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Article 2 - Legislative Branch - Code


Section 2.01 The county legislature.
  2.02 Powers and duties.
  2.03 Local laws; form and procedure.
  2.04 Adoption of local laws.
  2.05 Conference expenses.
  2.06 Petty cash funds.
  2.07 Seal.

Section 2.01 The county legislature. The county legislature and all officers and employees thereof shall comprise the legislative branch of the county government.

Section 2.02 Powers and duties

  1. The county legislature shall have and exercise all the powers and duties now or hereafter conferred or imposed upon it by the county charter, by this code, by local law, by the county law, or by any other applicable law, or by any applicable act of the legislature not inconsistent with the county charter or this code.
  2. The rules and regulations for the conduct and procedure of the county legislature in effect at the time of the adoption of this code shall, to the extent that they are not inconsistent with the county charter or the code, remain in full force and effect until rescinded, altered, or amended.
  3. Notwithstanding the provisions of any state law, or of any local law, act, resolution or salary plan heretofore adopted or enacted by the county legislature, such legislature shall have the power to fix or change the compensation of all officers and employees paid from county funds except members of the judiciary.

Section 2.03 Local laws; form and procedure. Except as otherwise provided in the county charter or this code, the form and procedure for the adoption of a local law, including referendum, mandatory or permissive, shall be as provided in the New York state municipal home rule law.
Amended by Local Law No. 9 1974.

Section 2.04 Adoption of local laws. When the county legislature shall have passed a local law or ordinance specifying functions affected thereby of any administrative unit in which an advisory board has been appointed, the clerk of the county legislature shall transmit a duplicate certified copy of such local law or ordinance within five days after its passage, to the chairman of such advisory board and to any other person authorized to call a meeting of such advisory board. Such transmittal shall be deemed to be a referral of such local law or ordinance by the county executive to such advisory board for its consideration and recommendation pursuant to the provisions of section nineteen hundred one of article XIX of the county charter.

Section 2.05 Conference expenses. The chairman of the county legislature shall have the power to designate and authorize any member, officer or employee of the legislative branch to attend an official or unofficial convention, conference or school for the betterment of county government. Within the appropriation therefor and when so authorized all necessary and actual expenses including but not limited to a registration fee and mileage as fixed by said legislature shall be paid from county funds.

Section 2.06 Petty cash funds

  1. The county legislature, upon the recommendation of the county executive, may establish a revolving petty cash fund for any administrative unit or subdivision thereof or officer in such amount as is deemed necessary. Any petty cash or imprest fund heretofore established by the county legislature shall be continued in existence as a petty cash fund for the administrative unit or subdivision thereof or officer for which it was established or the successor of such unit or officer created pursuant to the provisions of the county charter or this code. The county executive shall determine which administrative unit, subdivision or officer shall be considered to be the successor administrative unit, subdivision or officer for the purposes of this section. The county legislature, upon the recommendation of the county executive, may increase, decrease or abolish any petty cash fund established or continued pursuant to the provisions of this section. Any such petty cash fund shall otherwise continue in existence from year to year until abolished.
  2. Expenditures from a petty cash fund may be made only for payment in advance of audit of properly itemized and verified or certified bills for materials, supplies or services other than employment, furnished to the county for the conduct of its affairs and upon terms calling for payment to the vendor upon the delivery of any such materials or supplies or the rendering of any such services, provided that moneys in any such fund also may be used for the purpose of making change when such is required in the performance of official duties, and further provided that moneys in any such fund established for the office of the sheriff, district attorney, or any county peace officer may also be used to advance travel funds to personnel of the sheriff's or district attorneyos office or any county peace officer when required to travel outside the state of New York on official business. Upon audit of bills such petty cash fund shall be reimbursed from the appropriate budgetary item or items in any amount equal to the amount audited and allowed. The county comptroller immediately shall notify the commissioner of finance in writing of the disallowance of any such bills or any portion of any such bills, stating the amount in each case disallowed. Any of such bills or any portion of any such bills as shall be disallowed upon audit shall be the personal liability of the official responsible for the use of petty cash fund from which payment on account thereof was made, and such official shall forthwith reimburse such petty cash fund in the amount of such disallowances. If such reimbursement has not been made by the time of the first payment of salary to such official after the disallowance of any such bills or any portion of any such bills, the amount of such disallowances shall be withheld by the commissioner of finance from such salary payment and, if necessary, subsequent salary payments, and paid into such petty cash fund until an amount equal to the amount of such disallowances has been repaid to such petty cash fund.

Section 2.07 Seal

  1. The seal of the county legislature shall consist of two circles, one within the other, with the words "Seal of County Legislature Erie County, New York," around the outer circumference of the inner circle and in the inner circle the words "County Organized 1821".
  2. The following design is hereby adopted as the official and standard design of such seal.

  3. Such seal shall be used for all authorized and requisite purposes.