Judge dismisses County Executive Moss’ lawsuits against county legislature

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ELMIRA, N.Y. (WETM-TV) – A New York State Supreme Court Judge has dismissed two lawsuits the Chemung County Executive filed against the Chemung County Legislature.

Judge Faughnan dismissed a lawsuit that alleged, “The legislature does not have the power to choose its own attorney or draft legislation.” Moss filed an addition suit claiming, “The legislature acted improperly when it amended the county charter to clear up any ambiguities related to the legislative attorney position.”

Chemung County Executive Chris Moss posted the news on his Facebook page late Monday night. He also posted the following statement.

While we’re disappointed in the court’s dismissal of our petition pertaining to the appointment of the Attorney to the Legislature and Special Districts, the central issue involving the dispute between the two branches (Executive and Legislative) is the drafting of resolutions on behalf of the executive branch and the failure to forward proposed initiatives (term limits, legislator health benefits) from the executive’s office to the entire legislature, these issues have not been addressed as they were not the original basis for the petition.

There have been some minor improvements between the Legislative and Executive branches in the resolution process over the past couple of months and hopefully we can continue to gain momentum in that area. The Legislative branches ability to block initiatives from coming to a vote by leaving them off the agenda was not an issue that was outlined in the petition. It is a topic that needs to be addressed in the near future as it circumvents the democratic process and in our opinion ignores the intent of the charter.

We’ll continue to work in a cooperative manner with the county legislature in order to get the work of the tax payer completed in the most efficient, cost effective manner possible.

Chemung County Executive Christopher Moss

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