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Last Look at Local Laws of 2021
By Patrick Cummings, NYSAC Counsel
NYSAC tracks and makes available local laws that have been passed by our member counties. Understanding how New York counties are addressing their local issues and resident needs through local laws can provide ideas for other government leaders to use in some capacity in your county. Below is a description of unique and noteworthy local laws passed by our members in 2021, as well as a web address link to find the entire local law.
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On December 3, 2021 Suffolk County enacted a local law prohibiting the dissemination of personally identifying information in order to protect the safety and welfare of its residents. This legislature found that there was an increase in cases where an individual's personally identifying information is published, posted or otherwise made public by thirdparties as a means of threatening, intimidating or harassing; colloquially known as "doxing."
Accordingly, the purpose of this law is to prohibit the publishing, posting or otherwise publicizing the personally identifying information of any county resident. The law states a person is guilty of disseminating personally identifying information when done with the intent to intimidate, abuse, threaten, harass or frighten a person who resides in Suffolk County, and he or she:
(1) intentionally disseminates the personally identifying information of a person or a person's immediate family member or household member; and
(2) the dissemination would cause a reasonable person to be in fear of physical injury to himself or herself, his or her immediate family member, or his or her household member.
Personally Identifying Information is defined as any information that identifies or reasonably can used to identify an individual, including but not limited to: social security number or other government-issued identifier; date of birth; home or physical address; electronic-mail address or phone number; financial account number or credit or debit card number; biometric, health or medical data, or insurance information; and/or school or employment locations.
The law is punishable by a fine of up to $1,000 and/or up to one (1) year's imprisonment.
County of Oswego Establishes a Public Defender Office
On December 9, 2021, the Oswego legislature adopted a local law establishing a public defender’s office within the county. By State law, it is required that counties meet the constitutional obligation of providing legal defense to those that cannot afford counsel. Counties have several ways by which they can provide this service (or a combination of methods) such as through a public defender’s office or private sector attorneys (known as 18B attorneys); or by contract with providers such as Legal Aid.
By creating a Public Defender Office to provide criminal defense, the county is also creating the position of Public Defender, a appointed position that will oversee and manage this department. The Public Defender is appointed by the County legislature for a (2) two-year term. The law defines qualifications of the positions such as being an attorney in good standing with at least 10 years practice in this relevant field.
The Public Defender's duties shall include but not be limited to:
1. Developing, managing, and submitting budgets for approval by the County Administrator and County
Legislature.
2. Appointing, hiring, laying-off, suspending, disciplining and/or removing any person employed in the Public
Defender's Office in accordance with Civil Service Law and/or collective bargaining units.
3. Establishing and overseeing office policies.
4. Preparing statistical and other reports as required by the
State of New York Office of Indigent Legal Services, the
County Legislature for presentation to the community, the
Courts, and any other appropriate entity.
5. Representing indigent defendants charged with crimes and in other proceedings in local criminal courts, County
Court, Surrogate's Court, Family Court and Supreme Court, state Appellate Courts and Sex Offender Registration Act (SORA) matters.
County of Cayuga Passes a Local Law Establishing the Department of Parks and Trails and the Position of Director of Parks and Trails
Last November, the County Legislature of Cayuga County adopted a local law creating a County Department of Parks and Trails as well as a director position to run said Department. The county sought to establish this department in order to provide more direct and focused oversight over matters involving parks, trails and related recreational facilities.
The legislature found that this will help manage and provide the best use of the parks and trails and related facilities which are owned and operated by Cayuga County and are critical assets to promoting the cultural and recreational opportunities within the county for both the citizenry and visitors alike.
The Department of Parks and Trails shall have the duty of preserving and maintaining all parks and trails, and related buildings and facilities owned or leased by the county. The Director of Parks and Trails shall have primary responsibility for overseeing the Department as well as provide: 2. Planning, organizing and budgeting for the department as well as recruiting, equipping, training and supervising department personnel.
The Director of Parks and Trails shall be appointed, without term, by the County Legislature.
Link: https://on.ny.gov/3Gk5GND
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