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Albany County moves local law A to public hearing after county attorney backs charter authority for deputy chair role
Summary
After legal discussion and an opinion delivered by county counsel staff, the Legislature voted to send Local Law A — creating a deputy chair position in the Legislature — to public hearing on April 29, 2025; funding for the position was noted as already allocated in the budget.
The Albany County Legislature voted to send Local Law A — a proposed amendment clarifying leadership salaries and creating a deputy chair position — to public hearing, after extended legal discussion and an opinion presented on behalf of the county attorney’s office.
Members of the Legislature had earlier sought an opinion from the county attorney about whether the county’s charter and state law permitted creating and funding a deputy chairperson. Kevin Cannizzaro, representing the county attorney’s office, told legislators the municipal home rule law and the alternate form of government statutes allow charter counties to supersede many provisions of the general County Law where the County Law does not explicitly prohibit supersession. He said section 2-b of County Law permits chartered counties broad flexibility and that Local Law A’s creation and funding of the deputy chair appears permissible under the charter; the county attorney’s office also reviewed relevant case law and the New York State Comptroller’s prior correspondence.
Legislators debated whether creating the position and funding it were separate issues and whether the funding might run afoul of County Law section 220-b; proponents noted the Legislature had already approved budget language that contemplated and funded the deputy chair position, and counsel said the funding was reflected in the county budget vote. The majority leader’s counsel and county counsel both said the permissive referendum language in the local law gives voters an opportunity to challenge the law if desired.
After that discussion, the Legislature voted to amend the public-hearing date to April 29, 2025 and then voted to send Local Law A to public hearing. The vote to send the law to public hearing was recorded as a voice vote and the transcript does not include a roll-call tally.
Several legislators said they would reserve judgment on related local law U (a companion item concerning funding or structure) until their counsel had reviewed written county-attorney materials; others supported moving Local Law A forward for public hearing to allow the process to play out publicly.
