Oswego County Legislature Office of the Chairman, 46 East Bridge St., Oswego, NY 13126

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OSWEGO COUNTY LEGISLATURE
RULES AND ORDER OF BUSINESS

As amended February 9, 2006

Russ Johnson, Chairman
Greg Osetek, Vice Chairman

CHAIR

The duly elected Chair of the Oswego County Legislature shall preside at all meetings of the Legislature as required by law and shall perform all duties required by law. The Chair shall appoint such Special Committees and may appoint advisory committees as deemed necessary as may be authorized by the Legislature from time to time. The Chair shall be entitled to vote on all matters brought before the Legislature, and shall be entitled to vote in the customary roll call position.

For the purpose of making a quorum, the Chair may be a voting member of all legislative standing committees without raising the number of members to such committees when it is necessary to create a quorum of the committee due to the excused or unexcused absence of another member.

It shall be the duty of such Chair:

(a) to become familiar with the property functions and fiscal affairs of the county;
(b) to see that the statutory and local laws and resolutions of the Legislature and directions of county officers empowered to make the same are faithfully executed and report to the Legislature any neglect of duty;
(c) to make recommendations to the Legislature on legislation, rules and regulations and such other matters deemed material and advisable;
(d) to advise department heads and officers and recommend matters deemed helpful in the performance of their duties.
The Chair pursuant to Subdivision 3 of Section 450 of the County Law, is hereby empowered to:
(e) Transfer employees temporarily from one department of office to another, with the approval of the appointing officer or Legislature;
(f) Determine what officers or employees shall perform particular power or duty not clearly defined by law or collective bargaining agreement;
(g) Execute and deliver documents and contracts authorized by the Legislature;
(h) Perform such duties as the Legislature may determine to be necessary to give full effect to the provisions of the County Law and such other general and local laws that provide for administrative functions and duties.

In the event that the seat of the Chair of the Legislature is vacated for any reason, the Vice Chair of the Legislature will act as Temporary Chair until the Legislature selects another member as Chair to fill such vacancy.

VICE CHAIR

The duly elected Vice Chair of the Oswego County Legislature shall preside at all meetings of the Legislature in the absence of the Chair.

The Vice Chair shall have and exercise all the powers and duties of the Chair at any meeting over which the Vice Chair is called to preside, and shall have and exercise those additional powers and duties authorized by resolution of the Legislature.

At the request (or in the absence) of the Chair, for the purpose of making a quorum, the Vice Chair may be a voting member of all legislative standing committees without raising the number of members to such committees when it is necessary to create a quorum of the committee due to the excused or unexcused absence of another committee member.

In the event that the Vice Chair is vacated for any reason, the Legislature shall select another member to fill such vacancy.

RULE 1 - ORGANIZATIONAL MEETING

The organization meeting of the Oswego County Legislature shall be held on or before the 8th day of January in each year. The Legislature shall annually, by resolution duly adopted during the month of December, fix the date, time and place of the meeting to organize the Legislature. The Clerk of the Legislature shall serve upon each member by mail, to the members last known address, at least forty-eight hours before the meeting, a written notice stating the date, time and place of the meeting to organize the Legislature, and that a Chair will then be selected.

At the organizational meeting, the Temporary Chair thereof shall be the last preceding Chair of the Legislature if still a Legislator whose duties will cease upon the election of a Chair of the Legislature. In the event that the last preceding Chair of the Legislature is no longer a legislator, the Vice Chair if still a legislator or the Clerk of the Legislature shall act as the Temporary Chair.

The first order of business, following roll call at the organization meeting, shall be the election of a Chair and Vice Chair of the Legislature of that year. A majority vote of the membership of the Legislature shall be required for the election of the Chair and Vice Chair.

Next order of business shall be the selection of Clerk of the Legislature.

RULE 2 - MEETINGS OF THE LEGISLATURE

In addition to the organization meeting, regular meetings of the Legislature shall occur on the second Thursday, succeeding the first Wednesday of each month from February to December at 2:00 P.M. with the exception of the months of April, June and September meetings, which are to be called at 7:00 P.M.

Special meetings shall be held at the call of the Clerk of the Legislature upon direction of the Chair. Notice in writing stating the time, place and purpose of the special meeting shall be served personally or by mail upon each member by the Clerk of the Legislature at least forty-eight (48) hours before the date fixed for holding the meeting or a member may waive the service of the notice for such meeting by a writing signed by such member. Only business specified in the notice thereof may be transacted at a special meeting.

Whenever the date for holding any of the above meetings falls upon an Oswego County holiday, it shall be held on the following day at the same time and place.

Special meetings of the Legislature shall be held in conformity with these Rules and Section 152 of the County Law.

RULE 3 - PLACE OF MEETING

All meetings shall be held in the Legislative Chambers, Fourth Floor of the County Building, 46 East Bridge Street, Oswego, New York. The Chair of the Legislature may hold meetings at another location within the City of Oswego as deemed necessary.

No action of the Legislature changing the place of meeting where such board has regularly met to any other city, town or village in the county shall be valid unless approved by the affirmative vote of at least three-quarters of the total membership of the Legislature.

RULE 4 - QUORUM

A majority of the whole number of the members of the county legislature (13 legislators) shall constitute a quorum for the transaction of business. If a quorum is not present within forty-five minutes after the time set for a meeting, the members present shall adjourn.

RULE 5 - ORDER OF BUSINESS

The order of business at each meeting of the Legislature, except as otherwise designated in these rules or by law, shall be as follows:

1. Call to order by Chair.
2. Roll call of members.
3. Objections or correction to the minutes of the last meeting.
4. Introductions of visitors at the discretion of the Chair.
5. Privilege of the floor for 5 minutes to those who wish to speak concerning specific resolutions of the day. The speaker shall sign up for one comment period not to exceed five minutes. A speaker shall not yield his/her time to another speaker. Speakers must state their name, residence and specific legislative resolution of interest to speak about. Legislators shall not engage in dialog with the speaker, but may respond to the speaker's comments after the speaker has finished, and once recognized by the Chair.
6. Reports of County Officials.
7. Reports of Standing Committees.
8. Reports of Special Committees.
9. Resolutions and Motions.
10. Unfinished Business.
11. Miscellaneous Business.
12. Adjournment.
13. Public comment period for members of the public wishing to speak on Legislative matters. The speaker shall sign up for one comment period not to exceed five minutes. A speaker shall not yield his/her time to another speaker. Speakers must state their name, residence and specific topic of interest to speak about.

Legislators shall not engage in dialog with the speaker, but may respond to the speaker's comments after the speaker has finished, and once recognized by the Chair.

Each meeting, together with the public comment period, if any, shall be videotaped pursuant to resolution number 93 of 1995. The Official minutes of the meeting shall be the written minutes as set forth in Rule seven herein.

RULE 6 - ROLL CALL

On roll call, the Clerk shall record by name, all members present or absent, and shall further record the arrival of any member listed as absent and the departure of any member listed present during the course of each meeting. The Clerk shall further record the time of the legislator's late arrivals and early departures.

RULE 7 - APPROVAL OF MINUTES OF PREVIOUS MEETING

In the absence of objections or corrections, the minutes shall stand approved, without formal motion.

RULE 8 - RESOLUTIONS AND MOTIONS

All resolutions and formal motions shall be reduced to writing by the Legislature member offering such resolution or motion.

Upon request of any member of the Legislature, the member(s) offering the same shall reduce any amendment to a resolution or motion to writing.

A resolution introduced at any meeting shall, before it is introduced, be submitted to the appropriate committee concerned therewith. Within six weeks of its referral to committee, every resolution shall be acted upon by the committee as follows: the committee may recommend, may not recommend or may return the resolution to the floor without recommendation and with minority reports, if any. Upon unfavorable recommendation, the resolution does not return to the floor.

A resolution may be moved to the floor of the Legislature without regular standing committee action by two-thirds of a vote of the Legislature to suspend the rules. Resolutions that do not come within the jurisdiction of any Standing or Special committee shall be under the jurisdiction of the Government Operations and Law Committee. In case of a resolution conflict between committees, the Chair of the Legislature reserves the right to transfer relative matters to the appropriate committee of jurisdiction.

All resolutions calling for the establishment of a capital project shall have attached thereto by the committee presenting said resolution, a financial impact statement setting forth the itemized projected costs for said project.

All resolutions shall become effective upon their adoption, or as otherwise provided by these Rules or other law or as specified in the resolution.

RULE 9 - FILING RESOLUTIONS

All resolutions to be presented at any regular meeting shall be filed with the Clerk of the Legislature by 12:00 P.M. on the Friday preceding the regular meeting. Resolutions filed with the Clerk of the Legislature shall be filed together with an informational memorandum to support the meaning and intent of such resolution. The Clerk of the Legislature shall mail each legislator a copy of the agenda for each regular meeting and copies of all resolutions to be considered on the Friday preceding the regular meeting.

RULE 10 - VOTING ON RESOLUTIONS

On all resolutions not requiring a roll call vote by law, the vote shall be taken by viva voce unless any member requests a roll call vote. On a roll call vote, when called upon by the Clerk of the Legislature, each member shall cast the vote by responding "yes" or "no". No other response is permitted, with exception of "abstain". A Legislator who has a conflict of interest regarding the vote at hand must state the conflict, and may abstain from voting.

In the absence of a roll call vote, all members present as of the last roll call will be deemed to have been present and voted on the voice vote unless the Clerk's minutes establish said member's absence.

RULE 11 - COMMITTEES

I.

A. The Oswego County Legislature may create standing committees by majority resolution for the purpose of aiding and assisting the Legislature in transacting its business. A member of any standing committee shall serve at the pleasure of the Chair of the Legislature, or until a new committee is appointed, provided the member is still a legislator. Standing committees shall consist of not less than five (5) members and no more than eleven (11) members.

B. For the purpose of aiding and assisting the Legislature on short term issues, the Chair of the Legislature or the Legislature by a majority vote may create special or advisory committees, with members of such committees being appointed by and serving at the pleasure of the Chair of the Legislature.

C. Each committee Chair shall be responsible for keeping minutes of that committee meeting. The minutes shall include a record of decisions made and persons in attendance at the meeting. Copies shall be filed with the Clerk of the Legislature within ten working days of the committee meeting. Draft minutes of the previous committee meeting should be mailed to committee members prior to the following meeting for review.

D. Committee Chairs, Vice Chairs, and membership shall be appointed by the Chair of the Legislature. In the absence of a committee Chair at a committee meeting, the Vice Chair shall assume all the powers and duties of the committee Chair. In the absence of both committee Chair and Vice Chair, the members of the committee shall elect a Temporary Chair for that particular committee meeting.

E. Except as otherwise decided, Roberts Rules of Order, Newly Revised shall guide all standing and special committees.

F. Standing committees shall have general charge of all matters pertaining to the work of the Legislature, Departments, and State and Federal legislative actions, as indicated by the title and description of such standing committee in Rule 11, Section III, and shall keep the Legislature advised of all activities in said Departments by providing regular oral or written reports thereon, and shall perform all functions required by law and these Rules.

G. Prior to final approval of an action, a department must obtain the consent and approval of its standing committee when seeking the consent and approval from other standing committees of the Legislature or from the full Legislature in accordance with these Rules.

H. It is the responsibility of the committee Chair of standing or special committees to call and conduct an organizational meeting within thirty (30) days of the committee's appointment.

I. The committee Chair or Legislature Chair, may call a special meeting of the committee to conduct county business with prior notification of all committee members, the public, and the Legislature Chair in accordance with Open Meetings Law.

II.

General functions and powers of standing and special committees: Every committee shall have implied authority to do whatever is necessary or incidental to carry out the main purpose of the committee. They shall have the right to review matters relevant to the functions of the various departments of County government assigned to that legislative committee. They shall have the right to recommend to the Chair and/or Legislature the appointment of their respective department head. They shall have the right to recommend legislation relevant to their assigned departments of County Government.

III.

The following standing committees of the Oswego County Legislature are hereby created:

1.) COMMUNITY AND CONSUMER AFFAIRS

2.) ECONOMIC DEVELOPMENT AND PLANNING

3.) FINANCE AND PERSONNEL

4.) HEALTH AND HUMAN SERVICES

5.) INFRASTRUCTURE AND FACILITIES

6.) STRATEGIC PLANNING AND GOVERNMENT

7.) PUBLIC SAFETY AND EMERGENCY SERVICES

Community and Consumer Affairs

This committee shall deal with all matters pertaining to: County Departments - Board of Elections, Central Services, County Clerk, Real Property, Weights and Measures

  • Preparing and maintaining tax maps, advising assessors on preparation and maintenance of assessment rolls, correction of assessment rolls, equalization rates, making advisory appraisals of property and assisting city and town assessors;
  • The disposition and sale of real property acquired in the county tax sales;
  • Review and resolve problems as may arise relative to Assessment Administration such as exemptions, errors of essential fact, refunds, researching title, and authorizing purchasing of delinquent tax parcels by municipalities where the threat of liability exists;
  • The Motor Vehicles Office;
  • All matters relating to telephone.

Economic Development and Planning

This committee shall deal with all matters pertaining to: County Departments - Promotion and Tourism, Department of Planning and Community Development

  • Economic growth and industrial development of Oswego County, including all Federal and State grants pertaining to economic and industrial development and expansion and assistance for small businesses in Oswego County;
  • The Committee will review all proposed appropriations from the Economic Development Initiative Fund and the Legislative Initiative Fund and make recommendations to the Legislature for such appropriations;
  • The development and promotion of tourism in Oswego County, including administration of the state tourism matching funds program;
  • The Tourism Development Advisory Council and serve as a liaison between the Council and the Legislature;
  • The following authorized agencies: Operation Oswego County, Industrial Development Agency, Small Business Extension Service, the Tourism Promotion and Development Agency;
  • Comprehensive planning, land use, zoning referrals, environmental management and assistance to local governments in Oswego;
  • The housing and Rental Assistance Programs;
  • The transportation and Mass Transit Assistance programs;
  • The County Planning Board and Regional Planning Board, and serve as liaison between the respective Boards and the Legislature;
  • The following authorized agencies: Central New York Regional Planning and Development Agency, Central New York Regional Transportation Authority and other transportation assistance programs and the Environmental Management Council;
  • The development and promotion of agriculture, extension services, conservation, natural resources, wildlife and rural resources;
  • The following miscellaneous authorized agencies: Cooperative Extension, and Soil and Water Conservation District.

Finance and Personnel

This committee shall deal with all matters pertaining to: County Departments - Audit, County Administrator, County Treasurer, Personnel, Purchasing

  • Audit and the investment of funds and bonding;
  • Fixed assets inventory;
  • The following Legislative Accounts: municipal association dues, judgments and claims, and community colleges;
  • This Committee shall review and make recommendations to the legislature with regards to all resolutions carrying an appropriation or transfer of funds and shall assist the Budget Officer in development the annual tentative budget. Where there is no authorizing committee to approve or disapprove expenditures, this Committee shall approve or disapprove same;
  • This Committee shall assist the Chairman of the Legislature and County Administrator in dealing with the overall administration of County Government, and assist in making recommendations on the operating policy and county affairs.
  • Civil Service, personnel policies and procedure, employee relations, equal employment opportunities, employee benefit plans, staff development, and occupational safety programs;
  • The County's health and worker's compensation insurance, including a risk management and self-insurance program;
  • The terms and conditions of employment including the negotiation and administration of contractual agreements with the recognized bargaining units for the county's represented employees;
  • The terms and conditions of employment of County Officials, including the managerial and unrepresented personnel and all remaining individuals in the employment of Oswego County;

Health and Human Services

This committee shall deal with all matters pertaining to: County Departments - Department of Social Services, Health, Office for the Aging, Veterans' Services, Youth Bureau

  • Department of Social Services income maintenance and medical assistance programs, children and adult services, and related social services programs;
  • The Social Services Advisory Committee and serve as a liaison between the Committee and the Legislature;
  • Federal, state and regional employment funds, grants and programs, economic development and employment programs and summer employment programs;
  • The Workforce Investment Board.
  • Public Health, Mental Health, Environmental Protection, Preventive Health, and Michaud Skilled Nursing Facility;
  • The Education for Handicapped Children's Program;
  • The Emergency Medical Services Program and the Medical Scholarship and Physician Recruitment Program, and serve as liaison with the respective Advisory Committees;
  • The Board of Health and the Community Services Board, and serve as liaison between the respective Boards and the Legislature;
  • The following authorized agencies: Association for Retarded Children, Council on Alcoholism, Farnham Youth Development Center, Mental Health Association, Oswego Hospital, Oswego Industries, Inc., and Oswego County Opportunities.
  • Human services delivery pertaining to aging, youth, veterans and other human relationship programs;
  • The Aging Advisory Council and the Youth Advisory Council and serve as liaison between the respective committees and the Legislature;
  • Parks and Recreation;
  • The Senior Nutrition Program;
  • Camp Hollis;
  • Government Day and Youth Recognition.

Infrastructure and Facilities

This committee shall deal with all matters pertaining to: County Departments - Airport, Building and Grounds, Highway, Solid Waste, Energy Recovery Facility

  • Operation and maintenance of all county buildings and facilities;
  • Administer the capital construction and renovation of all buildings and facilities under the Committee's jurisdiction.
  • Study and make recommendations concerning buildings and facilities for inclusion in the annual capital improvements plan and budget;
  • Highways and bridges construction and maintenance;
  • The Division of Solid Waste, including transfer stations, landfill, and energy recovery facilities;
  • The operation and maintenance of the county airport;
  • The operation and maintenance of the reforestation lands and recreational trails;
  • The Solid Waste Management Board, and serve as a liaison between the Board and the Legislature.

Strategic Planning and Government

This committee shall deal with all matters pertaining to: County Departments - Clerk of the Legislature, County Attorney, County Legislature, Office of the Chairman, District Attorney

  • Family Court Attorney's Office and Assigned Counsel Program;
  • The rules of procedure of the Legislature and its Committees, and such rules as shall be necessary for the conduct of county business;
  • State or Federal legislative action which is or may be of interest to the County of Oswego that is not within the jurisdiction of any other standing committee;
  • All municipal governments, both within the County and those governments seeking interaction with the County;
  • The creation of new County departments and matters affecting the county's organizational structure;
  • The issues of hydropower and energy;
  • The County's liability insurance program.
  • Authorized agencies that are not specifically assigned to another standing committee.
  • The Grand Jury, coroner, and Stop-DWI;
  • The Jury Board and Supreme Court Library Board, and serve as the liaison between the respective Boards and the Legislature,
  • The intergovernmental relationship between the State court system and the Legislature;
  • Oversight of long term planning for County services and finances, including, but not limited to, implementation of the recommendations of the Strategic Planning Task Force of 2005.

Public Safety and Emergency Services

This committee shall deal with all matters pertaining to: County Departments - E-911, Emergency Management, Office of the Fire Coordinator, Probation, Sheriff

  • Radiological Emergency Preparedness, and natural and man-made disaster response planning;
  • Central Fire Control, Fire Personnel and Departments;
  • The Fire Advisory Board and serve as a liaison between the Board and the Legislature;
  • All matters relating to radio communications and the 911 program.
  • Correctional Facility & Road Patrol.

IV. SPECIAL COMMITTEE

Special Committees shall have the function and powers as defined in Section II of this Rule. Members of a Special Committee shall be appointed by and serve at the pleasure of the Chair of the Legislature. The Special Committee shall consist of no less than three (3) active members of the Legislature and no more than eleven (11) active members. The creation of a Special Committee must be for a specific charge and consistent with Section I, subdivisions B, C, H and I of this Rule. A Special Committee on Fact Finding as described in Rule 14 of these Rules does not apply to this Section.

V. ADVISORY COMMITTEE

Advisory Committees must have a specific charge and shall serve solely in an advisory capacity to the Legislature. Members of an Advisory Committee shall be appointed by and serve at the pleasure of the Chair of the Legislature. There must be at least (3) members of an Advisory Committee, and such members may be active legislators and/or members of the public either in whole or in part.

RULE 12 - LEGISLATIVE PRIVILEGE OF THE FLOOR

Any member desiring to speak or present any subject matter to the Legislature, shall address the chair by raising such member's hand, and shall not proceed until recognized by the chair and awarded the floor for such purpose.

RULE 13 - DEBATE

When any member of the Legislature desires to speak during debate, the member shall raise his/her hand and obtain recognition from the Chair before speaking.

While a motion is under debate, no member shall speak more than five minutes on the question, and then may not speak again on the matter unless with leave of the Chair, after all other members have had an opportunity to speak.

When it is necessary for the Legislature to obtain additional information from a person who is not a legislator on a legislative matter being debated, the Chair of the Legislature may give such person privileges of the floor to speak.

RULE 14 - ALLEGED IMPROPER CONDUCT

Upon written complaint by any Legislator of the County of Oswego, directed to the Chair of the Oswego County Legislature, alleging improper conduct in connection with the official duties of a Legislator, the Chair of the Oswego County Legislature may forthwith and within ten days, appoint a Special Committee on Fact Finding to examine said allegations, conduct any necessary hearings relative thereto and report its findings to the entire Legislature. Said committee shall consist of three (3) current Legislators designated one each by the Chair of the Legislature, by the Majority Leader of the Legislature and by the Minority Leader of the Legislature.

The County Attorney shall be counsel to the Special Committee unless it is deemed to be a conflict by two-thirds of the Special Committee. In such case, independent counsel may be appointed upon authorization by the Finance and Personnel and Government Operations and Law Committees.

The Special Committee, when constituted pursuant to this Article, shall possess the power to compel the production of persons or documents by the issuance of subpoena, if necessary, under County Law Section 209.

RULE 15 - EXECUTIVE SESSIONS

Executive Sessions of the Legislature may be authorized only by a vote of a majority of the membership of the Legislature, whereupon the Chair of the Legislature, and not otherwise, must recess for that purpose.

The reason for entering into Executive Session must be recorded by the Clerk.

RULE 16 - RULES OF PROCEDURE

Unless in conflict with these Rules, or in conflict with existing law, Roberts Rules of Order, Newly Revised shall govern all the proceedings of the Legislature. These Rules, when adopted by a two-thirds vote of the Legislature, shall immediately become the Rules of the Oswego County Legislature.

These Rules may, at any time during the session, be suspended by a two-thirds vote of the Legislature, provided however, that the member making application for such suspension must state the purpose for which the suspension is requested.

These rules shall not be altered or amended except by two-thirds vote of the members of the Legislature, and then only after at least one week's notice, accompanied by a written or printed copy of the proposed alteration or amendment.

RULE 17 - ADOPTION OF RULES

Rules and Order of Business of the Oswego County Legislature shall be adopted anew after the first year of the two-year term of the Legislature, but no later than the 28th day of February of such year.

As amended to February 13, 1992.
As amended to February 7, 1995.
As amended to January 4, 1996.
As amended to July 11, 1996.
As amended to September 26, 1996.
As amended to June 12, 1997.
As amended to September 14, 2000.
As amended to January 4, 2005.
As amended to Feb. 9, 2006.

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