Referred to: The Laws and Rules, Governmental Services Committee (Chairman

Roberts and Legislators Donaldson, Haynes, Heppner, and James Maloney)

Minority Leader Hector S. Rodriguez offers the following:

WHEREAS, pursuant to 18 United States Code § 2511(2)(d) and New York

Penal Law § 250.05 telephonic and in-person communications may be recorded

provided at least one participant in the communication consents to the recording; and

WHEREAS, except as otherwise governed by New York Open Meetings Law,

the Ulster County Legislature hereby determines that the public benefit is better

served if notice and consent of the use of recording devices by Ulster County Elected

Officials and personnel is given to all parties to telephonic and in-person

communication; now, therefore be it

RESOLVED, that Elected Officials and personnel of the County of Ulster are

hereby prohibited from recording private communication transmitted by telephone,

telegraph, radio or other device between two or more individuals by any device

electronic or otherwise designed to record and/or transmit said communication,

unless the consent of all the participants in the communication is first obtained; and,

be it further

RESOLVED, notwithstanding any other section herein, communications or

conversations of an emergency nature, such as reporting of a fire, medical

emergency, crime or disaster may be recorded with the consent of one party to the

conversation; and, be it further

RESOLVED, where consent by all participants is required pursuant to this

Ulster County policy, consent shall be considered obtained whenever one participant

has announced to all other participants engaged in the communication or

conversation, in any reasonably effective manner, that such communication is about

to be recorded or transmitted and, in the event of a recording, that such

announcement is also recorded; and, be it further

RESOLVED, that for purposes of this Ulster County Policy the following

definition(s) are applicable:

“Elected Official”: Ulster County Executive, Ulster County Comptroller,

Ulster County Legislators, Ulster County Sheriff, Ulster County District Attorney,

Ulster County Clerk. 

and be it further,

RESOLVED, that this Resolution shall take effect immediately,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: NOES:

Passed Committee: Laws and Rules, Governmental Services on ______________.

FINANCIAL IMPACT:

NONE