Resolutions

RESOLUTION NO. 152 of 2019

DATED: May 28, 2019

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW C (LOCAL LAW 3 OF 2019) - A LOCAL LAW ALLOWING MONTGOMERY COUNTY TO CONTRACT FOR CORONERS PHYSICIAN SERVICES (CORONER)

Resolution by Legislator:

Dimond

Seconded by:

Pepe

WHEREAS, County Law §400 currently requires that a coroners physician be appointed if the elected coroners are not physicians, and

WHEREAS, the Montgomery County Legislature wishes to contract for coroners physician services rather than appointing a coroners physician, and

WHEREAS, a copy of this local law has been on the desks of the legislators for at least seven calendar days, exclusive of Sundays,

RESOLVED, that Introductory Local Law C of 2019 (Local Law 3 of 2019) hereby is submitted to the Montgomery County Legislature for consideration:

A LOCAL LAW ALLOWING MONTGOMERY COUNTY TO CONTRACT FOR CORONERS PHYSICIAN SERVICES

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

Section 1. Montgomery County shall have the authority to contract for coroner's physician services rather than appointing a coroner's physician. These services shall include but not be limited to assisting the coroner with investigating the following:

(a) A violent death, whether by criminal violence, suicide or casualty;

(b) A death caused by unlawful act or criminal neglect;

(d) A death while unattended by a physician, so far as can be discovered, or where no physician able to certify the cause of death as provided in the public health law and in form as prescribed by the commissioner of health can be found;

(e) A death of a person confined in a public institution other than a hospital, infirmary or nursing home.

The contractor shall not be deemed to be a deputy coroner.

Section 2. This law is intended to superscede any State Law that is inconsistent with this local law, including County Law §400 and County Law §673.

Section 3. The Clerk of the Legislature shall file one certified copy in her office and also with the Montgomery County Clerk, and the Secretary of State.

Section 4. This local law shall take effect upon the filing in the Office of the Secretary of State.

RESOLUTION VOTE, passed with Aye(9). (5/28/2019)

Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW ___ (LOCAL LAW ___ OF 2019) - A LOCAL LAW ALLOWING MONTGOMERY COUNTY TO CONTRACT FOR CORONERS PHYSICIAN SERVICES (CORONER)

II. Justification:

County Law §400 currently requires that a coroners physician be appointed if the elected coroners are not physicians and the Montgomery County Legislature wishes to contract for coroners physician services rather than appointing a coroners physician

III. Legislative Impact:

Pursuant to Article 2 of the Montgomery County Charter the Montgomery County Legislature has the authority to exercise all powers of local legilsation in relation to enacting, amending ro rescinding local laws. Further authorized by the Municipal Home Rule Law.

IV. Financial Impact:

Will not result in a change to the 2019 Operating Budget.

cc:

County Clerk
County Treasurer

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)	Yes

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 28th day of May, 2019, 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 30th day of May, 2019
Totals:	Aye:	9
	Nay:	0
	Abstained:	0
	Absent:	0