RESOLUTION NO. 13 of 2018 DATED: January 23, 2018

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RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW A OF 2018 (LOCAL LAW 1 OF 2018) - A LOCAL LAW AMENDING SECTIONS 2.11 AND 5.01 OF THE MONTGOMERY COUNTY CHARTER , LOCAL LAW 2 OF 2012 (COUNTY LEGISLATURE)

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Resolution by Legislator:   Wilson

Seconded by:

Kelly

WHEREAS, pursuant to §15.02 of the Charter of Montgomery County, the County Legislature is empowered to clarify and elaborate on any provision of said Charter in a local law; and

WHEREAS, § 2.11 and §5.01 of the Charter has been deemed to require clarification and elaboration for the efficient operation of County business; and

WHEREAS, a copy of this law has been on the desks of all legislators for a period of ten days.

RESOLVED, that Introductory Local Law A of 2018 (LOCAL LAW 1 of 2018) hereby is submitted to the Montgomery County Legislature for consideration:

A LOCAL LAW AMENDING SECTIONS 2.11 AND 5.01 OF THE MONTGOMERY COUNTY CHARTER, LOCAL LAW 2 OF 2012

BE IT ENACTED by the Legislature of the County of Montgomery as follows: 

Local Law Number 2 of 2012 is amended to read as follows: 

§2.10 Continuous Audit

For the purpose of maintaining proper control and supervision over all fiscal affairs, the County Legislature may:

(a) Appoint an Audit Commtitee, consisting of the Chairman of the County Legislature, the Chairman of the Budget and Finance Committee, and one additional County Legislator, who will have the responsibility for auditing vouchers and claims for payment against County funds or funds for which the County is responsible and shall certify the same for payment by the County Treasurer. In the event that the County Legislature shall appoint a County Auditor, the duties of the County Audit Committee shall assumed by said Auditor. 

§2.11

The County Legislature may appoint an Auditor. The Auditor shall be appointed on the basis of their professional experience and other qualifications for the responsibilities of their office. They shall be directly responsible to and serve at the pleasure of the County Legislature and may be removed without written charges and an opportunity to be heard. The duties of the Auditor shall include: 

1. Auditing and certifying for payment all lawful claim and charge against the County, whether for payroll or otherwise, or against funds for which the County is responsible in whole or in part;
2. Certifying the availability of funds for all requisitions, contracts, purchase orders, and other documents by which the County incurs financial obligations or for the expenditure of funds for which the County is responsible;
3. Such special audits, in addition to those stated in §2.04 (i) as are deemed necessary, at the request of the Legislature. 

§5.01

There shall be a Department of Purchasing under the direction of a Purchasing Agent who shall be appointed by the County Executive subject to confirmation by the County Legislature. They shall be appointed on the basis of their professional experience and other qualifications for the responsibilities of their office. They shall be directly responsible to and serve at the pleasure of the County Executive.

The rest of Local Law 2 of 2012 shall remain unchanged and in full force and effect. 

SAVING CLAUSE: If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment decree or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered and the remainder of this Local Law shall not be affected thereby and shall remain in full force and effect, and 

EFFECTIVE DATE:   This Local Law shall take effect when all applicable statutory requirements for its passage and adoption have been fully complied with and it has been filed in the Office of the Secretary of State.

RESOLVED, that the Clerk of the Montgomery County Legislature hereby is authorized and directed to file one certified copy thereof in the Office of the Secretary of State and to ensure that it is published in the County’s designated legal newspapers, as required by law.

RESOLUTION VOTE, passed with Aye(8). Legislator Purtell was absent. (1/23/2018)

Statement of Legislative and Financial Impact:

I. Nature of Request:

II. Justification:

III. Legislative Impact:

IV. Financial Impact:

cc:	County Clerk County Treasurer

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Voting Record Kelly  (R)  Yes   Sweet  (R)  Yes   Dimond  (D)  Yes   Headwell, Jr.  (R)  Yes   Wilson  (R)  Yes   Duchessi  (D)  Yes   Pepe  (R)  Yes   Isabel  (D)  Yes   Purtell  (D)  Absent

STATE OF NEW YORK County of Montgomery ss.:       This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 23rd day of January, 2018, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof.       IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 20th day of March, 2018 Totals: Aye: 8 Nay: 0   Abstained: 0 Absent: 1