UPDATE (4:20 p.m.) Executive Chris Moss has sent WENY News a statement regarding this lawsuit. In it, he said: 

"On Friday June 28, an additional Article 78 was filed in Chemung County Supreme court against the Chemung County Legislature for their failure to legally amend the charter when amendments directly effect the authority of an elected official. Local Law #2 was an attempt by the legislature to circumvent the proper procedure in amending the County Charter. All amendments to the County Charter that effect the current system of checks and balances between the two branches of government should be adopted and voted on by county residents via referendum."

ELMIRA, N.Y. (WENY) – Chemung County Executive Chris Moss has filed a second lawsuit against the Chemung County Legislature.

According to the Chemung County Legislature, they, along with legislature attorney Bryan Maggs, were served the second lawsuit on Friday, June 28.

As WENY News reported, the first lawsuit brought by Moss alleges the Legislature does not have the power to choose its own attorney or draft legislation. After several adjournments made at Moss’ request, the first lawsuit is set to be argued in Chemung County Supreme Court on July 19th at 9:30 a.m.

In this second lawsuit, Moss reportedly claims the Legislature acted improperly when it amended the County Charter to clear up any ambiguities related to the legislative attorney position.

“The Legislature has had the power to choose its own attorney at all times since 1984,” said David Manchester, Chairperson to the Chemung County Legislature. “In early March we passed a Local Law that makes the Charter consistent with the law and practice in Chemung County for the past 35 years.”

The Legislature passed the Local Law by a vote of 14-1. Moss vetoed it, and the Legislature reportedly voted 14-1 to override his veto.

“We are extremely disappointed that Moss filed a second lawsuit. Not only does it result in additional unnecessary expenditures of time and taxpayer money, but it is also very disruptive to have one branch of county government repeatedly sue the other,” Manchester said.

“Attorney Maggs has done an excellent job for the Legislature so far. Despite Moss’ attempt to fire him in February, Attorney Maggs has not missed a day of work or a single legislative meeting. He is always prepared, very knowledgeable and has earned the full respect of the Legislature.”

John Burin, Vice Chairperson of the Legislature, added, “We need to move on from this distracting issue. Far more important issues demand our full attention. Poverty, crime, job growth and population loss, to name a few”

The Legislature and Maggs have 20 days to respond to the second lawsuit. It is scheduled to be argued in Chemung County Supreme Court on July 19, 2019 at 9:30 a.m.

WENY News has reached out to Executive Moss for a comment.