RESOLUTION NO. 297 of 2023 DATED: December 26, 2023

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RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW  K OF 2023 (LOCAL LAW 10 OF 2023) - A LOCAL LAW AMENDING SECTIONS 11.03 AND TITLE II OF THE MONTGOMERY COUNTY CHARTER , LOCAL LAW 2 OF 2012 (COUNTY LEGISLATURE)

 

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Resolution by Legislator:   Pepe

Seconded by:

Wilson

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, the Montgomery County Legislature wishes to combine the Department of Emergency Management with the Sheriff's office; and

WHEREAS, to effectuate this change it is necessary to amend § 11.03 and Title II of the Montgomery County Charter; and

WHEREAS, a copy of this law has been on the desks of all legislators for a period of seven days not inclusive of Sundays.
 
RESOLVED, that Introductory Local Law K of 2023 (LOCAL LAW 10 of 2023) hereby is submitted to the Montgomery County Legislature for consideration:

A LOCAL LAW AMENDING SECTIONS 11.03 AND TITLE II 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 as follows: 

The provision stating TITLE II Bureau of Emergency Services, and §12.9 and §12.10 of the Montgomery County Charter are stricken in their entirety.

§11.03 County Sheriff is amended to read as follows:

There shall be elected from the County at large a County Sheriff. The Sheriff shall be elected for a four-year term of office and, at the time of his or her election and throughout his or her term of office, shall be a qualified elector of the County. He or she shall hold no other elected public or elected political office during his or her term of office and shall devote his or her full working time to the duties of the office. The Sheriff shall perform the duties prescribed by law as an officer of the court and conservator of the peace within the County. The Sheriff's office shall assume the powers and duties of the Emergency Management Office as set forth in law and shall appoint and oversee the Director of Emergency Management and all Emergency Management staff. The Sheriff shall have and exercise all of the powers and duties now or hereafter conferred or imposed by applicable law, and shall perform such additional and related duties as may be directed by the County Legislature.

 

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 VACANT was absent. (12/26/2023)

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   Allen  (D)  Yes   Headwell, Jr.  (R)  Yes   Wilson  (R)  Yes   VACANT  (D)  Absent   Pepe  (R)  Yes   Kowalczyk  (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 26th day of December, 2023, 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 23rd day of January, 2024 Totals: Aye: 8 Nay: 0   Abstained: 0 Absent: 1