ERIE.GOV | Your information resource from the government of Erie County, New York


County Executive Elected Officials County Departments Living In Erie County Visiting Erie County Growing your business in Erie County State and regional municipalities

Article 26 - General Provisions - Charter


Section 2601. Administrative unit defined; administrative and advisory boards.
  2602. Approval of contracts.
  2603. Civil service rights continued; status of certain county officers previously appointed; removal of certain officers hereafter appointed.
  2604. Filling vacancy in elective office of county executive or comptroller.
  2605. Filling vacancy in elective office of county legislator.
  2606. Filling vacancy in elective office of county clerk, district attorney or sheriff.
  2607. Power to administer oaths and issue subpoenas.
  2608. Charter revision commission.

Section 2601. Administrative unit defined; administrative and advisory boards. "Administrative unit" shall mean any department, executive division, institution, office or other agency of county government except a bureau, division, section or other subordinate part of any of the foregoing.

The board of trustees of the Buffalo and Erie county public library and the board of trustees of the Erie county technical institute shall continue to be administrative boards heading the respective administrative units. Every other board, all appointive members of which are appointed by the county executive, shall be an advisory board. An advisory board shall have no administrative or appointive powers but, when requested by the county executive, shall assist him in the recruitment of candidates to fill a vacant position as head of the respective administrative unit.

Except as otherwise provided in this charter, advisory boards shall consist of such numbers and the members thereof shall be appointed for such terms as may be provided in the administrative code. In the absence of any such provision, the number of members shall be not less than five nor more than fifteen as determined by the county legislature and appointments shall be for five year staggered terms. Initial appointments shall be for such periods as will result, as nearly as practicable, in the same number of term expirations each year. If a vacancy occurs other than by the expiration of a term, appointment to fill such vacancy shall be for the unexpired portion of such term.

Before approving or vetoing any local law or ordinance specifying functions affected thereby of any administrative unit in which an advisory board has been appointed, the county executive shall refer such local law or ordinance to such advisory board for consideration and recommendation.

It shall be the duty of each advisory board to study conditions in its respective field, with particular reference to the policies and programs in Erie county, and to report its findings and recommendations to the county executive, who shall forward the same together with any comments he or she may choose to make, to the county legislature.

Section 2602. Approval of contracts. Except as otherwise provided in this charter, or the administrative code, any contract to which the county is a party shall require approval by the county legislature, if said contract is for: (a) the sale or purchase of real property; (b) the erection, alteration or demolition of a building or other structure; (c) professional, technical or other consultant services; or (d) the provision of facilities or the rendering of services by or for any other unit of government. Contracts for professional, technical or other consultant services under this section shall be subject to the informal requirements as provided in the administrative code.

The county executive shall execute all contracts on behalf of the county, except as otherwise provided in the administrative code.

Amended by Local Law No. 6 1983.

Section 2603. Civil service rights continued; status of certain county officers previously appointed; removal of certain county officers hereafter appointed. The civil service status and rights of all county employees and their beneficiaries, including but not limited to those with respect to retirement and social security, shall not be affected by this charter. The terms of all county officers whose appointment under this charter is vested in the county executive shall terminate with December thirty first, nineteen hundred sixty; provided that any such officer, unless removed, shall continue to serve until his or her successor is appointed and has qualified or until an interim appointment is made. Provided, further, that the term of the appointive comptroller shall terminate with December thirty first, nineteen hundred sixty one. Any county officer appointed by the county executive for the term or balance thereof of such executive may be removed, prior to the end of such term, after written notice from the county executive. Upon written request, such county officer shall be given an opportunity to be heard by a board of review consisting of (1) the county executive, (2) the chairman of the county legislature, and (3) the comptroller. Upon such hearing, removal shall be effected only by a two-thirds vote of such board of review.

Section 2604. Filling vacancy in elective office of county executive or comptroller. A vacancy, otherwise than by expiration of term or removal by the governor, in the elective office of county executive or comptroller, shall be filled by appointment by the county legislature of a qualified elector of the county having the same political affiliation as the person last elected to such office. A vacancy occurring in such office as the result of the removal of the incumbent by the governor shall be filled by appointment by the governor, of a qualified elector of the county having the same political affiliation as the person last elected to such office. The person appointed by either the county legislature or the governor shall hold office by virtue of such appointment until the commencement of the political year next succeeding the first annual election after the happening of the vacancy, at which election a county executive or comptroller, as the case may be, shall be elected for the balance of the term, if any.
Added by Local Law 14 1973.

Section 2605. Filling vacancy in elective office of county legislator. A vacancy, otherwise than by expiration of term or removal by the governor, in the elective office of county legislator, shall be filled by appointment by a majority vote of the members of the county legislature of the party with which the person last elected to such office identified for the purpose of selecting a majority and minority leader. A vacancy shall be included in the total count of which there is to be a majority vote. However, when the number of vacancies is such that there are not enough incumbents remaining in the party having the vacancies to total a majority of the number of members of the party as it existed before the vacancies occurred, then the vacancy or vacancies shall be filled by an unanimous vote of the remaining members of said party. The person newly appointed shall be a qualified elector of the county having the same political affiliation as the person last elected to such office, shall be a resident of the district to which such appointment is made, and shall be eligible under section 202.1 of the Erie county charter. A vacancy occurring in such office as the result of removal of the incumbent by the governor shall be filled by appointment by the governor, of a qualified elector of the county having the same political affiliation as the person last elected to such office. The person appointed by either the county legislature or the governor shall hold office by virtue of such appointment until the commencement of the political year next succeeding the first annual election after the happening of the vacancy, at which election a county legislator shall be elected for the balance of the term, if any.

Amended by Local Law No. 1 1980.
Added by Local Law No. 14 1973.

Section 2606. Filling vacancy in elective office of county clerk, district attorney or sheriff. A vacancy, otherwise than by expiration of term or removal by the governor, in the elective office of county clerk, district attorney or sheriff shall be filled by appointment, by the county legislature, of a qualified elector of the county having the same political affiliation as the person last elected to such office. A vacancy occurring in such office as the result of removal of the incumbent by the governor shall be filled by appointment, by the governor, of a qualified elector of the county having the same political affiliation as the person last elected to such office. The person appointed by either the county legislature or the governor shall hold office by virtue of such appointment until the commencement of the political year next succeeding the first annual election after the happening of the vacancy, at which election a county clerk, district attorney or sheriff, as the case may be, shall be elected for the balance of the term, if any.

Section 2607. Power to administer oaths and issue subpoenas. The chairman of the county legislature, the county executive, the county comptroller, and such other county officers as may be authorized by law shall have the power to subpoena and compel the attendance of witnesses and the production of books and papers, as the same may be pertinent to their respective offices. Any county officer authorized to hold a hearing or conduct an investigation shall have the power to administer oaths or affirmations in connection therewith.

Section 2608. Charter Revision Commission.

The Erie County Charter shall undergo a mandatory decennial review and the review shall commence by seating a Charter Review Commission by January 15, 2016, which shall report its recommendations to the Erie County Legislature no later than May 15, 2016.

Section 2608 (formerly Section 1907) amended by Local Law No. 3-2006.
Section 1907 Amended by Local Law No. 10-2005.
New section 1907 Added by Local Law No. 4-2005.
Former section 1907 REPEALED by Local Law No. 4-2005.
Former section 1907 Added by Local Law No. 1-1981.
Former section 1907 REPEALED by Local Law No. 1-1981.
Former section 1907 Added by Local Law No. 13-1974.

Article 26 was formerly numbered article 27, which was formerly numbered Article XIX.