units of local government, provided, however, that if

such master plan and the provisions of any such zoning ordinance

conflict, such master plan shall supersede such zoning ordinance, if, in

such respect it shall be reaffirmed by a two-thirds vote of the whole

number of the members of the county planning commission, after a hearing

thereon in the manner provided for the adoption of such master plan.

Transfer of functions from units of local government. 1. A

petition or resolution for the adoption of an alternative form of county

government, for the modification of an alternative form previously

adopted or for a change from one such form to another may provide for

the transfer of any of the following functions, powers and duties of

units of local government within the county to the county or from one

kind of unit of local government within the county to another:

(a) From the towns to the county:

(1) Assessment of property.

(2) Collection of taxes and special assessments.

(3) Maintenance and construction of town highways and bridges.

(b) From the villages to the county:

(1) Assessment of property.

(2) Collection of taxes and special assessments.

(3) Maintenance and construction of village highways and bridges,

provided that the similar function has been, or is simultaneously being

proposed to be, transferred from the towns to the county. If such a

transfer from the towns, simultaneously submitted, is not approved, any

approval of such a transfer from the villages shall be of no effect.

(c) From the cities to the county:

(1) Assessment of property.

(2) Collection of taxes and special assessments.

(3) Maintenance and construction of city highways and bridges,

provided that the similar function has been, or is simultaneously being

proposed to be, transferred from the towns and villages, if any, to the

county. If such a transfer from the towns or villages, simultaneously

submitted, is not approved, any approval of such a transfer from the

cities shall be of no effect.

(d) From the school district to the county:

(1) Collection of school taxes.

(e) From the villages to the towns:

(1) Assessment of property.

(2) Collection of taxes and special assessments.

(3) Maintenance and construction of village highways and bridges.

(f) From school districts to the towns and cities, if any:

(1) Collection of school taxes.

Nothing in this section shall be construed to prevent the transfer of

functions by other methods when authorized by other provisions of law.

2. If the petition or resolution for the adoption of an alternative

form of county government or for the modification or change of an

alternative form previously adopted, shall provide for the transfer from

any or all of the units of local government to the county, of:

(a) The functions thereof in relation to the assessment of property,

such functions shall be exercised in the manner provided in section five

hundred fifty.

(b) The functions thereof in relation to the collection of taxes and

special assessments, such functions shall be exercised in the manner

provided in section five hundred fifty-one.

(c) The functions thereof in relation to the maintenance and

construction of highways and bridges, such functions shall be exercised

in the manner provided in section three hundred fifty-one, except that

in a county having the county administrative form of county government

such functions shall be exercised by the county superintendent of public

works.

3. If the petition or resolution for the adoption of an alternative

form of county government or for the modification or change of an

alternative form previously adopted, shall provide for the transfer from

the villages to the towns, of:

(a) The functions thereof in relation to the assessment of property,

the assessors of each town shall annually, but not later than the first

day of October, certify and file in the office of the village clerk of

each village wholly or partly contained in such town, one copy of the

assessment-roll of the town filed in the office of the town clerk,

pursuant to section twenty-nine of the tax law, in so far as the same

shall relate to property contained within the corporate limits of such

village. The assessment-roll so filed in the office of the village clerk

shall constitute the assessment-roll of the village or part thereof

within the town, and the office of assessor in such village shall be

abolished, unless the village is partly within another county in which

the function of assessment of property has not been transferred to the

towns, in which case the village assessor shall continue to perform his

duties for the part of the village within the other county.

(b) The functions thereof in relation to the collection of taxes and

special assessments, the board of trustees of each village wholly or

partly within the county shall annually issue to the receiver of taxes

and assessments, the tax collector or the town clerk, as the case may

be, of each town within the county which contains any part of such

village, a warrant for the collection of the village taxes and

assessments for property within such town, and such officer shall have

all the powers and be subject to all the duties of a village treasurer

or other village officer charged with the duty of collecting taxes and

special assessments for such village or part thereof within such town.

4. If the petition or resolution for the adoption of an alternative

form of county government or for the modification or change of an

alternative form previously adopted, shall provide for the transfer from

the school districts to the towns and cities, if any, of the functions

thereof in relation to the collection of school taxes, the collector of

each town or the town clerk of a town in which the office of collector

has been abolished pursuant to section thirty-six of the town law, and

the tax collecting official of each city within the county, shall have

and possess and exercise in the manner and within the time prescribed by

law all the rights, powers and authority possessed and exercised by the

school district collectors in such town or city and it shall be his duty

to receive and collect all school taxes and all other moneys provided by

law to be paid to the school district collector. If the school district

shall include territory in two or more towns or in one or more towns and

a city, the board of education or trustee or trustees of such district

shall divide the tax roll of such school district so as to set forth

separately that portion of the district contained in each town or city

and shall deliver to the collector or town clerk or city collecting

official, as the case may be, the portion of the tax roll which includes

the property of the district contained in the town or city for which he

collects taxes and a warrant for the collection of the taxes levied

thereon. All school district moneys collected shall be deposited to the

credit of the school district in such bank or banks as may be designated

from time to time by the board of education or trustee or trustees of

the school district. Whenever the function of collecting school taxes

shall be transferred to a town or city, the undertaking of the town

collector or town clerk or city collecting official, as the case may be,

shall be further conditioned that he will well and truly keep, pay over

and account for all school district taxes and such undertaking shall be

in lieu of any other bond or undertaking otherwise required by law in

the collection of such school district taxes and the proper accounting

therefor, and the trustees of every school district for which such town

collector or town clerk or city collecting official shall act as

collector shall have and may exercise the same powers and remedies with

respect to such undertaking as is given them with respect to the

official bond of the collector by the provisions of article forty-three

of the education law or by the provisions of any other general or

special law.

5. If any alternative form of government or the modification or change

of such form shall be adopted which provides for the transfer of all of

the functions of any officer, office, department or agency of any unit

of local government to the county or to another unit of local

government, such officer, office, department or agency shall be

abolished, except that no such transfer shall have the effect of

shortening the term of office of the incumbent of any elective office,

but any such incumbent, at the time such new form of government becomes

effective, shall turn over all books, records and other papers

pertaining to the conduct of his office to the department, office or

agency which succeeds to such powers and duties. Any such incumbent,

until the end of his term, shall serve in an advisory capacity to the

department, office or agency to which the powers and duties of his

office have been transferred, except that the county executive, if the

functions have been transferred to the county, or the board of trustees,

common council or other elective governing body of the town, village or

city, if the functions have been transferred to such town, village or

city, may require any such incumbent to continue the active performance

of his powers and duties for any period within the term for which he was

elected and until such county executive or elective governing body shall

direct the transfer of the records of the office. Any officer whose

powers and duties are transferred as in this section provided shall be

compensated in an amount to be fixed by the county executive with the

approval of the board of supervisors, or the elective governing body of

the town, village or city, as the case may be, during the remainder of

his term.

6. In the event of the transfer of a function from a unit of local

government to the county, or from one unit of local government to

another, the cost of the performance of such function by the transferee

shall be paid in the first instance by the transferee from current funds

but be a charge against the transferor, to be audited and paid in the

same manner as other charges against the transferor, except that if any

function performed by a transferee shall be of general benefit

throughout the entire territory of such transferee the costs thereof may

be provided by a tax upon all of the property within the boundaries of

the transferee.

7. If the petition or resolution pursuant to which an alternative form

of government or modification or change is adopted shall so provide, the

cost to the transferor of the performance of any function in any cases

where functions are transferred pursuant to such petition or resolution,

shall be determined on the basis of a contract to be entered into

between the transferor and the transferee. The amount agreed upon under

any such contract shall be raised by taxation upon the property of the

transferor in the same manner as taxes were raised for the cost of such

function prior to the transfer.

8. In any case where there shall have been a transfer of a function

pursuant to this section, any outstanding indebtedness against the

transferor existing at the time of the transfer shall not be affected by

the transfer but shall continue to be raised by tax and paid in the same

manner as if the transfer had not been effected.

Fiscal year; county budget; tax levy. The fiscal year of the

county shall begin on the first day of January and end with the

thirty-first day of December in each year. Except as otherwise expressly

provided in the alternative form adopted by the county, or the

modification or change of any such form, all provisions of article seven

of the county law, as now in force or hereafter amended, shall continue

to apply to the county. When the county budget shall have been finally

adopted, the board of supervisors shall levy the annual tax in the

manner provided by law.

County finance. The provisions of the local finance law shall

continue to apply to a county which has adopted an alternative form of

county government under this chapter.

County taxes and assessments. The provisions of the tax law or

other applicable general or special statute shall continue to apply to a

county which has adopted an alternative form of county government.

County board of elections. There shall be a county board of

elections to be appointed by the board of supervisors in the manner and

for such term as provided by the election law. The county board of

elections shall continue to have and exercise all functions, powers and

duties vested in or imposed on boards of elections by any law applicable

to the county.

Administration of education. Nothing in this chapter shall be

construed to affect or impair the administration of education within the

county.

Advisory and planning boards. The county executive, upon

authorization by the board of supervisors, may appoint a board of

electors of the county to act in an advisory capacity to himself or to

the head of any administrative unit under his jurisdiction. The members

of the advisory board shall serve without compensation but shall be

allowed and paid actual and necessary expenses incurred by them in the

performance of their duties. It shall be the duty of members of any such

advisory and planning board to consult and advise upon county problems

but not to direct the conduct or administration of county affairs.

Citizenship and residence requirements for department heads and

deputies. The head of each department or office and each deputy

appointed under or pursuant to the provisions of this chapter shall, at

the time of his appointment and throughout the incumbency of his office

be a citizen of the United States and a resident of the county.

Retirement system. Persons who are members of an existing

pension or retirement system, or beneficiaries or prospective

beneficiaries thereof, shall continue to have the rights, privileges,

obligations and status with respect to such system which are now or

hereafter may be provided by law and the benefits of such system shall

not be diminished or impaired by reason of the enactment of this

chapter.

Civil service. Appointments and promotions in the county

government shall continue to be made in accordance with the provisions

of the civil service law and rules of civil service.

Continuity of authority. The performance of functions by a

department, office or agency to which they are assigned pursuant to the

provisions of this chapter shall be deemed and held to constitute a

continuation thereof for the purpose of succession to all rights,

powers, duties and obligations attached to such functions at the time of

such assignment.

Completion of unfinished business. Any proceeding or other

business undertaken or commenced by a department, office or agency, the

functions, powers and duties whereof are assigned, may be conducted and

completed by the head of the department, office or agency to which the

assignment is made, in the same manner and under the same terms and

conditions and with the same effect as if undertaken or commenced and

conducted and completed by the department, office or agency, the

functions, powers and duties whereof are so assigned.

Oath of office; official undertaking. 1. The county executive

and each other officer whose compensation is paid from county funds

shall take and file an official oath in the manner prescribed in section

ten of the public officers law and the provisions of section four

hundred two of the county law shall apply to all such officers.

2. The county executive, the head of each administrative unit and each

other officer whose compensation is paid from county funds shall, before

entering upon the duties of his office, execute an official undertaking

as provided in section eleven of the public officers law, except as

otherwise provided by law. The amount of such undertaking shall be fixed

by the board of supervisors and approved by such board if in session and

if not in session by the county clerk, except that the undertaking of

the county clerk shall be approved by the county judge. When in the

opinion of the board of supervisors the sureties are deemed insufficient

and the money and property of the county may be unsafe, such board may

direct a further undertaking upon ten days' notification thereof in

writing and such officer shall not perform any duties nor be entitled to

compensation until such further undertaking is furnished. All elective

and appointive county officers shall give such other undertakings as may

be required by law. The board of supervisors or any county officer shall

have the power to demand the giving of an undertaking by subordinates or

employees, as may be deemed necessary. Any default or misfeasance in

office on the part of any such subordinate or employee shall be deemed a

breach of the undertaking of the county officer appointing him as well

as a breach of the undertaking furnished by such subordinate or

employee. The neglect to furnish and file any such undertaking within

the time prescribed by law, except in the cases of the sheriff, county

clerk and district attorney, shall be deemed a refusal to serve and the

office may be filled as in the case of a vacancy. Until the sheriff,

county clerk or district attorney shall execute and file the required

undertaking, he shall not perform any duties of the office, nor be

entitled to any compensation. The board of supervisors shall cause an

action to be brought upon any breach of the conditions of any such

undertaking.

Application. The provisions of this article shall apply to any

county adopting one of the alternative forms of county government

provided by this chapter.

Initiation of proceeding. A proceeding for adoption of an

alternative form of county government may be initiated by petition, or

by resolution of the board of supervisors of the county; provided,

however, that no such resolution shall be adopted by the board of

supervisors after the initiation of such a proceeding by the filing of a

petition therefor, or subsequent to ten days following the filing of an

advance notice of filing such a petition, so long as the proceeding

initiated by the petition or thereafter initiated pursuant to such

advance notice is pending.

Petition. Upon the filing with the clerk of the board of

supervisors of a petition signed by electors of the county equal in

number to at least ten per centum of the whole number of votes cast in

the county for governor at the last gubernatorial election asking that a

referendum be held on the question of adopting one of the alternative

forms of county government authorized by this chapter, with or without

variations, the board of supervisors shall cause the question to be

submitted to the electors of the county in the manner hereinafter

provided. Proceedings may be instituted and maintained to contest the

sufficiency and validity of any petition in the manner provided in the

election law, as though such petition were a designating petition. If

the petition be sufficient and valid, the board of supervisors shall by

resolution cause the question to be submitted to the electors of the

county for approval or disapproval at the next general election

occurring in an odd-numbered year and not less than sixty days after the

date on which the petition is filed.

Resolution. The board of supervisors of a county may by

resolution duly adopted provide for submission to the electors of the

county of one of the alternative forms of county government authorized

by this chapter, with or without variations, at the next general

election occurring in an odd-numbered year and not less than forty-five

days after the adoption of the resolution; provided, however, that no

such resolution shall be adopted by the board of supervisors after the

initiation of a proceeding for the adoption of an alternative form of

county government, with or without variations, by the filing of a

petition therefor, or subsequent to ten days following the filing of an

advance notice of filing such a petition, so long as the proceeding

initiated by the petition or thereafter initiated pursuant to such

advance notice is pending.

Form of petition or resolution. The petition or resolution, as

the case may be, shall specify: (a) the alternative form of county

government proposed, unless the form is a continuation of the existing

form; and (b) the variation or variations proposed, if any, including

any proposed transfer of functions or other additional arrangement

authorized by this chapter.

Advance notice of petition; effect. Any elector of the county

may file with the clerk of the board of supervisors advance notice of

his intention to prepare, circulate and file a petition for the

submission of any question authorized by this chapter. Any such notice

shall specify the alternative form of county government proposed,

together with any variations and shall be accompanied by a deposit of

twenty-five dollars. If the board of supervisors shall have adopted a

resolution initiating a proceeding for the adoption of an alternative

form of county government, with or without variations, within ten days

after the filing of such an advance notice, then and in that event such

advance notice shall have no further force and effect and the

twenty-five dollars deposited shall be refunded to the person making the

deposit. In the event that no such resolution is adopted by the board of

supervisors within such period of ten days after the filing of such an

advance notice, then and in that event if one-third of the number of

signatures required for the submission of the question are filed with

such clerk within twenty days and the remaining two-thirds within forty

days after the filing of the notice, the twenty-five dollars shall be

refunded to the person making the deposit and no other petition or

advance notice shall be filed or accepted for filing, or resolution of

the board of supervisors adopted, for the submission of any question

under this chapter, until the question proposed in the advance notice

shall have been submitted to the electors of the county in accordance

with the provisions of this chapter. The several parts of the petition

filed with the clerk of the board of supervisors under this section,

when complete, shall constitute one petition, which shall be deemed to

be filed for the purposes of this chapter on the date the last portion

is filed. If the required number of signatures is not filed within the

twenty day period, or the forty day period aforesaid, the notice of

intention to file a petition shall be deemed withdrawn and shall have no

further force or effect and the deposit of twenty-five dollars shall be

paid into the general fund of the county treasury.

Question. 1. Unless the proposal is for a variation or

variations of an existing form, the first question submitted shall

indicate by name the alternative form of county government proposed and

shall be substantially in the form indicated below. Each variation

proposed shall be separately stated and submitted and the form of the

questions shall be substantially according to the following examples:

"Shall the county of (name of county) adopt the (name of form) of

government?"

"If the (name of form) is adopted, shall the members of the common

councils of cities within the county constitute the city supervisors on

the county board of supervisors?"

"If the (name of form) is adopted, shall the county have county

assessment of property for the towns, villages, cities and school

districts in the county?"

"If county assessment of property for towns, villages, cities and

school districts is adopted, shall the county have a board of assessors

of five members?"

"If the (name of form) is adopted, shall the county have county

collection of all taxes and special assessments levied on real property

in the county for city, town, village and school district purposes?"

2. The form of each question to be submitted shall be prepared by the

clerk of the board of supervisors or under his direction. The clerk of

the board of supervisors may also prepare or cause to be prepared a

brief explanation of the effect of each proposal submitted. He shall

transmit such questions and explanations, if any, forthwith to the board

of elections of the county. Such board of elections, at least twenty

days before the election, shall send two or more copies thereof to the

clerk of every city, town or village in the county to be made a public

record in his office and shall cause sufficient number of copies to be

printed and made available to the electors at the time of registration

or otherwise. In addition, such board of elections shall cause a

sufficient number of copies to be delivered with the other election

supplies and distributed to the electors at the election.

3. Expenses incurred in connection with the submission of any question

under this chapter shall be a charge against the county.

Submission of question; adoption; effect. 1. The board of

elections shall cause such question to be submitted to the electors of

the county in the manner provided in the election law. The provisions of

section one hundred two of the county law, so far as applicable, shall

apply also to the manner of submission of questions under the provisions

of this chapter.

2. No alternative form of county government or variation thereof shall

become operative in a county unless adopted by receiving a majority (a)

of the total votes cast thereon in the county at large, (b) of the total

votes cast thereon within the area outside of cities, and (c) of the

total votes cast thereon within the area of any cities in the county

considered as one unit. The disapproval of any question proposing a

variation shall not otherwise affect or invalidate an alternative form

of county government approved at the same election. The approval of any

question proposing a variation of a form of government not already in

effect at the time of submission shall be of no effect unless the

alternative form of government is also approved at the same election.

3. If any such form of government provides for the transfer of any

functions of local government to or from the cities, the towns or the

villages of the county, the alternative form of county government

proposed shall not take effect with respect to such transfer unless the

transfer or the form of government containing it shall also receive a

majority of all the votes cast thereon in all the cities so affected

considered as one unit, in all the towns so affected considered as one

unit, and in all the villages so affected considered as one unit.

4. Any alternative form of county government adopted by a county under

this chapter shall take effect on the first day of January next

succeeding its adoption, except as provided in subdivision five and

except that the county president form of county government shall take

effect on the first day of January of the second year after its adoption

and the first county president shall be elected at the next general

election following the adoption for a term beginning when the county

president form takes effect. All provisions of the election law

applicable to the nomination and election of other county officers shall

apply also to the nomination and election of the county president.

5. Any modification of an existing form shall take effect on the first

day of January next succeeding its adoption, except that a modification

making an appointive officer elective shall take effect as to the

election at the next general election after its adoption and the officer

then elected shall take office on the first day of January thereafter.

Any change to another form of government or abandonment of an existing

form shall take effect on the first day of January of the second year

after its adoption. Any new elective officers required by such change or

abandonment shall be elected at the general election next preceding the

taking effect of the new form of government.

6. Variations which are inconsistent shall not be submitted at the

same election. Should two or more inconsistent variations be proposed,

the variation first proposed shall have preference and shall be first

submitted to the electors of the county for approval or disapproval.

The other shall be submitted to the electors at subsequent general

elections occurring in an odd-numbered year, in the order of their

filing, but only if the inconsistent variation or variations previously

submitted have been disapproved or if initiated by a new petition or

resolution.

Construction. 1. The provisions of this chapter shall be

liberally construed for the purpose of effectuating the intent of the

people in adopting section two of article nine of the constitution. It

is the intent of the legislature to set forth the structure of the

alternative forms of county government enumerated in this chapter and

the manner in which each is to function.

2. It is not the intention of the legislature hereby to abolish or

curtail any existing powers or rights heretofore conferred upon or

delegated to a county or counties or to any board, body or officer

thereof, unless a contrary intention is clearly manifest from the

express provisions of this chapter or by necessary intendment therefrom.

3. It is the intention of the legislature hereby to continue in force

all special laws passed by the legislature, not inconsistent with the

provisions of this chapter, until repealed, amended, modified or

superseded by or pursuant to the provisions of this chapter or other law

or pursuant to the form of government adopted by the county affected.

4. All general laws applicable to counties, not inconsistent with the

provisions of this chapter shall continue to apply to a county after it

has adopted one of the alternative forms of county government, until

repealed, amended, modified or superseded by or pursuant to the

provisions of this chapter or other law or by or pursuant to the form of

government adopted by the county.

5. The enumeration of specific powers by this chapter shall not

operate to detract from the meaning of any general grant of power or to

exclude other powers comprehended in such general grant of power.

6. If any clause, sentence, paragraph, word, section or part of this

chapter shall be adjudged by any court of competent jurisdiction to be

invalid, such judgment shall not affect, impair, or invalidate the

remainder thereof, but shall be confined in its operation to the clause,

sentence, paragraph, section or part thereof directly involved in the

controversy in which such judgment shall have been rendered.

Saving clauses. 1. Nothing herein shall be deemed to affect,

impair or supersede the provisions of any alternative or optional form

of county government, administrative code, county government law, civil

divisions act, or any local law heretofore or hereafter adopted pursuant

to any such optional or alternative form of county government, unless a

contrary intent is expressly provided in this chapter.

2. The optional county government law, in so far as the provisions of

such law apply to and are in force in the county of Monroe or any other

county at the time when the repeal of such law with respect to counties

generally takes effect, shall continue in effect in such county unless

and until repealed, amended, modified or superseded by or pursuant to

the provisions of such law or this chapter or other general, special or

local law.

3. Nothing herein shall be deemed to affect, impair or supersede any

special or local act of the legislature relating to the preparation of

assessment rolls, extension and collection of taxes, lien of tax and

foreclosure, sale or other disposition thereof.

4. This chapter, or the adoption of a form of county government herein

provided, shall not affect or impair:

(a) any pending action or proceeding, civil or criminal, but the same

may be prosecuted or defended in the same manner and with the same

effect as though this chapter had not been enacted;

(b) any contract, or act done, or offense committed, or right

accruing, accrued or required, or liability, or penalty, or forfeiture,

or punishment incurred prior thereto, but the same may be enjoyed,

asserted, enforced, prosecuted or inflicted as fully and to the same

extent as if this chapter had not been enacted.

Laws repealed. Chapter eight hundred sixty-two of the laws of

nineteen hundred thirty-seven, entitled "An act in relation to providing

alternative forms of county government, constituting chapter eleven-a of

the consolidated laws," and all acts amendatory thereof or supplemental

thereto, constituting the optional county government law, are hereby

repealed, except as otherwise provided herein. Such repeal shall take

effect May fifteenth, nineteen hundred fifty-four.

Time of taking effect. This chapter shall take effect

immediately, except as otherwise provided in and with respect to section

seven hundred two.