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Welcome to the Orange
County Charter
ARTICLE I, Orange County and Its Government 1
Section:
1.01.
Title and Purpose.
1.02.
County Status, Powers and Duties.
1.03.
Effect of Charter on State Law.
1.04.
Effect of Charter on Local Laws and Resolutions.
1.05.
Definitions.
Section 1.01. Title and Purpose.
This Charter and all amendments hereto shall constitute the form of government
for the County of Orange and shall be known and cited as the "Orange County
Charter." Among the purposes of this Charter are the providing of county
services and facilities with the highest degree of efficiency and economy, the
securing of all possible county home rule and the separation of county executive
and legislative functions.
Section 1.02. County Status, Powers and Duties.
The municipal corporation now known as "The County of Orange" shall continue to
be a municipal corporation under the same name and with the same boundaries, and
shall have and exercise all of the rights, privileges, functions and powers and
discharge such duties as are imposed or conferred on it by this Charter, an
administrative code or by applicable law.
Section 1.03. Effect of Charter on State Law.
Within the limits prescribed in Article 4 of the Municipal Home Rule Law,
wherever and whenever any State law, general, special or local in effect, is
inconsistent with this Charter or an administrative code, such law shall be
deemed to the extent of such inconsistency to be superseded by this Charter
insofar as the County of Orange and its government are affected.
Section 1.04. Effect of Charter on Local Laws and
Resolutions.
Except to the extent inconsistent with this Charter or an administrative code,
all existing laws, acts and resolutions heretofore adopted by the Board of
Supervisors of the County of Orange shall continue in force until amended,
superseded or repealed as provided herein.
Section 1.05. Definitions.
Whenever used in this Charter or the Administrative Code, local laws,
ordinances, legalizing acts or resolutions, unless otherwise expressly stated or
required by subject matter or context:
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"Act" or
"act" shall mean a local law, resolution, ordinance or legalizing act
heretofore or hereafter adopted by the Board of Supervisors or the County
Legislature of the County;
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"Administrative Code" or "Code" shall mean the Administrative Code adopted by
and for the County, and all amendments thereto;
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"board,"
except as otherwise provided in this Charter or the Administrative Code, shall
mean a body of persons appointed in the manner provided in this Charter or the
Administrative Code for the purpose of studying and advising on matters of
County interest;
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"Charter" shall mean this Orange County Charter, and all amendments hereto;
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"commission" shall mean a body of persons appointed in the manner provided in
this Charter or the Administrative Code for the purpose of investigating,
studying, reporting, drafting and advising on matters of County interest;
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"committee" shall mean a body of persons appointed in the manner provided in
this Charter or the Administrative Code for the purpose of investigating,
studying or reporting on matters of County interest;
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"County"
shall mean the County of Orange;
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"County
Executive" shall mean the County Executive of Orange County, as more fully
provided in Article III of this Charter and the Administrative Code;
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"County
Legislature" shall mean the County Legislature of Orange County, as more fully
provided in Article II of this Charter and the Administrative Code;
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"department" shall mean each of those units of the executive branch set forth
in Articles IV through XIV of this Charter or the Administrative Code;
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"deputy"
shall mean a County officer authorized by his principal to exercise delegated
discretionary powers and duties; whenever in this Charter / Administrative
Code the word "deputy" is used in conjunction with the word "commissioner" to
mean a person denominated as second only to the commissioner with respect to
exercising the powers and duties as head of a County department or other unit
of government headed by a commissioner, such term shall mean that such person
may exercise all the powers and duties of the head of such department during a
vacancy in such position unless otherwise provided by the County Executive;
the term "deputy" may be used interchangeably with the term "assistant"
without alteration to the powers and duties of a position or its meaning in
this Charter / Administrative Code;
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"division" shall mean a unit within a department or office of an appointed or
elected officer;
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"executive branch" shall mean the County Executive and all units of government
within his jurisdiction;
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"judiciary" shall mean judges;
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"legalizing act" shall mean a legislative act, not subject to referendum,
which legalizes and validates any act had and taken in connection with a
lawful municipal object or purpose by the governing board or other local body,
officer or agency of a municipality wholly within the County, in the manner
and under the conditions prescribed in the County Law, as amended, or other
applicable law;
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"local
law" shall mean a law adopted pursuant to this Charter or the Administrative
Code within the power granted by the Constitution of the State of New York, an
act of the State Legislature or a provision of this Charter or the
Administrative Code, but shall not include ordinances, legalizing acts or
resolutions;
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"officer" shall mean a person in the County government who has authority to
exercise some portion of the sovereign power either in making, executing or
administering the laws;
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"ordinance" shall mean a legislative act, not subject to referendum, adopted
pursuant to this Charter or the Administrative Code and relating to property
or any other subject of County concern not required to be enacted by local
law, legalizing act or resolution;
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"qualified elector" shall mean a person qualified to cast a ballot in a County
election;
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"quorum"
shall mean a majority of the total voting power or total number;
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"resolution" shall mean a legislative act other than a local law, ordinance or
legalizing act, adopted pursuant to this Charter or the Administrative Code,
but not subject to referendum;
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"term of
office" shall mean the period during which an officer or official in the
County government serves or is eligible to serve in a position; a person
serving at the pleasure of the appointing authority may be removed at any time
at the discretion of such authority except where otherwise provided by law;
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"total
voting power" or "total number" shall mean the number of a duly constituted
body if there were no vacancies and no persons disqualified from acting;
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"unit"
shall mean any part of the County government, including officers thereof, and
including also any quasi-independent agency, board, commission or committee
receiving County funds or on a budgeted basis by appropriation;
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every
reference in this Charter/Administrative Code shall be construed as masculine,
feminine or neutral, or in the singular or plural, as the sense requires; and
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Severability: the invalidity of anyone or more provisions of this
Charter/Administrative Code shall not affect the validity of any other
provision or of the application thereof.
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