LEGAL NOTICE

LOCAL LAW “3” FOR 2022 A LOCAL LAW OF THE COUNTY OF ALBANY REQUIRING ALL WEAPON AND/OR FIREARM DEALERS TO POST DISCLOSURES REGARDING SAFETY RISKS FROM FIREARMS

Introduced: 6/13/22 By Messrs. Reidy, Feeney, A. Joyce, Beston, Ms. Chapman,

Messrs. Clay, Cleary, Ms. Cunningham, Messrs. Efekoro, Fein, Kuhn, Ms. Lekakis, Messrs. Mayo, Miller, Peter, Ms. Plotsky, Messrs. Reinhardt, Ricard, Ward, Ms. Willingham and Mr. Commisso:

BE IT ENACTED BY THE LEGISLATURE OF THE COUNTY OF ALBANY AS FOLLOWS:

SECTION 1. Title.

This Local Law shall be known as the “Albany County Commitment to Ensuring a Safe Society (ACCESS) Law.”

SECTION 2. Legislative Intent.

The purpose of this Local Law is to provide for and promote the health, safety and welfare of the general public by specifically informing buyers and potential buyers of weapons or firearms in Albany County of the dangers of owning a weapon or firearm.

This Legislature determines that gun violence is a uniquely American problem, which continues to worsen. The United States accounts for just 4% of the world’s population, but 35% of global firearm suicides and 9% of global firearm homicides. America has the weakest firearm laws and the most firearms — 393 million, more than this country’s population — of any comparable nation. Americans are 25 times more likely to be killed in a firearm homicide than people in other high income countries.

Within the last ten years, the firearm mortality rate has risen nearly 18%, with an average of 39,000 Americans dying from firearm violence each year from 2015 to 2019. Over 45,000 Americans died from firearm violence in 2020 alone. The Centers for Disease Control and Prevention reports that an average of 483 deaths per year are from unintentional shootings. The average number of non-fatal shooting injuries is 76,127 each year.

Studies have shown that, when a firearm is easily accessible, the risk of homicide, suicide and unintentional shootings rises dramatically. Indeed, access to a firearm triples the risk of suicide. More than 6,000 veterans die by suicide each year, with more than two thirds of those deaths involving firearms. Domestic violence victims are five times more likely to be killed when their abuser has access to a firearm. Firearms are the leading cause of death for children under the age of 18.

Moreover, the database from the Centers for Disease Control and Prevention demonstrates that firearm homicides and assaults disproportionately impact underserved communities of color. Black men make up 52% of all firearm homicide victims in the United States, despite comprising less than 6% of the population.

This Legislature finds that the existence of a weapon or firearm in a home can lead to accidental discharge causing the unintended death of a child or other household members, preventable suicide, and death during a domestic dispute. Requiring weapon and firearm dealers to post warning notices delineating the risks of weapons or firearms ownership will provide important information to customers who can then make safer buying choices.

Albany County is dedicated to protecting its residents. Accordingly, this law is intended to require all weapon or firearms dealers within Albany County to post and distribute conspicuous notices containing disclosures of the safety risks of weapons and firearms.

SECTION 3. Definitions. 

1. Dealer. Any person, firm, partnership, corporation or company who engages in the business of purchasing, selling, keeping for sale, loaning, leasing, or in any manner disposing of including but not limited to: any rifle, shotgun, firearm, machine gun or assault weapon including a semiautomatic rifle, shotgun, or firearm, as those terms are defined in Section 265.00 of the New York State Penal Law, except that this definition shall not include any municipal corporation or any other local, state, or federal government agency;
2. Firearm. As stated in New York State Penal Law Section 265, (a) Any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; (e) an assault weapon, or any other weapon that is not otherwise defined in this section containing any component that provides housing or a structure designed to hold or integrate any fire control component that is designed to or may readily be converted to expel a projectile by action of explosive. The term “Firearm” shall not include an antique and inoperable firearm;
3. Weapon. Any rifle, shotgun, firearm, machine gun or assault weapon including a semiautomatic rifle, shotgun, firearm, as those terms are defined in Section 265.00 of the New York State Penal Law;
4. Site. The facility where any sale and/or transfer of weapons or firearms is conducted.

SECTION 4. Disclosure Notice. 

a. Every Dealer located in Albany County engaged in the retail business of selling weapons or firearms shall not sell, deliver, transfer or otherwise dispose of any weapon or firearm to any person unless a notice is posted in the Site where such weapons or firearms are displayed or delivered to the purchaser, at the entrance to the Site and in at least one additional area where sales occur, conspicuously stating, in no smaller than 26-point type and on paper at least 8 and 1/2 inches by 11 inches in bold print the following warning:

WARNING

ACCESS TO A WEAPON OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.

IF YOU OR A LOVED ONE IS EX- PERIENCING DISTRESS AND/OR DEPRESSION, CALL THE MOBILE CRISIS TEAM AT (518) 549-6500 or THE NATIONAL SUICIDE HOTLINE AT (800) 273-8255.

b. Every Dealer located in Albany County engaged in the retail business of selling weapons or firearms shall not sell, deliver, transfer or otherwise dispose of any weapon or firearm to any person unless it distributes a notice to the purchaser at the time of each individual sale of a weapon or firearm, conspicuously stating, in no smaller than 26-point type and on paper at least 8 and 1/2 inches by 11 inches in bold print the following warning:

WARNING

ACCESS TO A WEAPON OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.

IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL THE MOBILE CRISIS TEAM AT (518) 549-6500 or THE NATIONAL SUICIDE HOTLINE AT (800) 273-8255.

c. Upon the issuance of or amendment to a firearm or weapon license and/or permit, the County Clerk shall provide the licensee/permittee a written copy of a warning notice conspicuously stating in no smaller than 26point type and on paper at least 8 and 1/2 inches by 11 inches in bold print the following warning:

WARNING

ACCESS TO A WEAPON OR FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE RISK OF SUICIDE, DEATH DURING DOMESTIC DISPUTES, AND/OR UNINTENTIONAL DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.

IF YOU OR A LOVED ONE IS EX PERIENCING DISTRESS AND/OR DEPRESSION, CALL THE MOBILE CRISIS TEAM AT (518) 549-6500 or THE NATIONAL SUICIDE HOTLINE AT (800) 273-8255.

d. Albany County and its agencies, officers, and/or employees shall not be liable to any party by reason of any injury or damage resulting from the failure of any Dealer to comply with this Chapter or in consequence of any act or omission in connection with the implementation or enforcement of this Chapter.

SECTION 5. Violations and Enforcement. 

1. Any infraction of this Chapter, shall be a violation punishable by imprisonment of not more than fifteen days or by a fine of not more than one thousand dollars ($1,000), or both. Each day that a violation continues shall be deemed a separate offense.
2. The provisions of this Chapter shall be enforced within each municipality by the applicable local police force, including town, city and village police departments and the Albany County Sheriff’s Office, which officers are authorized to issue appearance tickets for any violation of this Chapter. Appearance tickets shall be served personally.

SECTION 6. Severability

If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm, or corporation, or circumstance, shall be adjusted by any court of competent, jurisdiction to be invalid or unconstitutional, such order or judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm, or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

SECTION 7. Effective Date

This law shall take effect immediately upon its filing with the Secretary of State.

On long roll call vote on the original Local Law the following members voted in favor: Messrs. Beston, Bruschi, Clay, Cleary, Commisso, Domalewicz, Efekoro, Ethier, Feeney, Fein, A. Joyce, R. Joyce, Kuhn, Ms. Lekakis, Mr. Mayo, Mss. McLaughlin, McLean Lane, Messrs. Miller, O’Brien, Peter, Reidy, Reinhardt, Ricard, Simpson, Ward and Ms. Willingham – 26 Those opposed – Messrs. Burgdorf, Collins, Drake, Grimm, Lockart, Mauriello, Perlee, Tunny and Ms. Whalen – 9

Local Law was adopted – 8/8/22

EV 10/6, 10/13/22

LEGAL NOTICE

LOCAL LAW NO. “4” FOR 2022

A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK ESTABLISHING RULES AND REGULATIONS FOR OPEN MEETINGS OF THE COUNTY OF ALBANY TO PROVIDE FOR MEMBER VIDEOCONFERENCING IN LIMITED CIRCUMSTANCES

Introduction: 6/13/22

By: Mr. A. Joyce

BE IT ENACTED by the

Legislature of the County of Albany as follows:

Section 1.  Legislative Intent and Purpose

All County bodies with final decision-making authority must comply with the New York Open Meetings Law. Since the COVID-19 pandemic began in March 2020, and pursuant to the various emergency executive orders of the Governor of the State of New York, the County Legislature and various County public bodies have been authorized to and have met remotely with great success.

In March 2022, the State Legislature enacted updates to the Open Meetings Law to allow for videoconferencing in non-state-emergency situations in limited circumstances. These updates authorize members of a public body who experience an “extraordinary circumstance” to attend meetings by videoconference: (i) as long as a quorum of the members attend in-person at one or more locations open to the public; (ii) as long as the member can be seen, heard, and identified while the open portion of the meeting is being conducted; and (iii) as otherwise permitted under State law. A member who participates from a

remote location that is not open to in person physical attendance by the public does not count toward a quorum of the public body, but may participate and vote if there is a quorum of members at the physical location(s) open to the public.

Under State law, advisory bodies are not “public bodies” as they do not have decision-making authority, and thus they do not need to comply with the requirements of the Open Meetings Law. There is tremendous value in ensuring that County advisory body meetings are open to the public and, as such, this Legislature finds that it is appropriate to continue to permit County advisory boards with no final decision-making authority to meet via videoconferencing, to encourage maximum public attendance and participation.

This Local Law establishes the definitions and framework for all decision-making bodies of Albany County, and amends and/or adopts the bylaws language and written procedures contained within the Addendums to this Local Laws. For this purpose alone, the Legislature waives any requirements that bylaws or rules of separate County public bodies be separately approved by the Legislature, insofar as such amendments are not inconsistent with or beyond the scope of this Local Law, and such changes shall be deemed to meet the requirements when submitted to the Legislature.

Because there are many County decision-making bodies which do not have the ability to conduct the type of public hearing necessary here, the Legislature will conduct a public hearing on behalf of all County decision making bodies.

Section 2.  Definitions

As contained in this Local Law, these terms shall have meanings as indicated herein:

“Alternate Presiding Officer” shall be defined as such individual who has been selected or appointed by a public body to make determinations on the applicability of  requests for videoconferencing in instances when the Presiding Officer is absent or unavailable.

“Caregiving responsibilities” shall be defined as the provision of care to individuals suffering from conditions that often require the assistance of others, including but not limited to: physical decline; chronic conditions; visual and hearing impairments; sudden medical events; developmental disabilities; mental health or psychiatric disorders; and addiction. Additionally, such term shall also include provision of services for children or adults who are otherwise in need of assistance.

“Disability” shall be defined as (a) a physical, mental or medical impairment which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment.

“Executive session” shall have the meaning as defined as in section 105 of the Public Officers Law.

“Extraordinary circumstances” shall be defined as any significant or unexpected factor or event, which precludes a member's physical attendance at a meeting, including disability, illness, or caregiving responsibilities.

“Illness” shall be defined as a disease or period of sickness affecting the body or mind.

“Meeting” shall be defined as the official convening of a public body for the purpose of conducting public business, including the use of videoconferencing for attendance and participation by members of the public body.

“Member” shall be defined as any individual with the ability to cast a vote or who is counted towards a quorum for a public body.

“Presiding Officer” shall be defined as the individual who has been selected or appointed by a public body to preside over its meetings – usually the Chairperson – with authority to facilitate the business of the public body and address issues of order and decorum, who has authority pursuant to this Local Law to review, evaluate, and determine requests for videoconferencing attendance by members.

“Public body” shall be defined as any entity, for which a quorum is required in order to conduct public business and which consists of two or more members, performing a governmental function for the County. Pursuant to State law, this does not include any body which is advisory or does not perform a governmental function.

“Quorum” shall be defined as a majority of members of the body, which is the number needed to take formal action on a matter of public business.

“Videoconferencing” shall be defined as the use of technology allowing for a member of a public body to remotely attend and participate in a

meeting while in a separate location from the quorum of members physically present for said meeting, provided that such videoconferencing member can be heard, seen and identified while the meeting is being conducted by the members of the public body and the public.

Section 3. Requiring Bylaws/Rules Changes and Written Procedures by All County Public Bodies.

This Local Law establishes rules regarding member participation via videoconferencing for all County public bodies. Each County public body must adopt changes to its bylaws or rules consistent with this Local Law. By operation of this Local Law, and pursuant to the powers granted to the Albany County Legislature, the existing bylaws for each County public body are hereby amended to reflect the language contained in Addendum “A” of this Local Law. Each County public body must update its existing bylaws to include this language and ensure that the updated bylaws are publically available, including posting on any website maintained by the County public body. 

Pursuant to the requirements of the updates to the Open Meetings Law, this Local Law also hereby establishes written procedures applicable to all County public bodies concerning the holding of remote meetings. By operation of this Local Law, and pursuant to the powers granted to the Albany County Legislature, each County public body hereby adopts the written procedures contained within Addendum “B.” Each County public body shall ensure that these written procedures are publically available, including posting on any website maintained by the County public body. 

All County public bodies shall provide copies of their revised bylaws or rules to the Legislature, and any other such entities as required by law. This Legislature hereby deems as accepted and approved any amendments to bylaws or rules that would otherwise require legislative approval, insofar as such amendments are not inconsistent with or beyond the scope of this Local Law, provided that such approval is not inconsistent with any other provisions of law.

Section 4. Use and Requirements of Videoconferencing

A. The use of videoconferencing by County public bodies is authorized when the following criteria are met:

1. The County Legislature has adopted this Local Law, following a public hearing;
2. The public body has amended its bylaws or rules consistent with this Local Law to authorize the use of videoconferencing;
3. The public body has established written procedures governing member and public attendance consistent with this Local Law, and such written procedures are conspicuously posted on the County website;
4. The public body has a minimum number of members physically present to fulfill the public body's quorum requirement in physical location(s) where the public can attend;
5. Extraordinary circumstances exist which would prevent a member from meeting in the physical location(s) where a quorum of members are jointly present;
6. Said member has provided notice, justification, and documentation (where applicable) to the extent possible for their absence to the Presiding Officer and/or Alternate Presiding Officer of the public body, as far in advance as practicable. For purposes of the County Legislature, such notice shall be provided to the Clerk of the Legislature and the Chairperson of the Legislature. All other public bodies of the County of Albany shall adopt policies related to who is to receive such notice.
7. Said absence has been approved by the Presiding Officer, or the Alternate Presiding Officer, in situations where the Presiding Officer is absent or otherwise unable to attend in person, after a determination that extraordinary circumstances exist.
8. Where documentation supporting a request to videoconference has been provided, the Presiding Officer may publicly confirm receipt of such documentation, but may not share the contents of such documentation outside of the public body.

B. When videoconferencing is used, the following are required:

1. Except in the case of executive sessions, the public body shall ensure that remote members of the public body can be heard, seen and identified at all times during them meeting;
2. Minutes of such meetings shall include which members participated remotely and shall be available to the public;
3. Public notice(s) for the meeting shall inform the public that video conferencing will be used, where the public can view and/or participate in such meeting, where required documents and records will be posted or available, and identify the physical location(s) for the meeting where the public can attend;
4. The meeting shall be recorded and such recordings posted or linked on the Albany County website within five business days following the meeting, shall remain so available for a minimum of five years thereafter, and shall be transcribed upon request;
5. Members of the public must have the opportunity to attend the meeting via videoconferencing and participate where public comment or participation is authorized, in real-time, at all times being permitted the same public participation or testimony as in person participation or testimony.
   Section 5. Americans with Disabilities Act Compliance

Open meetings of any public body that are broadcast or use videoconferencing shall utilize technology to permit access by members of the public with disabilities consistent with the 1990 Americans with Disabilities Act (ADA), as amended, and corresponding guidelines. For the purposes of this Section, “disability” shall have the meaning defined in Executive Law Section 292.

Section 6. Public Hearing Requirement

The Albany County Legislature will hold a public hearing prior to the adoption of this Local Law, and said public hearing shall satisfy the requirement that all County public bodies hold a public hearing regarding videoconferencing rules.

Section 7. State of Emergency

Provisions

The in-person participation requirements of the Public Officers Law shall not apply during a state disaster emergency declared by the Governor pursuant to the Executive Law or a local state of emergency proclaimed by the County Executive of Albany County pursuant to the Executive Law, if the Legislature determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the County public bodies to hold an in-person meeting.

Section 8. Severability

If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm, or corporation, or circumstance, shall be adjusted by any court of competent, jurisdiction to be invalid or unconstitutional, such order or judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm, or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

Section 9. Effective Date

This Local Law shall take effect upon filing with the Secretary of State. This Local Law shall become null and void after July 1, 2024, unless the New York State Legislature provides further authorization.  

Those opposed – 0 Local Law was adopted – 8/8/22

EV 10/6, 10/13/22

LEGAL NOTICE

NOTICE TO BIDDERS –

ALBANY COUNTY

REQUEST FOR BIDS

#2022-122R

Sealed Bids for Vogelsang Pump Parts as requested by Albany County Water Purification District will be received by the Albany County Purchasing Agent, Room 1000, 112 State Street, Albany, New York 12207 until 11:00 AM, local time on Thursday, October 27, 2022.

Request for Bid (RFB) documents may be obtained at the office of the Albany County Purchasing Agent, as noted above. RFB documents may be available for download from the Empire State Bid System website at http://www.empirestatebidsystem.com starting by close of business (4:30 p.m.) on Thursday, October 13, 2022.

Pamela O Neill

Purchasing Agent

Dated: Albany, New York October 7, 2022

EV 10/13/22

LEGAL NOTICE

NOTICE TO BIDDERS –

ALBANY COUNTY

REQUEST FOR BIDS

#2022-125

Sealed Bids for Fecon Mulching Head and Accessories as requested by Albany County Department of Public Works will be received by the Albany County Purchasing Agent, Room 1000, 112 State Street, Albany, New York 12207 until 11:00 AM, local time on Thursday, October 27, 2022.

Request for Bid (RFB) documents may be obtained at the office of the Albany County Purchasing Agent, as noted above. RFB documents may be available for download from the Empire State Bid System website at http://www.empirestatebidsystem.com starting by close of business (4:30 p.m.) on October 13, 2022.

Pamela O Neill

Purchasing Agent

Dated: Albany, New York October 6, 2022

EV 10/13/22

LEGAL NOTICE

NOTICE TO PROPOSERS –

ALBANY COUNTY

REQUEST FOR PROPOSALS

#2022-128

Sealed Proposals for Lease Space of Room 120 at 112 State Street as requested by Albany County Department of General Services will be received by the Albany County Purchasing Agent, Room 1000, 112 State Street, Albany, New York 12207 until 4:30 PM, local time on Friday, Friday, October 28, 2022

Request for Proposal (RFP) documents may be obtained at the office of the Albany County Purchasing Agent, as noted above. RFP documents may be available for download from the Empire State Bid System website at http://www.empirestatebidsystem.com, starting by close of business (4:30 p.m.) on Thursday, October 13, 2022. Pamela O Neill

Purchasing Agent

Dated: October 4, 2022 Albany, New York

EV 10/13/22