Tompkins County Administrative Policy Manual

PREPARING LOCAL LAWS

Effective: January 12, 1981 01-02

Most Recent Revision: March 21, 1995

Objective: To outline procedures for department heads to follow in processing an item of business which must be handled by local law.

Reference: Office of the Clerk of the Board of Representatives

Board of Representatives Policy:

1. Certain items of County business are required by state law to be presented as local laws rather than as resolutions passed by the Board of Representatives. The procedure requires more steps than that of preparing a resolution (Policy 01-01 )

2. The first consideration is determining which items of business must follow the local law procedure. Any amendment to a local law or to the Tompkins County Charter and Code requires a local law. Department heads should inquire of the County Attorney if any item of County business requires the process of local law. Intradepartmental business will not usually require a local law.

3. The department head should follow the procedure for preparing resolutions (see Policy 01-01).

4. The local law shall be in its final form and included with the meeting agenda of the meeting at which a resolution establishing a public hearing on the local law is scheduled to be voted on whenever circumstances permit, but must be in its final form and on the desks of Board members no later than seven (7) calendar days, exclusive of Sundays, prior to final passage.

5. The Board of Representatives shall by resolution establish the date, time and place for a public hearing. All local laws require a public hearing unless they are considered emergency measures requiring immediate passage as outlined in Municipal Home Rule Law, Section 20 (4).

6. The Clerk of the Board of Representatives shall place a notice of the time, place and date of the public hearing in the official daily newspapers of the County at least five (5) calendar days prior to the public hearing. For local laws involving certain federal agencies, e.g., Federal Aviation Administration (FAA), notices of public hearings must be placed in official newspaper(s) ten (10) calendar days before the public hearing.

7. Following the public hearing, a member of the Board of Representatives shall present a resolution to adopt the local law. The local law shall be adopted by a majority affirmative vote of the total number of members of the Board of Representatives. Local laws are not effective until filed with the Secretary of State, which must be done within five (5) days of adoption.