The Allegany County Legislature wants to modify the duties of the county administrator. On Monday, they'll set a public hearing date for a proposed local law to do just that.
RESOLUTION SETTING DATE OF A PUBLIC HEARING ON A LOCAL LAW
ESTABLISHING THE OFFICE OF COUNTY ADMINISTRATOR FOR ALLEGANY COUNTY AND
REPEALING LOCAL LAW NO. 3 OF 1992, (AS AMENDED BY LOCAL LAW NO. 3 OF 1995,
LOCAL LAW NO. 2 OF 2010, AND LOCAL LAW NO. 2 OF 2016)
Offered
by: Ways & Means Committee
WHEREAS,
on this 8th day of April, 2019, a local law (Intro. No. 1-2019,
Print No. 1) was introduced establishing the Office of County Administrator for
Allegany County and repealing Local Law No. 3 of 1992, (as amended by Local Law
No. 3 of 1995, Local Law No. 2 of 2010, and Local Law No. 2 of 2016), and
1. That a
public hearing shall be held on April 22, 2019, at 2:00 p.m. in the County
Legislative Chambers, Room 221, County Office Building, Belmont, New York,
before the Allegany County Board of Legislators, in relation to proposed Local
Law Intro. No. 1-2019, Print No.1.
2. That the Clerk of the Board of
Legislators is directed to prepare, with the assistance of the County Attorney,
a notice of said public hearing, to cause the publication of said notice in
each of the two newspapers which have been officially designated by this Board
to publish “notices,” and to affix a copy of said notice on the County bulletin
board in the County Courthouse at Belmont, New York; both publication and
posting to be made at least five days before the public hearing.
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A portion of the proposed law reads:
BE IT ENACTED, by the Board of Legislators of the County of Allegany, State of
New York, as follows:
Section 1. Legislative Intent. The Allegany County Board of Legislators established the position of County Administrator by Local Law No. 3 of 1992, which was
subsequently amended by Local Law No. 3 of 1995, Local Law No. 2 of 2010, and Local Law No. 2 of 2016, and set forth the powers and duties of said position. The Board of Legislators of the County of Allegany now desires to revise the powers and duties set forth in said Local Law and by this Local Law set forth the powers, duties, mode of selection and removal, and term of Office of the County Administrator.
Section 2. County Administrator: Appointment and Term of Office. There shall
be a County Administrator who shall be directly responsible to the Board of Legislators and on behalf of the Board of Legislators shall perform the functions of a Chief Administrative Officer, with the Board of Legislators retaining the final administrative authority.
a. The position of County Administrator shall be unclassified for Civil Service
purposes.
b. The Board of Legislators shall have the power to appoint and remove the
County Administrator and shall set the County Administrator's annual salary
and allowable expenses and benefits.
c. The Board of Legislators shall have the authority to enter into a written
agreement with the County Administrator setting forth the County
Administrator's salary, allowable expenses and benefits, and such other
terms and conditions of employment as the Board of Legislators deem
appropriate.
d. The County Administrator shall, on an annual basis, undergo an evaluation of
his or her job performance as conducted by the Board of Legislators in a
manner to be determined by the Board of Legislators.
e. The term of office of the first County Administrator appointed pursuant to this
local law shall commence on the date of his or her appointment and shall
expire on December 31, 2021.
f. The term of office of each subsequent County Administrator shall be for four
years or such lesser term as agreed upon between the Board of Legislators
and the County Administrator in a written employment agreement; however,
in no event shall the Board of Legislators appoint a County Administrator to a
term of office that exceeds the tenure of the Board of Legislators making said
appointment.
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Section 5. Powers and Duties. Without curtailing, diminishing, or transferring the powers of any elected County Official, the County Administrator shall oversee, provide leadership for, and have general supervision over all departments, offices, and agencies within the county government structure. The County Administrator shall act as
the representative of the Board of Legislators. Within the limits of his or her authority, the County Administrator shall be responsible to the Board of Legislators for the overall administration of county government, as directed by the Board of Legislators, and shall provide a full range of staff services to the Board of Legislators, the Chairman of the Board of Legislators, and the various committees of the Board of Legislators. The County Administrator shall coordinate the activities of the several officers, employees, agents, departments, boards, and agencies so that the policies and programs enunciated by the Board of Legislators, as well as programs mandated by other governmental authority are implemented in a cost effective manner for the most benefit to the citizens served. The County Administrator shall perform all the duties now and hereafter conferred or imposed upon the office by law and directed by the Board of
Legislators and shall have all the powers and perform all the duties necessarily implied or incidental thereto. Such powers and duties include the following:
a. To appoint staff within the Office of the County Administrator as may be
authorized by the Board of Legislators.
b. To assist the Chairman in assuring that statutes, local laws, and resolutions of the Board of Legislators are faithfully executed and to report to the Board of Legislators any neglect of duty.
c. To attend meetings of the Board of Legislators, its committees, and such
other meetings as the Board of Legislators may direct.
d. To participate when requested by a member of the Board of Legislators in
discussions of issues being considered by the Board at its meetings.
e. To develop policy and procedural recommendations for consideration by the Board of Legislators.
f. To aid the Board of Legislators in evaluating proposals presented to it and
make recommendations concerning such proposals.
g. To undertake such administrative and management studies that are
requested by or approved by the Board of Legislators.
h. To submit to the Board of Legislators reports and recommendations regarding governmental operations.
i. In conjunction with Board of Legislators, to maintain liaisons and represent the Board of Legislators with political subdivisions, state and federal officials and agencies.
j. To have general supervision of all County Department Heads except the
County Attorney, Clerk of the Board, and those that are elected officials.
k. To work in conjunction with and coordinate the activities of County
Department Heads and the administration of all units of county government in order to most efficiently implement the directives of the Board of Legislators, with a particular emphasis on the provision of consistent and fair departmental goals, objectives, staffing practices, and operations in
accordance with established policies.
I. To conduct regular meetings with County Department Heads and others
deemed necessary and to ensure all County Department Heads are aware
and kept abreast of all developments which would have a potential impact to the individual departments.
m. To have the administrative responsibility of approving the organization and staffing within any specific department, or agency or operation subject to his or her administrative control.
n. To make recommendations for appointments by the Board of Legislators for all heads of units of county government, except the County Attorney, Clerk of the Board, and those that are elected officials.
o. To undertake annual performance evaluations and annual salary
recommendations to the Board of Legislators for all head of units of county
government except the County Attorney, Clerk of the Board, and those that
are elected officials.
p. To determine what officer shall perform a particular power or duty not clearly defined by law.
q. To review proposed department and office budgets collaboratively with
County Department Heads and the Budget Officer, if one is separately
appointed, and make recommendations for expenditures to be in the County
Budget, and monitor expenditures throughout the year.
r. If also appointed as Budget Officer, prepare the annual tentative budget for review and adoption by the Board of Legislators to ensure appropriate
budgetary controls and to promote the effective, efficient, and economical
management of appropriated funds.
s. To recommend for approval all bills, vouchers, invoices, and other evidence of claims, demands, or charges paid from County funds or by any County agency, or payment for which the County, its officers, or agents are
responsible.
t. With the approval of the County Treasurer, to prescribe the form of financial reports, receipts, vouchers, bills, or claims to be filed by all administrative agencies, departments, offices, or officials of the County.
u. To authorize individual departmental transfers of funds within any equipment or contractual expense appropriation account in amounts of less than $5,000 per transaction and report same to the Board of Legislators on a monthly basis.
v. To authorize all attendance at conferences, conventions, and schools
pursuant to Local Law 2 of 1995 as the same may be amended from time to
time.
w. To direct all labor relations activities, including the responsibility for collective bargaining, contract administration, grievance processing, the modification and administration of county work rules, and to cooperate with the County Attorney in the selection and employment of such counsel as may be required to assist in these matters.
x. To execute and approve contracts and other related documents, in the name of the County, up to an amount and process directed by the Board of
Legislators subject to the approval of the County Attorney as to form and
legality, and subject to the rules and regulations of the Board of Legislators
and applicable laws.
y. To perform those specific tasks directed to be performed by him or her by the Board of Legislators or Standing Committee overseeing the Office of the County Administrator pursuant to its authority under the County Board Rules. The County Administrator shall not perform specific tasks requested of him or her by any individual Legislator.
z. To have such other related powers and perform such other related duties as may now or hereafter be confirmed or imposed by the Board of Legislators.
