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New York regulations

Title 19 Part 812

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19 NYCRR 812.1 - Intent

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(a)These rules and regulations are promulgated pursuant to Municipal Home Rule Law, section 38 to implement the provisions thereof governing State aid for the development and revision of county charters.
(b)The program is designed to encourage more effective and efficient governmental administration and provision of services by county governments through the development and revision of county charters.

19 NYCRR 812.2 - Definitions

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For the purposes of this Part:

(a)Commissioner shall mean the Commissioner of the Office for Local Government.
(b)Project shall mean the preparation of a charter law as defined in Municipal Home Rule Law, section 32 (subd. 2).
(c)Legislative body of a county shall mean the elective governing body of a county as defined in Municipal Home Rule Law, section 2 (subd. 7).
(d)Authorized charter expenditure shall mean only those costs which will be incurred by a county on account of the project and for which an appropriation of funds is made, including services rendered by county personnel when such services are rendered in connection with the project.

19 NYCRR 812.3 - Eligibility

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Any county of the State (except a county wholly included within a city) may apply to the commissioner for State aid to reimburse part of the cost of a project.

19 NYCRR 812.4 - Eligible activity

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(a)Eligible activity shall mean a project proposed by the legislative body of a county as set forth in its application pursuant to section 812.5. Such proposal shall indicate clearly, definitively and in such detail as may be required by the commissioner, the scope of the proposed project which shall in the judgment of the commissioner have a significant impact on the county government.
(b)A county which has commenced an eligible activity on or after January 1, 1971 shall be eligible for reimbursement up to a limit of 40 percent of authorized charter expenditures or $25,000, whichever is less. Such county shall not be eligible for reimbursement for more than one project during a period of ten years computed from the date of any prior reimbursement pursuant to this program.

19 NYCRR 812.5 - Applications

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(a)Applications for State aid shall be made on forms furnished by the commissioner.
(b)All applications shall be submitted to the commissioner through the regional office of the Office for Local Government within the area in which the applicant county is located. The area representative shall advise and assist counties in the preparation and submission of all applications.
(c)The application shall describe the manner in which the project will be accomplished. Where the project is to be accomplished by a consultant the application shall give the name of such consultant and indicate the estimated amount of the fee and describe the basis for computing the fee in accordance with section 812.8. If the project is to be accomplished without the services of a consultant, the application shall indicate the estimated costs in accordance with the following classification:
(1)Personnel (list position and basis of compensation)
(2)Travel
(3)Supplies
(4)Other costs:
(i)printing
(ii)telephone
(iii)furnishings
(iv)other (specify)

19 NYCRR 812.6 - Review of applications

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After receipt of the application the commissioner shall review the same and shall:

(a)Make a determination as to whether the proposal is practical, logical, reasonable and satisfactory in scope.
(b)Advise the county of his determination.

19 NYCRR 812.7 - Selection of a consultant

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(a)Where a consultant is to be retained, the county shall select the consultant to be employed providing such consultant is acceptable to the commissioner. Such consultant shall demonstrate a particular competency to engage in the preparation of charter laws.
(b)Where there is professional licensing under New York State law, such consultant shall be qualified in his particular profession within the State of New York.
(c)If the consultant is not an attorney qualified to practice law in the State of New York, the proposed charter law shall be accompanied by a statement from an attorney qualified to practice law in the State of New York to the effect that in his opinion the proposed charter law conforms to the laws of the State of New York.

19 NYCRR 812.8 - Compensation for consulting services

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The consultant selected by the county shall propose a fee for his services in preparing the charter law. The basis for the fee shall be stated. The proposed fee for consulting services shall be based on:

(a)Lump sum, taking into account reasonable consulting costs for similar work, or
(b)An audited consulting payroll cost required to perform the work, plus a reasonable amount to cover overhead and profit, and as agreed to between the consultant, the commissioner and the county.
(c)A combination of (a) and (b).

19 NYCRR 812.9 - Financing projects

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(a)The commissioner may make or contract to make a State grant to a county within the budgetary appropriation therefor for payment to the county to reimburse up to a limit of 40 percent of the authorized charter expenditures or $25,000, whichever is less.
(b)Such records as shall be prescribed by the commissioner shall be maintained by the consultant and the county contracting for the project which records shall be kept on file for a period of three years after the completion of the project.

19 NYCRR 812.10 - Contracts for consultant services

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(a)Contracts for consultant services for projects shall be prepared by the county and consultant.
(b)The contract so prepared shall be submitted to the commissioner for approval. If the commissioner approves the contract, he shall submit it to the county and the consultant for execution. If the commissioner does not approve the contract, he shall notify the county and the consultant in writing of the reasons for such disapproval with suggestions for necessary modification to meet the objections raised.
(c)Such contracts shall be written in such form and in such detail so as to clearly define the obligations, duties and requirements imposed upon the contracting parties.
(d)The contract may provide for periodic meetings between the contracting parties and the Office for Local Government at which the progress of the project will be outlined and discussed.

19 NYCRR 812.11 - Submission of final report and review

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(a)Upon completion of the project, the county shall submit copies thereof to the commissioner for review. The proposed charter law shall be accompanied by a report stating the findings and conclusions upon which the proposed charter law is based.
(b)The commissioner shall:
(1)Review the proposed charter law and report and determine whether it was accomplished in accordance with the terms of the contract and his rules and regulations. If the commissioner determines in the affirmative, he shall notify the county in writing.
(2)If the commissioner determines that the proposed charter law and report were not accomplished in accordance with the terms of the contract and his rules and regulations, he shall notify the county in writing of the reasons for such determination with suggestions on action needed to meet the objections raised.

19 NYCRR 812.12 - State aid payments

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(a)Payment of State aid shall be made to the county after the commissioner has made his determination pursuant to section 812.11(b)(1) and after the legislative body of the county has notified the commissioner in writing that it has adopted the charter law for submission to the electors as may be required by law.
(b)All payment shall be made after audit and upon warrant of the Comptroller on vouchers approved by the commissioner.

19 NYCRR 812.13 - Miscellaneous

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(a)These regulations may be modified or amended from time to time, in writing by the commissioner.
(b)The commissioner may assign to a deputy commissioner or other staff members whom he shall so designate in writing, the powers, duties and responsibilities required of the commissioner under these rules and regulations and they shall be responsible to him for the performance thereof.
(c)To promote and achieve the basic intent and purposes of charter development and revision, the restrictions and limitations of these rules and regulations may be waived by the commissioner, if, upon proper proof, he determines that such restrictions and limitations would result in an unusual or unavoidable hardship for the county or that strict adherence to these rules and regulations would be detrimental to the sound and orderly administration of the law.
(d)The Office for Local Government on request shall be furnished with data, documents or materials prepared for or connected with the project and shall have unrestricted authority to publish, distribute and otherwise use in whole or in part, the charter law and report.

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