Montgomery County Seal!RESOLUTION NO. 105 of 2020

DATED: May 26, 2020
     

RESOLUTION ADOPTING INTRODUCTORY LAW C LOCAL LAW 2 OF 2020) - A LOCAL LAW ESTABLISHING A FEE FOR ENVELOPES (COUNTY CLERK)


Resolution by Legislator:   Wilson
Seconded by: Thayer

WHEREAS, it is the County Clerk's office policy that all constituents filing documents that would like their documents returned must provide a self addressed, self stamped envelope; and

WHEREAS, an envelope provided by a constituent is necessary in order to return important documents filed in the County Clerk's office; and

WHEREAS, constituents often forget to provide an envelope when filing in person or via mail; and

WHEREAS, the County Clerk is requesting the establishment of a $1.00 fee for a standard #10  business envelope with postage, intended to mail back up to five pieces of paper to help improve office efficieny and improve services for constituents; 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. 

BE IT FURTHER RESOLVED, that this fee must be paid in advance to an envelope being distributed to a constituent; and

BE IT FURTHER RESOLVED, that this fee does not extend to manila envelopes given the variability in postage for mailing larger documents; and

BE IT FURTHER RESOLVED, that the new fee take effect April 1, 2020. 

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law C (Local Law 2 of 2020) entitled "A Local Law Establishing A Fee for Envelopes" hereby is adopted and is incorporated  as follows:

Be it enacted by the Montgomery County Legislature as follows:

Section 1: 

The purpose of this local law is to establish a fee for a standard #10 business envelope with postage  at the Montgomery County Clerk's office. It is the County Clerk's office policy that all constituents filing documents that would like their documents returned must provide a self addressed, self stamped envelope. However, constitutents often forget to provide an envelope when filing documents. In order to increase efficiency at the County Clerk's office without incurring additional charges on taxpayers the County Clerk is establishing a fee to provide a standard standard #10 business envelope with postage to constituents.

Section 2:

The Montgomery County Clerk's Office is authorized to charge $1.00 for a standard #10 business envelope with postage to hold up to a maximum of five pieces of paper in the envelope;

Section 3:

The purpose for charging fees for the envelopes is to cover the costs associated with providing the envelope and postage.

Section 4:

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.  

Section 5:

To the extent that this local law is inconsistent with any other laws or regulations it shall supersede those laws.  

Section 6:

This law shall be effective upon filing with the Secretary of State.

RESOLUTION VOTE, passed with Aye(6). Legislators Kelly, Headwell, Jr. and Isabel voted Nay. (5/26/2020)


Statement of Legislative and Financial Impact:

I. Nature of Request:

The Montgomery County Clerk's Office is requesting to establish a $1.00 fee for an envelope with postage.


II. Justification:

Office policy dictates that constituents who want documents returned to them after filing must provide a self addressed, self stamped envelope.  Often times, constituents forget to bring one with them when filing or send one.  They then must leave our office to purchase an envelope and then return again, or if they sent in their documents, we have to call them and request one.  This can cause delays for the constituent and ineffeciencies in the office.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Charter.


IV. Financial Impact:

A dollar will be charged for business envelopes moving forward.



cc: County Clerk
County Treasurer

Voting Record
Kelly (R) No 
Sweet (R) Yes 
Thayer (R) Yes 
Headwell, Jr. (R) No 
Wilson (R) Yes 
Duchessi (D) Yes 
Pepe (R) Yes 
Isabel (D) No 
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 26th day of May, 2020, 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 27th day of May, 2020


Totals:Aye: 6
Nay: 3 
Abstained: 0
Absent: 0



This resolution was approved by the County Executive on 6/10/2020
Resolution was enacted on 5/27/2020