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Prepared by The League
of Women Voters of Westchester with a generous grant from the Westchester
Community Foundation
The League of Women Voters
of Westchester believes that active citizen participation in the
governmental process enhances democracy. This Guide provides information
on the structure and operating procedures of the County Legislature
to enable the residents of Westchester to have a more effective
voice in the process.
The Board of Legislators
The legislative branch of the County government is a 17 member unicameral Board of Legislators, each representing districts with approximately 50,000 people. Redistricting occurs after the federal census is taken; the last being 2000. Legislators must reside within their districts. The Legislators are elected in odd-numbered years for two-year terms of office.
Powers
The specific powers of
the Board of Legislators are enumerated in Section 107.21 of the
County Charter.
The Board's key power lies
in its authority to make appropriations and to levy taxes. The
Legislators may amend and must ultimately approve the County Budget
which is prepared by the County Executive, released in mid-November
and adopted no later than December 27.
The Board passes laws, acts
and resolutions, either requiring a majority or a two-thirds vote
(depending on the situation) of the entire Board for passage.
The Board also approves appointments of the County Executive,
sets and approves the number and compensation of persons employed
by the County, employs consultants and investigates various areas
of County government, as well as the conduct of officers of the
County government if necessary. It has the power to subpoena anyone
to appear before it. All other employees, except the Clerk and
Deputy Clerk of the Board, who are elected by the entire Board,
are designated by the Chairman.
Organization
After an election, there
is an organizational meeting on the fist Monday after January
1. The members of the Board adopt rules and choose a Chair and
Vice Chair, who are elected by majority vote of the members. The
two major political parties also determine the Majority and Minority
Leaders and Majority and Minority Whips, who manage each parties
activities.
Meetings
The Charter mandates that
the County Legislators meet at least once a month. There are usually
two meetings a month, held in the Legislative Chambers on the
eighth floor of the Michaelian Office Building. The rules require
that there must be a least seven night meetings each year. Additional
meetings are held when deemed necessary by the Chairman or on
request of the County Executive or by a majority of the Board
members.
The Agenda and the Blue Sheet
An Agenda, published by
the Clerk for each meeting of the Board, must appear five days before each Board meeting.
The Blue Sheet is a special
item calendar or agenda which supplements the regular agenda.
Items may be entered on the Blue Sheet with the unanimous consent
of the Chairman and the Majority and Minority Leaders. The Blue
Sheet contains special items from members of the Board and communications
and recommendations from the County Executive or from any committee
which are accompanied by a message requesting immediate consideration
and are received by 1:30 p.m. on the day of the meeting.
Any matter, such as a report,
letter or resolution which a member wishes to present to the Board,
must be signed by that member and cannot be withdrawn without
the approval of a majority of the Board.
Copies of Agendas and Blue
Sheets are available to the public prior to the meetings and can
be obtained in Room 822.
Procedures
All meetings of the Board
are open to the public. Observers sit in the visitors gallery
at the rear of the chambers. The Chairman sits on the dais in
the front of the chambers, with the press to his left and advisors
and employees to his right. The Clerk of the Board sits below
and in front of
the Chairman.
The Chairman faces the Legislators who are seated at desks, the
Democrats to his right and the Republicans to his left. The Majority
and Minority Leaders sit in the last row on the aisle on their
respective sides.
The order of business is as
follows:
1. Unfinished Business
2. Communications from
government officials, departments, agencies, and the general public.
(Correspondence from the general public may appear on the Board's
agenda if such inclusion is so requested in the body of the correspondence.)
3. Notices and Petitions
4. Reports of Committees
5. Special Orders
6. Items discharged from
Committee
7. Motions and Resolutions
and Call of the Districts
The Clerk of the Board reads
aloud the agenda items, one by one. The Majority Leader responds
by assigning each item to appropriate committee or committees
or requests that it be filed. If required, he/she will designate
a date for a public hearing on an item.
Every member speaking to a
question or making a motion must address the Chair and confine
remarks to the question under debate. The Majority and Minority
Leaders have preference in speaking. Under the rules, no member
may speak a second time until all other members have had an opportunity
to address the matter.
Voting Procedures
Votes may be taken in one
of three ways: voice vote; a short roll call of the Chairman (the
chairman of the sponsoring committee, and the Majority and Minority
Leaders); or a long roll call in which each member's vote is given.
The long roll call may be requested by any member on any question.
A member must vote on every
question before the Board unless excused by the Chair for a conflict
of interest, and should the Chair refuse, must be excused by a
majority of the members. Once a question is on the floor and the
vote is being taken, members shall confine themselves to voting
and not resume discussion or debate.
Special Motions
There are several parliamentary
procedures Legislators can use to speed up, delay, or set a deadline
for consideration of legislation. Any member may "move the
previous question" to terminate debate and force a vote on
the matter under discussion; but only after each member of the
Board has had at least one opportunity to speak to the issue before
the Board.
To delay action, a member may
ask that a matter on the agenda be "laid over." This
cannot be done if the item is unfinished business, a special order
or a motion to make a main motion a special order. A "lay
over" is a matter of privilege not subject to debate or amendment
and must be made before there has been any debate on the issue.
The Chair's recognition of a lay-over request cannot be appealed
by the Board. Since the laid-over item will come up as unfinished
business at the next regular meeting, it cannot be requested at
the last meeting of the year or at a special meeting.
To delay or to stop discussion
for a time, a motion may be made to "lay on the table"
a question under debate. That motion bars further debate on, or
amendments to, the main question. The motion to table is not debatable
and is put to an immediate vote. If passed by a majority, the
item remains on the table until a majority of those present agrees
to consider it either later in the same meeting or at a future
meeting.
Members may assure consideration
of an item at a specified future date by making it a special order
of business and setting a specific date for its consideration.
This is done by majority vote and is not subject to lay over.
Committees
The Board of Legislators
operates under a Committee System. Current committees are:
- Budget & Appropriations
- Legislation
- Community Affairs & Housing
- County Officers & Departments
- Health & the Medical
Center
- Public Safety & Criminal
Justice
- Public Works
- Environment
- Rules
- Task Force on Families
- Task Force on Senior Citizens
- Minority Affairs
The Chairman of the Board appoints
all committees, and the members and chairpersons of each.
Municipal Partner
This program was established to provide a cooperative governing
relationship between the Board of Legislators and the municipalities.
Before the formal business of a meeting begins, a city mayor or
a town supervisor is invited to address the Board briefly on their
local issues that have an impact at the county level. Following
this, at each meeting a different legislator presides as Chairman
Pro Tem over the "Public To Be Heard" session. During
this session, an observer may speak on any topic for five minutes.
In order to speak, one must get a card from a Board attendant,
fill it out, and return it. Also, the Chairman Pro Tem may make
a presentation to an individual or group from his or her district.
Then a clergy member from that district is invited to give the
invocation. At this point, the chairman of the Board resumes presiding
over the meeting and agenda.
Committee Meetings
Meetings of all committees,
except Executive sessions, are open to the public and are subject
to provision of the New York State Open Meetings Law.
Notices of the meetings are
posted on the bulletin board on the eighth floor, on the website
and on the telephone hotline. A record of the meetings is filed
in the Clerk's office and is available to the public.
Committees may hold public hearings on issues pending before them;
they are not limited to considering matters referred to them but
may initiate resolutions to be referred to the Board for action.
Committees must promptly consider
matters referred to them. Unless the committee votes to take no
action, matters will either be discharged back to the agenda for
debate and possible action, or must be reported upon within 90
days.
Matters referred to more than
one committee must be discharged from all committees prior to
being returned to the Board for action.
The Budget and Appropriations Committee
The Budget and Appropriations
Committee is considered the most powerful of the committees. This
Committee has its own budget analyst in addition to its clerk.
All matters of budgetary significance are referred to it, as is
the proposed County Budget after its release in mid-November.
This Committee holds public budget hearings before presenting
the document to the full Board with recommendations for additions
and cuts. The full County Board then conducts a formal public
budget hearing.
Checks and Balances
Once passed by the Board,
Acts and Local Laws are sent to the County Executive who will
either sign them or return them within ten days accompanied by
a written statement of the reasons for disapproval. The County
Executive's "veto" can be overridden by a two-thirds
vote. If a measure is not signed or returned after 10 days, it
will become law without the County Executive's signature.
Under the Charter, the County
Attorney is the legal advisor to the Board of Legislators in drafting
proposed legislation, although the Board may also employ outside
legal counsel.
How Measures Become Law
| Proposal
comes from Legislators, Committees or County Executive |
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A citizen or
group of citizens can initiate the idea for writing or rewriting
a law. |
 |
| Item
is placed on "calendar" or Agenda |
 |
Citizens can send letters
to the Legislators or the committee chairmen. They can ask in
the letter that it be put on the Agenda. |
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| Item
is referred to Committee |
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Citizens
can attend committee meetings. They should communicate their
views before the legislation is written. Committee meetings are
announced in advance and notices are posted on the 8th floor of the Michaelian Office Building. |
Approval
or Disapproval |
| Within
90 days, item is discharged back to Agenda or reported upon. |
Approval
or Disapproval |
| Item
is on Agenda for debate and consideration by all Members |
 |
By lobbying
their Legislators on their opinions of an item, citizens have
another opportunity to participate in the law-making process.
Lobbying can take the form of writing letters, visiting the Legislator
in person, signing petitions and telephoning. |
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| If
passed, it goes to County Executive for signature. If disapproved,
item expires |
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The
County Executive's desk is the next point in the legislative
process for citizen lobbying. |
Approval or Disapproval |
| If
signed, or allowed to sit on County Executive's desk for 10 days,
measure becomes law |
If returned
with reasons for disapproval in 10 days, Board can override veto. |
 |
| County
Executive's veto can be overridden by two-thirds vote. Becomes
law. |
Often one person's idea on
how to solve a problem has resulted in good legislation to help
solve problems facing many people.
Mail to County legislators
should be directed to:
The Honorable _________________________
800 Michaelian Office Building
148 Martine Avenue
White Plains, New York
10601
The Legislative Chambers, offices
and committee rooms are on the 8th Floor of the Michaelian Office
Building
The Clerk of the Board of Legislators can be reached at (914) 995-2805
Telephone: (914) 995-2800
Fax: (914) 995-3884
E-mail: westchestergov.com
Website: http://www.watpa.org/wcbol
Hotline for meeting schedules: (914) 995-2424
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