Date 7/3/90 ---

1 Local Law(s) No. ---=-1.,..9X"90~--'-------

Year,_ ~ ________ _ Municipality Hontgomery County

Please be advised that the above-referenced material was received and filed by .' . 6/21/90. . thIs offIce on . __________________ _

Additional forms for filing local laws with this office will be forwarded upon request.

008·236(4/67)

NYS Department of State Bureau of State Records

• SEIII'D'E~\, Co~e_ items ,land, 2 when additional services are desired" and complete, items " 3 and 41w' , '."1' ,,' " ' ' ",

Put your atldr¢ssjn the "RETURNTQ" Space:On the reverse side. failure to do this will prevent this card from bejngfet~tne~ toYol.!. The retilrn recei~tfee will provide you ~lie name of the person "delivered to and the date .f deliver' ., For aqdltlonal, fee'S the onowl!igservlces are avadable. consult postmaster for fees a .c', ',9X1esJ oradditjol'l~r sl!rvice(s) requested, :", , ',' ",:. 1. ,Show tciwhdm'deliv~red~ date, arid addressee's address. 2; Q Restricted Delivery

", • ,',' (qtta Charge) '(arra charge)

3. Article Addressed to: 4. Article NUmber

,~~«OIJsf-~ 8f).~ , l'!2fiOS1.1'7JP IkpcrlmYy uf. ~ : 16:2 Wislt~, R-J-e. ,', ' Albatl,~," '~H1,"'.",',·lt2Jl" ,'" 'y' , , , " ~

.' _. -" .- . , " .. ','

5. Signature - Ad X 6. Signature ~ Agen1

X 7. Date 9f Delivery

PSFoi'1Ti 3811,Apt.1989

PS Form 3800, June 1985

:0 (J) () <1> 1:J <1>

~ <1> ~ n n: ~ iii' <1> 0. 0. 0 "T1 0 ~ <1>

" <1> ~ !!1 ,,' <1> '<

-< "T1 <1>

"T1 <1> <1> <1>

'0 Insured o cbb . o ReturnReceip~

for Merchlindise

ys oblain sjgriatu~e of addressee ~,nt Il!nc! bA T.E DELlYER'Eii '

Addressee'~Address(ON!_Y if req~sted and fee paid)

DOMESTIC RETURN RECEiPT

,:;U.s.G.P.O. 1989-234-555

'1J (J) (J)

p ~ <D :EI

~ a m

() "U

z!!! ~ ~ :!I ru -< en ..lI rn~~h :0> 0 "C

(D -~:EI (b ~m

~ ~~ () tn ~ ~mrr." ru lb 0 $! :EI tn ~ ~~:j ~r"'t:l'"

-\J ~~ iii i=~ C -\J

"'3: 1]:1

» ~r=

L

NYS Departme~ of St~te Bureau of State Records 162 Washington Avenue Albany, NY 12231-0001

1.:_ J l~=' ,« "';:-·' .... \..6A -~.- .~....... 'It "lo- 1\1'. ~ ......... -:e:- . ..

• JI- ,.,' II S fIO\IAr.~ !-.- It! u. t v .l1l ,,,

rl.~1 - 0 I 5 --/= ;~i::: • ::t: p.e.MET fII i 1-~117156 L- _ ..j:

®W1~m~~, y County I, fi,*, (:;} \':':.4·~.~:.t S~lAdmi:n'tst, ators Office It,\' County).' nex Building Io..:rJ JUL 6 Itf190 B ," . 369 ~

Fonda, NY 12068-0369

ADMINISTRATOR'S IfflCE

... moSTATU VOSTALBE ... CE D J1@ JIk.Jj'ii 'OFFlClAL BUSINESS ' '~ .' . ' l~] t

~--~S~EN~DE~'.~R~I~N~S~T~RU~CT~IO~N~S~---JI d Print"yciur nlime. address and ZI1' Code in the spice below. • Complete Items 1. 2. 3. and 4 on the.

JUN 2,2 1990 reverse. "

.' Aitri~H ,to front of article if space I\lDllIlISm~:nIrS ~ pernilts~ otherwise affix to. back of ,I' , ' IIIIFT.r;;

-: '.-

'article. . . . , • Ei1!iorse ,article "Relurn Receipt

Requested" adjacent to numbet.

PENAL TV FOR PRIVATE USE. $300

RETURN , TO ..

Print Sender's name. address. and ZIP Code in the'space below.

BOle ISba

PS Form 3800, June 1985 ,< U.S.G.P.O. 1989·234·555

JJ (J) (")

'" "0 '" Ih '" ~ ::;- (')

n: ~ iii a.

'" 0 ." a. 0

~ '" <' '" ~ ~ <' '< ~ ." '< '" ." '" '" '"

." (J) (J)

p @ '" ::XI ~

a m 0 ""0 m z-

0"0 OJ ~z -t

-I (I) ..lI -... "T1 c= -r:.~,

f./)g~O ;:'0

~ ~~:Jl tn ::og;gO

en ~iii FT.' ru iii ::! ~ ::XI tn ~ ~Cl-l (b»m _ __ r"."

-oJ ~ ~ iii -oJ r=~ C [):I 03:

» \>i=

•

•

(Pleaw Use this Furm for Filing your Local Law with tI,e Secretary or State)

T ~xt "r I;JW shHul,1 b.: t!iven ;JS amended. Do nul include mailer being elimin;Jlcd and d,) nut use ilalics ur udderlininll to in4icale new matter.

\

County

-

= of ..................... ~~.~!.~~~!':Y. .............................................................................. .

Local Law No ........... 1 ................. _ ..................... - or tile J~ 19 20. .. _

A local law RELATIVE TO THE FILING OF FINANCIAL DISCLOSURE STATEME~TS BY CERTAIN COUNTY OFFICIALS AND EMPLOYEES AND PROVIDING FOR A CdUNTY CODE OF ETHICS AS AUTHORIZED BY SECTION 812 OF THE GENERAL MUNICIPAL LAW

Be it enacted by the ............ ~~~.r.!! .. !?f..~yp.~r..y.l.~!?r.~ .. -.......... - ...... -.. - ... ---.. - ............ - of the (N_ ....... , .... , •• 8M" .

County - of Montgomery, .. ........................... _ .................................. _ ............ follows: - .............................. ............ .................................... .. .,

2

SECTION 1. The Board of Supervisors of the County of Montgomery does hereby adopt a Code of Ethics for the guidance of its officers and employees, setting forth herein the standards of conduct reasonably expected of them .nd, pursuant to Section 812 of the General Municipal Law of the State of New York, the Board does hereby declare that certain officers and employees are required to file completed annual statements of financial disclosure. Such a Code of Ethics is mandatory for all municipalities, and would be imposed by the State of New York after January 1, 1991, unless each municipality establishes such a code and disclosure mechanism prior to that date. 1

SECTION 2. DEFINITIONS.

A. "Official or employee" means an official or employee of the County of Montgomery government whether paid or unpaid, who is a member of one or more of the boards, ~ommissions, departments or agencies which' serve the County of Montgomery, and all department and deputy department heads. A listing of department heads and deputies; other managerial employees; statutory committee appointees; special appointees of the Board of Supervisors and its Chairman; ad hoc committee appointees, and individual appointees by the Boarp of Supervisors or by the Chairman of the Board of Supervisors required to file the annual disclosure statements will annually be established by the adoption of a resolution by the Board of Supervisors.

B. "Interest" is a direct or indirect pecuniary or material benefit accruing to an official or employee as the result of a contract, business, professional transaction or other relationship with the County of Montgomery. For the purpose of this article, an official or employee will be deemed to have an interest in the affairs of:

1. 2.

3.

His or her spouse and unemancipated children; A firm, partnership, corporation or association of which an official or employee is a member or employee; A corporation of which such official or employee is a member, official, director,. employee or in which the official or employee owns five (5%) percent or more of any outstanding shares of any class of stock.

~I( additional s~~~:.l:!..'!!:.~~~Lrlease attach sheet;? _of che sa!!!!.!i,~ __ ~_~~i~ and number e.ch> ....

rage 1

•

•

•

Page 2

C. "Spouse" means the husband or wife of the employee or official unless living separate and apart from the employee or official with the intention of terminating the marriage or providing for permanent separation or unless separated pursuant to a judicial order, decree or judgement or a legally binding separation agreement.

"Unemancipated child": means any son, daughter, stepson or stepdaughter who is under the age of eighteen (18), unmarried, and living in the household of the official or employee.

SECTION 3. CODE OF ETHICS.

A. Prohibited Activities:

It is the pol icy of the Board of Supervisors that all official's and employees must avoid conflicts or potential conflicts of interest. A conflict or a potential conflict exists whenever an official or employee has an interest, direct or indirect, which conflicts with their duty to the County or which could adversely affect an individual's judgement in the discharge of his or her responsibilities. No official or employee shall:

1. Take action or participate in any manner whatsoever in his or her official capacity in the discussion, negotiation or the awarding of any contract or in any business or professional dealings with the County of Montgomery or any agency thereof in which the official or employee has or will have an interest, direct or indirect, in such contract or professional dealings.

2. Engage in, solicit, negotiate for or promise to accept private employment or render service for his or her personal benefit when such employment or service creates a conflict or impairs the proper discharge of his or her official duties. .'

3. Solicit, directly or indirectly, any gifts, or receive or accept any gift having the value of twenty-five ($25.00) dollars, or more, whether in the form of money, services, loan, travel entertainment, hospitality, thing or promise, or in any other form, under circumstances in which it could be expected to influence him or her, in the performance of his or her official duties or was intended as a reward for any official action on his or her part.

4. Disclose confidential information acquired in the course of his or her official duties or use such information to further his or her personal interest.

5. Accept employment or engage in any business or activity which will require him or her to disclose confidential information which he or she has gained by reason of his or her official position or authority.

6. Take action on a matter before the County or any instrumentality thereof, when, to his or her knowledge, the performance of that action would provide a pecuniary or material benefit to himself or herself •

B. Disclosure of Interest.

1. Any official who has, will have or intends to acquire a direct or indirect interest in any matter being considered by the County of Montgomery or by any other official, board, agency, officer or employee of the County of Montgomery, and who participates in the discussion before or who gives an opinion or gives advice to any board, agency or individual considering the same, shall publicly disclose on the official record the nature and the extent of such interest.

•

•

•

Page 3

2. Any official or employee of the County of Montgomery who has knowledge of any matter being considered by a board, agency, officer or employee of the County of Montgomery in which matter he or she has or will have or intends to acquire any direct or indirect interest, shall be required immediately to disclose, in writing, his or her interest to such board, agency, officer or employee, and the nature and the extent thereof.

C. Annual Code of Ethics Review.

1. Every official and employee is required to attest on an annual basis that he or she has reviewed the Code of Ethics of the County of Montgomery and such attestation shall be made on or before the first of February of each year.

2. The penalties for failing to comply with this subdivision will be the same as those provided for in Section 7.

SECTION 4. DISCLOSURE. , A. All officials and employees of the County of Montgomery shall file a

Financial Disclosure Statement. The Statement shall be filed in the Office of the County Administrator no later than the first day of February of each year, and shall cover the preceding calendar year. Newly'appointed or elected officials'or employees whose duties commence after the first of January will be required to submit a Financial Disclosure Statement within thirty (30) days after the commencement of their duties. Such disclosure will cover the twelve (12) months' period prior to the date of filing. Within thirty (30) days of any material change in the information contained in his or her most recently filed Statement, the official or employee shall file a signed amendment to the Statement reflecting such change. It shall be the duty of the County Administrator to verify that each official or emp\oyee subject to this law has filed his or her Statement, and the County Administrator shall notify the Ethics Advisory Board of any instances of failing to file.

B. Disclosure Statements shall be maintained for a minimum period of seven (7) years from the date of filing.

SECTiON 5. PUBLIC ACCESS .•

The Board of Supervisors recognizes that public access to the Financial Disclosure Statements which are filed by County officials and employees will enhance the public confidence thereof and shall deter conflicts of interest and assist in their uncovering.

A. Any person or news media representatives desiring to review the Financial Disclosure Statement of any official or employee shall submit a written request to the County's Ethics Advisory Board which shall include the following:

1. Name and address • 2. Name and address of any person or organization on whose

behalf the Statement is being requested. 3. A form of identification to verify that an accurate name

and address has been given ~y the person requesting such information. .

4. The reason for inspecting such Financial Disclosure Statement.

5. The payment of a fee of one ($1.00) dollar per page if a copy of the Financial Disclosure Statement is desired.

B. Any official or employee whose Financial Disclosure Statement has been inspected or copies shall be notified of the identity and the address of the person(s) who, or organization(s) which, requested to view or to copy such Statement.

•

•

Page 4

'c. It shall be unlawful for any person or organization to inspect or to copy a Statement for:

1. Any unlawful purpose. 2. For the use, directly or indirectly, in the solicitation of

the official or employee for political, charitable or business purposes."

D. A civil action may be brought by the County's Ethics Advisory Board against any person or organization that violates the provisions of paragraph C. of this Section or for the willful withholding of the information requested in Paragraph A. of this Sect;on~

SECTION 6. ETHICS ADVISORY BOARD.

A. The Ethics Advisory Board shall consist of five (5) member~, each appointed by a majority vote of the County's Board of Supervisors. Each member shall be a resident of the County of ~ontgomery and the Chairman of the Ethics Advisory Board shall be selected by the Chairman of the County's Board of Supervisors for a term of one (1) year.

B. None of the members of the Ethics Advisory Board may hold any other public office, whether elected or appointed, or be an employee of the County of Montgomery .

C. The Ethics Advisory Board will serve a term of four (4) years; however, two (2) of the original appointees shall be appointed to serve an initial term of two (2) years.

D. Four (4) members of the Ethics Advisory Board shall constitute a quorum, with the vote of three (3) members being required for action by the Board.

E. The members of the Ethics Advisory Board shall not be compensated; however, they may be reimbursed for reasonable expenses incurred in the performance of their duties.

F. Responsibilities:

1. The Montgomery County Ethics Advisory Board will meet at least quarterly. At each meeting of the Ethics Advisory Board, an opportunity shall be given to hear or receive complaints of alleged unethical practices which may be brought by any citizen. At a meeting no later than April 30th of each year, the Ethics Advisory Board shall review the filed Financial Disclosure Statements and the attestations which have been submitted by officials and employees.

2. The Ethics Advisory Board shall review all filed statements and complaints received to ascertain whether a conflict of interest or any impropriety exists between the public duties of the official or employee and his or her private activities pursuant to this Local Law.

3. In addition to such other powers conferred by this Section, the Ethics Advisory Board may recommend to the official or the employee the manner in which the conflict of interest or appearance of impropriety may be resolved. An affidavit by the official or employee detailing his or her compliance ~ith the recommendations may be· sufficient reason to rescind the Ethics Advisory Board's decision to make a disclosure. The affidavit must be delivered to the Board at a specific time and place which shall be set forth in the Board's certified, return receipt requested letter to such official or employee. If the official or employee fails to follow the recommendations of the Ethics Advisory Boa~d in e~iminating the conflict of interest or appearance of lmproprlety, that fact shall also be disclosed. Nothing herein contained shall be construed or interpreted to mean '-hat the Ethi cs Advi sory Board is under a duty to make such '~ommendations to the official or the employee.

..

•

•

•

4. The Ethics Advisory Board may grant an extension of ti .. in which to fne Financial Disclosure Statements due· to

.' justifiable cause or to undue hardship. The Board, by majority vote, may grant additional p!riods of time for complying with the requirem!nt of ~lnancial Disclosure Statement filing and shall lmpose tlme limitations upon such extensions. .. •

5. The Ethics Advisory Board may permit ani olffDiicla,' or employee to delete from his or her Financ a sc osure Statement one or more items of information upon a finding by a majority of the entire Ethics Advisory Board that the information which would otherwise be required to be disclosed has no material bearing on the discharge of the duties of the official or employee. In this connection, the Ethics Advisory Board may, when requested, issue advisory opinions.

SECTION 7. PENALTIES.

---------

Page 5

A. If any official or employee refuses or fails, either unknowingly or unintentionally, to file a Statement as required by this Local Law, the Ethics Advisory Board shall notify the County's Board of Supervisors that said individual has not filed such Statement. On such notification, the County of Montgomery may suspend the official or employee without pay, if such person is compensated. In addition, the official or employee shall also be notified by certified mail that such required Statement is not on file. Once a Statement has been filed, the Ethics Advisory Board shall promptly notify the County's Board of Supervisors that the official or the employee has complied with such requirement of this Local Law. The official or employee shall be reinstated, and any monies withheld pursuant to this Section shall be released. Notwithstanding any other penalties imposed by this Section, if any official or employee does not file a Statement within forty-five (45) days after having been notified by the Ethics Advisory Board that said official or employee has failed to file, or if the official or employee files a Statement which the Ethics Advisory Board determines was filed with intent to deceive, intentionally misrepresent or otherwise fraudulently has answered any questions set forth in the Statement, or has intentionally withheld any information asked for or demanded in the Statement, such action shall be deemed a misconduct of office and shall be grounds for suspension or dismissal by the appropriate appointing authority. The Ethics Advisory Board shall send a notice of reasonable cause to the County Board of Supervisors of such instances of alleged misconduct. The Board of Supervisors may then take whatever action it deems appropriate to enforce the suspension or dismissal of the individual.

B. If an official or employee files a 'statement with intent to deceive or intentionally misrepresents, or otherwise fraudulently answers any questions set forth in the Statement, or intentionally withholds any information requested or demanded in the Statement, and if such deception or misrepresentation is found to be both intentional and material, then such official or employee may be assessed a civil penalty of not more than Ten Thousand ($10,000.00) dollars by the Ethics Advisory Board. An assessment of a civil penalty will be final, unless suspended or vacated within thirty (30) days of imposition by the Ethics Advisory Board.

C. It will be a violation of this Local Law for any individual, except the individual who files such Statement, to disclose any information contained on a Financial Disclosure Statement except as authorized by this Local Law. A civil action may be brought by the Ethics Advisory Board against any person or organization that violates this paragraph.

D. Nothing in this Section shall be construed as precluding the prosecution of officials or employees for violations of any offense, criminal or civil, pursuant to the laws or statues of the State of New York.

SECTION 8. CONSISTENCY WITH LAWS.

This Local Law is a policy of the Montgomery County Board of Supervisors, and by its enactment it rescinds and supersedes Resolution No. 236 of 1970,'

•

.. " . " .

Page 6

Resolution No. 222 of 1971, Resolution No. 53 of 1987 and Resolution No. 222 of i988. t

SECTION 9. SAVING CLAUSE.

If any clause, senten~e or paragraph of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall not affect, impair or invalidate the remainder of the local law which shall as to such remainder remain in effect.

SECTION 10. EFFECTIVE DATE.

This local Law shall take effect upon its filing thereof in the Office of the Secretary of State, however, no officer or employee shall be required to file the required Financial Disclosure Statement until February 1, 1991.

. .

, . . . -

5. (City local law concerning Charter re\ ision proposed by petition.)

• I hereby cei'tif~ that tht·loc.r.! l.lw ,.:lIlexed hNeto, designated as local law No • .................... oC 19 ....... .

of the City of.. ........................................................................ h;lving been submitted to reCerendum pursuant to the

provision's of : ~~ of lil<.: ~iullicip.illl...llle flule Law, ami Lwing received the affirmative vote or a majority

1 r h · . h h' special 1 t' h ld of the qualified e ector::> 0 sue city · .. otlng t ereon at tel e ec lon e on ................................ .. genera ................ 19 ............ became operati .... e.

6. (County local law concerning adoption of Charter.)

I hereby certif~' that th~ local law annexed hereto. d~signated as Local Law No ....... of 19 ...... of the County of ........................................ , St~lte of New York, having been submitted to the Electors at the General Election of November .......... t 19 .......... , pursuant to subdivisions Sand 7 of Section 33 of the Muni-cipal Home Rule Law, and having received the! affirm"tiv~ vQte of a majority of the qualified eJectors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative.

(If any other authorized Corm o[ final adoption has been [ollowed, please provide an appropriate cerU £ication.)

... I further certify that t have compared the preceding local law with the original on Cite in this oCfice and that the same is a correct transcript therefrom and of the whole of /Such original local law, and was fin~lly adopted in the manner indicated in paragraph ........ .1. ................. above.

~IJJ,~ __ aerie oCtile County ....... tiYe body. Ctr. Town 01 ViUIII CItIk or

omcer ... tANl by lOCIIaepaative body ,

Date: June 14, 1990

(Seal)

(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.)

STATE OF NEW YORK

• COUNTY OF .............. ~.9.!'!.t.ggm~.r..Y. ............. .

I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the loca 1 law annexed hereto.

~ ....................... . ~9!1!1~Y. ~~~~r~~Y ........ 0 •••••••••••••••••••••

Date: June 14,1990 ·COunty-= of ........ ~~~.~~!?~.~r. ................................ .

Page 3

•

•

, . " .- ,

(Complete the certification in tho porar;roph which "pplies to tho filing or this locol law Ilnd strike out th., matter therein which is nol applicable.)

1. (Final adoption b)' locallegisloUve body only.)

'. I hereby certify that the local law annexed hereto, designoted 0510collaw No. •••. l. ........... of 19 .~9 ... County

of thC' _- of ..... ~9.r.1t9.9.~gry..: ........ was duly pns~wd hy the ......... ~9.~r.~ .. 9.f ... ~~p.~r..v.!l9.r.~ .......................... . ~. (Name .f Le.la.otl". 8od,) ._2. \

on ........ ~.y1.l.~ .. J.~ ........................ 19 ... ~9. in accordance wilh the applicable provisions of law. .

2. (Passage by local legislative body with approval or no disapproval by Elective Clde[ Executive OfCicer" or repassago alter disapproval.)

I hereby certify that the local law annexed hereto, designated as locallaw No ..................... of 19 ...... ..

County City

or the T of ...•..•.•••••.•.•••......•...........• was duly passed by the ................................................................................. . own . (N.lllt of Le.,.latl"e Body)

Village not disapproved

on ..................... _ ........................... 19 ........ and was approved by the ...................................................... . repassed after disapproval £leeU". Chief Executl"a Officer -

and was deemed duly adopted on ......................................... ~ .............. 19 ......... in accordance with the applicable provisions of law.

3. (Final adoption by referendum.)

I hereby certify that the local low annexed hereto. designated as local law No .......... ~ ....... or 19 ......... .

County

or the TCity of ............... " ..................... was duly passed by the·.:.~ ................................................................................. . own (Name 01 1 .... l.l.tI.,. 00.,)

Village not disapproved

on ...................•..••.....••......•.......•.•..• 19........ and was approv~d by the ...••.•••••••••.••.••.•••.•••••••••••••••••••••••••••.•••.••••• repassed after disapproval meeU.,. CII'of ~eeu'l"e Officer-

on ...................................................................... 19. ........ Such local law was submitted to the people by reason of a

;:::n~:t:t~e referendum,and received the afFirmative vote of a majority of the qualified electors voting general

thereon at the special election held on ................ : ..................................... 19 ........ , in accordance with the oppli. annual

cable provisions of law.

4. (Subject 10 permissive reFerendum. ond flnol adoption because no valid petition rued requesting refert-ndu •• )

I hereby certify that the local law annexed hereto, designated as local law No ............ T ..... or 19 ......... .

County City .

of the Town of ...................................... was dul y passed by·the ................................................................................ on Village . (Name eI Le.I.I.U". 8M')

not disapproved ...................................................... 19........ ond was aplWoved by the ..•.....•..••••••...•..•...••••.•.•..•....•..•..•.•...... 00

repassed after disapproval Electl.,. Chla' E •• elltl.,. Offle.,-

······· .. · .. · ................................................. 19 ......... Such local law being subject to ~ pennisslve referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on

...................................................................... 19 ......... in accordance with the applicable provisions of law.

eEleetiwe Chief Executiwe OlrlCer mans or Includes •• e cllief executive offleer of a count)' elected 0. a COWIt)'''' ... _ or. if t.ere be aoae. the daaJrm ... of tile county IeJislatiYe body. lIae mayor of • ell)' or 'fIIIaae 01' lIa • ...,...,..r of. Iowa. where JUdi offICer is Yelled wk. power to .pprove or yeto Iocalla .. or ordinanca.

Page 2

Date 8/31/89

Local Law(s) No. ___ -=:.2.:..0 _______ _ Year_--oI:.19""'8><..9«--__

Municipality __ .l!JM)Ll.LIn .... t>;lgom ......... ~""~-'CO"""'-'lID~t""-ly~ __ ADMrIUsTR{n ;}(~J<~ .

Please be advised that the above-referenced material was received and filed by this office on ----8./.2B.tBL- .

Additional forms for filing local laws with this office will be forwarded upon request. /i

383602-004 (4/87)

NYS Department of State Bureau of State Records

•

•

(Pin_ Use this Form for Filing your Local Law with the Secretary of State)

Text uf law should be tPven as amended. Do not include matter being eliminated and d,) not use italics or underlining to in4icate new matter.

eo_ty = of ..................... ~~.~~.~~!~~:.:t. .............................................................................. .

Local Law No ............ ?~ ........................................... of the year 19 .. ~~ ..... .

A local law _ AUTHORIZING THE COUNTY OF MONT~OMERY TO SELL LANDS OWNED BY THE COUNTY OF MONTGOMERY AND THE COUNTY OF FULTON AS JOINT TENANTS IN TRUST FOR THE USES AND PURPOSES OF THE FULTON-MONTGOMERY COMMUNITY COLLEGE, TO CONSTRUCT A CULTURAL AND RECREATIONAL COMPLEX AS ESPOUSED BY THE FULTON-MONTGOMERY COMMUNITY COLLEGE FOUNDATION AND RESCINDING LOCAL LAW NO. 9 OF 1988

Be It enactecl "" tile .. _ ........ ~!?~.r.~ ... Q.f ... ~!-!P.~r..Y.j.~.2.r.§ .................. __ ._ ............ _ ...................................... or the (N_ ., .......... , •• ...", .

Couaty

- of ................ _r1Q!'.~g.9.~r.Y. .......................... : ...................................................................................... a. follows:

2

SECTION 1. The purpose of this local law is to authorize the Montgoaery County Board of Supervisors to sell a portion of the lands jointly held by the Counties of Fulton and Montgomery as Joint-Tenants 1n Trust for the Uses and Purposes __ of.the Fulton-Montgomery Community College for the purpose of developing a Cultural and Recreational Complex as espoused by the Fulton-Montgomery Community College Foundation which will serve students attending said College, and the residents of both Counties.

SECTION 2. The lands proposed to be sold are bounded and described as follows:

All that portion, tract or parcel of land situate, lying and being in the Town of Johnstown, County of Fulton and the Town of Mohawk, County of Montgomery: Beginning at a point in the westerly margin of Fulton County Road No. 142/Montgomery County Road No. 24-Bendick Corners Road, which point lies in the following courses as measured from a concrete monument marking the most southeasterly corner of lands conveyed to the Fisher Group: S 22 06'20· E 351.49 feet, S 35 50'00" E 46.30 feet and S 22 06'00" E 204.38 feet; thence from said point of beginning S 22 06'00" E 129.85 feet along the westerly margin of said road to a point; thence through lands of Fulton-Montgomery Community College following these courses:

S 50 23'15" W 497.61 feet N 59 28 1 10" W 371.09 feet N 34 41 1 30" E 518.49 feet S 63 43'30" E 400.39 feet to the point or place of beginning. Containing 5.39 acres of l~nd, more or less.

SECTION 3. The lands proposed to be sold herein shall be used as and for the construction of a Cultural and Recreational Complex for the students attending the College, and the residents of both Counties.

Page 1

" I

; , I

• .. j ,)I l

•

e'

SECTION 4. It is hereby found and determined that these lands jointly held by Fulton and Montgomery Counties are not being used by the general public and are not being used for ordinary County purposes, nor are said lands needed for the general educational purposes of 'Fulton-Montgomery Community College.

SECTION 5. It is hereby found and determined that the interests of Montgomery County in the lands described in Section 2 hereof were not acquired for highway purposes, through tax sale or for general County purposes.

SECTION 6. The lands described in Section 2. hereof may be sold to a private person or persons without advertising or competitive bidding by similar, subsequent resolutions which may be adopted by the Boards of Supervisors of the Counties of Fulton and Montgomery, acting in concert.

SECTION 7. To the extent that this local law may be inconsistent with Section 215 of the County Law of the State of New York, it shall supersede that section.

SECTION 8. This local law is subject to, and conditioned upon, the adoption by the Fulton County Board of Supervisors of a similar local law or other legislative expre$sion consenting to the sale of the lands described herein.

SECTION 9. If any clause, sentence or paragraph of this local law shall be adjudged by any Court of competent jurisdiction to be invalid, such adjudication shall not affect, impair or invalidate the remainder of the local law which shall as to such remainder remain in effect.

SECTION 10. This local law is subject to a permissive referendum and shall become effective in the Office of the Secretary of State and as otherwise provided by Section 24 of the Municipal Home Rule Law.

SECTION 11. Local Law No. 9 of 1988 is hereby rescinded.

-2-

. . . .

•

•

,.a • f '

(Complele the certification in the paragraph which uppJics to tho Cillng or this local law and strike out tilt, utter therein wlaich Is DOl applicable.) ,

1. (Final adoption by 10()8lle,lslaUve body only.)

1 hereby certiry that the local law annexed hereto, designated as local Jaw No • .. gQ ........... or 19 .. ~~ .. County

or the _- or ..... Mg.r:\~9.9.~.r.Y .......... was duly possed hy the ......... ~9.~r..~ .. 9.f ... ~~p.~r..y.l~.9.r..~ ..................... L .. .. ••• " (Name of Le,lelaUve Bod,)

2 on ...... f.\y9.lA§.t ••• ~.? .................... 19 .... ~.~ in accordancE' with thp. applicable provisions of law.

2. (Passage by local leBfslative body with approval or no disapproval by Elective Chief Executive OrrIcer.* or repusap after disapproval.)

I hereby certify that the local law annexed hereto, designated as local law No ..................... of 19 ...... .. County City

of the Town of ...................................... was duly passed by the ................................................................................ .. (Na_ 01 Le,lelellve Bod,)

Village not disapproved

on ................................................. 19 ........ and was approved by the ...................................................... . repassed after disapproval £ledlve Cltlaf Execatl.,e Officei' *

and was deemed duly adopted on ......................................... ~ .............. 19 ......... in accordance with the applicable provisions of law.

1

3. '(FI.a. adoptfOll b,. referendum.)

I herebycertifythat the local law annexed hereto, designated as local law No ................... of 19 ....... _.

County

of the TCity of ...................................... was duly passed by the .................................................................................... .. own (Name .f IA.lal,tlve Dod"

Viii , age not disapproved . on ....•...•........•.••.••.••.••••••••.••••••..•••••. 19........ and was approved by the .........•••••.•....•.••....•.....•.••...•...•.•.•.•..•..••...•

repassed after disapproval EJeell.,e Chief ~eeuUve Officei' *

on ................................................................. : .... HL ...... Such local law was submitted to the people by reason of a

mandatory ~ d d • d h rf" f' .. f he l'£i d 1 ' . permissive releren um,an recelve tea Irmatlve vote 0 a maJorlty 0 t qua 1 Ie e ectors vottng

seneral thereon at the special election held on ................ : ..................................... 19 ........ , in accordance with the appli.

annual cable provisions of law.

4. (Subject to penalsalve referendum. and flnal adoption because no valid peUtion flied re~estlng refereMum.)

I hereby certiry that the local law annexed hereto, designated as local law No. .................. of 19 ........ .. County a~ ,

of the Town or ...................................... was duly passed by the ................................................................................ on , (Nallle 01 Le,lelallve BM,)

Villap not disapproved

...................................................... 19........ and was approved by the ......................................................... on repassed after disapproval Electl.,. Chi.' Exeellll"e Officer *

.............................................................. 19 ......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on

...................................................................... 19 ....... ., in accordance with the applicable provisions of law.

eE1eeti¥e 0aW IactIthe 0fIIcer _ or Indudes the daief executive officer of • county elected qa • cOWley·wide b_ or, if tMn be 110M ..... c'o ..... of the COUIlty ....... ttre body, ... lIIIyor of. dty or ... Of the aupeniIor of. town. when .cII oftlcer II ...... with power to appro .. or Yeto local .... or o~lnaac:el.

Page 2

I) .it'. '*'- " ..

•

•

s . (Cil), local law concernlna; Churter re\ lsion proposed by petition.)

I tlt'rebycel·tify that thl·loc.nI I.1W ,.ancxed hf'reto, de~ignated as local law No ..................... of 19 ...... ..

of the City of .................................................... : ..................... h'1\'ing been submitted to referendum pursuant to the

provisions of : ~ of tili: ~iunidpalll...me Rule Lnw,allll Laving received the arrirmativc vote of a majority

of the qualified electors oC such cit), voting thereon at the special1 election held on ................................ .. genera ................ 19 ............ became operative.

6. (County local law concemin, adoption of Charter.)

I hereby certify that th~ local law annexed hereto. designated as Local Law No ....... of 19 ...... of the County of ......................................... State of New York, having been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni-cipal Home Rule Law. and having received the affirmativ~ vQte of a majority of the qualified eJectors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a u~it votinl at said general election, became operative.

(If any other autborlzed form of final adoption has been followed. please prOVide an appropriate certi ficatlon.)

... I further certify that I have compared the preceding local law with the original on file in this office and that the same ia a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ........ ~ ................... above.

Date: August 23, 1989

(Seal)

UN:VVI~ Oedt of the COUDty ......... bodJ. Oty, TOft or vw.,CIerIt or

oflleer .,,1M by IOCIl ~ bod,

(Certification to be executed b)' Coullt)' AUorne)'. Corporation Counsel, Town Attorne)" Villap Attorne)' or ollaer autla ... l.ed Allone), of locality.)

STATE OF NEW YORK

• COUNTY OF .............. M.Q.!!lgQm~.r.Y. ............ .. I. the undersicned. hereby certify that the foregoing local law contains the correct text and that all

proper proceedings have been had or taken Cor the enactment of the local law annexed hereto.

/.i141.. " xM.: ............ . • ~P~!lty. ~H~rr~Y .. : ........................ .

Date: August 23, 1989 'COunty = of ........ ~~~.~~~.!:r.. ............................... .

Pace 3·

Date __ 3_/2_2_1_8_9_

Local Law(s) No. ___ -::-l~ 9,,--_______ _ Year ___ l_9_8_9_

Municipalily ____ County of Montgomery

Please be advised that the above-referenced material was received and filed by this office on ________ lL14/~9 ____ . .

Additional forms for filing local laws with this office will be forwarded upon request.

383602--G04 (4/87)

NYS Department of State Bureau of State Records

•

- ---- ----- --~----------------------- -----------

..

(Plea~ Use this Form for Filing your Local Law with the Secretary of State)

T ~XI IIr law shoulll be !!iven as amended. Do not include mailer beillg eliminaled and dl' not use italics IIf underlining to indicate new matter.

County = or ..................... ~!?~!.~.~!~~:.x. .............................................................................. . 2

Local Law No .................. ~.~ ..................................... of the year 19 -~.? .... ..

A local law ...... ~~.~~.~~.~.~.~.~.~.~ ... ~~~ .... ~.~~.~ ... ~.?.1.~:.x. .. £f.J~.~ ... f..tr.~ ... ~g.Qr..qi!).~!.Qr. ............................................. . (I ..... lItl.)

Be it enacted by the ............ ~g.~.r..~ ... g.f. ... ?~p.~r..Y..t~.2.r.~ .............................................................................. of the (N_ '" .... '.'.'i .. 804,)

County :. of .................... ~Q!:'.t.g.<?!I.l~.r..Y .................................................................................................................. as follows:

2

SECTION 1.(a) The annual salary of the following County Officer is hereby fixed at the sum opposite the office and designation of such County Officer, to wit:

Fire Coordinator $4,500

(b) For the balance of the year 1989 on and after the effective date of this local law, the foregoing officer shall be paid at such a rate when added to amounts paid during the year 1989 prior to such effective date will equal the annual salary fixed for such office.

SECTION 2. This local law 1s subject to a permissive referendum and will be submitted to a vote of qualified electors of the County of Montgomery, if, within 45 days after the date on which it was so adopted, there is filed with the Clerk of the Montgomery County Board of Supervisors a petition protesting against this local law, signed and authenticated as requ1red by Section 24 of the Munic1pal Home Rule law, by qualified electors of Montgomery County registered to vote therein at the last preceding general election, in number equal to at least ten per centum of the total number of votes cast for Governor at the last gubernatorial election held in said County.

Par,t' 1

•

•

(Complete the certification in the porOb'Taph which nppJitlS to thn filing of this local law and strike out tilt'

matler therein which is not applicable.)

1. (Final adoption by local legislative body only.)

I hereby certify that the local law annexed hereto. designated a5local law No ................... or 19 ....... .

County City

of the Town of. ..................................... was duly passed by the .................................................................................. . (Name of Lelialatlve Body)

Village

on ................................................ 19........ in accordance with the applicahle provisions of law.

2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer ,* or repassage after disapproval.)

I hereby certify that the local law annexed hereto, designated as local law No ..................... of 19 ....... .

County City

of the T of ...................................... was duly passed by the ................................................................................. . own (Name of Legislative Body)

Village

on ................................................. .19 ...... .. not disapproved

and was approved repassed after disapproval

by the ..................................................... .. Elective Chief Executive Officer *

and was deemed duly adopted on ........................................................ 19 ........ , in accordance with the applicable provisions of law.

3. {Final adoption by referendum.}

I hereby certify that the local law annexed hereto.designatedaslocallawNo ................... of 19 ........ ..

County

of the TCity

of ...................................... was duly passed by the .................................................................................... .. own (Name of Ler:ialalive Body)

Villag~ not disapproved

on ................................................... 19........ and was approved by the ............................... : .............................. . repassed after disapproval a;:lectlve Chl"f ~xecutive Offic .. r *

on ...................................................................... I9. ........ Such local law was submitted to the people by reason of a

mandatory f d d . d h rc" f· .. r h l'C' d Itt' . . re eren urn, an receIve tea Irmatlve vote 0 a majority 0 t e qua 1 Ie e ec ors vo tng permISSIve general

thE'reon at the special election held on ...................................................... 19 ........ , in accordance with the Dppli-annual

cablE' provisions of law.

4. (Subject to perm.issive referendum, and final adoption because no valid petition filed requesting referendum. )

I hereby certify that the local law annexed hereto. designated as local law No ..... ~.~ ......... of 19 .. ?~ .... County

of the - of..~.~~.!g~.I!!!:.r.Y. ............ was duly passed by the ...... ~9.~r.9. .. 9.f...$.~P.~ryJ~.9.r..$ ........................... on . (Name of L"lialatlve Body)

)U6K~~~.~«cl .~~.~.~~.:..Y. ... ~~.? ........................... 19 .... ~.~ and was approved by the ...... ~.t:l.~.i.r.[I9.o ... Qf ... tb.~ .... ~.O'jH'.d.on

}(~X~«IX"~~««44 Elective Chief Executive Officer *

.~~.m~.~.r.'y ... g.4., ................................... .l9.J~9... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, !'laid local law was deemed duly adopted on

.~~.~~~ ... ~.~.~ ................................................ 19 .. S.9.., in accordance with the applicable provisions of law.

-Elective Chief Executive OffICer means or indudes the chief exeeutive officer of a county elected on a county-wide basis or, if there be nODe, the dtairman of the county legislative body, tbe mayor of a city or Yillqe or the supervisor of 8 town, where such officer is ftSted with power to approve or veto locaIlaWl or ordinances.

Page 2

•

•

..

5. (Cit) local luw concerning Churler re\ision proposed by petition.)

I IiNc·by cerlir~ that tltv lot ;,) :-1\\ ,.:lIlt' xed hereto, de~ignated as local law No •.................... of 19 ........

of the City of .......................................................................... h,n ing been submitted to referendum pursuant to the

provisions of ~ ~ of lil..: ~iunicil',llll.,llIe Hul(' Lnw.QIIJ !.aving "cceived the affirmative vote of a majority

of the qualified electors of such city .·oting thereon at the speciall election held on ................................ .. - - ~~rn

................ 19 ............ became operative.

6 . (County local law concerning adoption of Charter.)

I hereby certify that th~ local bw annexed hereto. designated as Local Law No ....... of 19 ...... of the County of ......................................... Shlte of New York. having been submitted to the Electors at the General Election of November ........... 19 .......... , pursuant to subdivisions Sand 7 of Section 33 of the Muni· cipal Home Rule Law, and having received the affirm .. tivl! vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative.

(1£ any other authorized form of £inal adoption has been followed. please provide an appropriate certification. )

.. I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was

finally adopted in the manner indicated in paragraph ....... ~ ................... above.

Date: Ma rch 13, 1989

(Seal)

Clerk or the County IcJislatiYe body, Oty, Town or VWep Clerk or omcer desipatod by IOCII lepslative body

(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.)

STATE OF NEW YORK

COUNTY OF ............ .J1.Q.!1.tggm~.r.Y. ............. .

I, the undersigned, hereby certify that the Coregoing local law contains the correct text and that all

proper proceedings have been had or taken for the enactment of the local law annexed hereto.

dJgd ?~c.dl.' ... .......... . y£~ :: .. /. ( (~atuJe . ~9!J!l~Y. ~F~~r~~Y .......................... .

Title

Date: March 13, 1989 Coullty---II1II Montgomery _ oC ............................................................... .

Page 3