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City of Watervliet, NY
Albany County
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Table of Contents
Table of Contents
The elective officers of the city shall be a mayor, and two councilmen; a judge of the city court; and one supervisor, to be elected by the qualified voters of each ward. (Ord. No. 5-A, 1920)
The appointive officers of the city shall be a general manager; corporation counsel; director of public works; city engineer; director of finance; director of public safety; sealer of weights and measures, who shall have like power as the county sealer in the county; city marshal; civil service commissioner, consisting of three members; commissioner of charities; registrar of vital statistics; and such other and further appointive officers as shall be determined by resolution of the council.
Hereafter the general manager shall, subject to the control of the council, be the administrative head of the city government. He shall see that within the city the laws of the state and the city, the ordinances and resolutions and bylaws of the council are faithfully executed. He shall attend all meetings of the council and recommend for adoption such measures as he shall deem expedient, and shall make reports to the council from time to time upon the affairs of the city, and keep the council fully advised of the city's financial condition and its future financial needs. He shall countersign all payrolls, vendors' claims and requisitions, except those pertaining to salaries of elected officers; he shall prepare and submit to the council a tentative budget for the next fiscal year. The general manager shall appoint such city officers and employees as the council shall determine are necessary for the proper administration of the city, but each such appointment shall be a report to the council at its next regular meeting. (Ord. No. 5-A, 1920; Ord. No. 39, 1920; Ord. No. 166, 1932; L. 1953, c. 878, § 314)
The power of appointment vested by law in the council is hereby delegated to the general manager under the conditions hereinbefore set forth. (Ord. No. 5-A, 1920)
The council may be by resolution authorize the appointment of deputies or assistants to any appointive or elective officer, and can combine any two or more appointive offices. The council shall fix the salary and compensation of all appointive officers, except officers and employees appointed by and under the board of education. (Ord. No. 5-A, 1920)
Every person elected or appointed to office must be an elector of the city except the general manager, the city engineer, the building inspector and the corporation counsel. If the council shall by resolution determine that any matter or matters pending in the City of Watervliet require services of a highly technical nature, and further determine that there is no person residing within the City of Watervliet who is qualified to render such services, then and in that event the council may authorize the appointment of a person who is not an elector of the city to perform the services so determined to be necessary. All persons elected to the office of county legislator must be an elector of the ward from which he is elected. No person shall be eligible to of the office of judge of the city court or of corporation counsel unless he has been admitted to practice as an attorney of the State of New York, and has had at least three (3) years active practice in the profession. If an officer ceases to be a resident of the city, or, if a county legislator, to be a resident of the ward from which he is elected, his office shall thereupon become vacant. (Ord. No. 5-A, 1920; L. 1953, c. 878, § 315; L.L. 1964, No. 1; L.L. No. 3-1978, § 1, 11-2-1978)
The term of office of the judge of the city court and of each supervisor will commence on the first day of January next succeeding his election, and shall be for two years. (Ord. No. 5-A., 1920)
If a vacancy shall occur in the office of mayor, councilman or judge of the city court otherwise than by expiration of term, the council shall appoint a person to fill such vacancy for a term to expire as of the commencement of the political year next succeeding the first annual election after the happening of the vacancy. In case of a failure to elect an elective city officer the office shall be deemed to be vacant for the purpose of choosing a successor, and the vacancy shall be filled in the manner provided herein for the filling of a vacancy in such office happening otherwise than by expiration of term. (Ord. No. 5-A, 1920; L.L. No. 2-1968, § 2, 7-11-1968)
An appointment to a city office must be made by a certificate in writing signed by the general manager, or, if made by a board, by the presiding officer thereof, and filed in the office of the city clerk. Before entering upon his duties every officer must make and file with the city clerk the constitutional oath of office. No person elected or appointed to a city office shall enter upon or continue in the discharge of the duties of his office unless he shall have executed and filed with the city clerk the official undertaking, if any is required to be given, and the same shall have been approved as to its form and validity by the corporation counsel. All such undertakings shall be filed in the office of the city clerk. (Ord. No. 5-A, 1920)
Resignations of elective officers must be presented to the council, and of all other officers to the appointing board or officer, and such resignations must thereupon be filed in the office of the city clerk. (Ord. No. 5-A, 1920)
The annual salary of the judge of the city court shall be $1500.00 and shall be payable in monthly installments. The supervisors shall be entitled to the same compensation for services as supervisors of towns are entitled to for like services. The salaries of all other officers, unless otherwise fixed by law, shall be fixed by a resolution of the council. The compensation fixed either by law or by resolution of the council shall be in full for all services which they shall respectively perform in any and all capacities, except that in case the council shall combine the duties to be performed by any of the appointive officers, the person who shall perform the duties of the two or more offices may receive such additional compensation as the council shall fix and determine. No officer of the city, except the city marshal, commissioner of deeds, and city officers acting as commissioners of deeds, shall have or receive to his use any perquisites, compensation or fees for services pertaining directly or indirectly, or which may be hereafter added, to the duties of his office in addition to his salary; all perquisites, compensation and fees paid to and received by any such officer for services pertaining directly or indirectly, or which may be added hereafter, to the duties of his office, other than his salary received from the city, shall be property of the city, and shall be paid by the officer receiving the same into the city treasury. (Ord. No. 5-A, 1920)
In addition to the powers and duties conferred and imposed upon the respective appointive officers of the city, which officers shall perform such duties, exercise such functions and have such powers as are conferred and imposed by law upon such officers generally, and shall have such additional powers, exercise such additional functions and perform such additional duties as may be conferred or imposed upon them respectively, by ordinance or resolution of the council or by the direction of the general manager. (Ord. No. 5-A, 1920)
(a) 
In December of each year, at a time to be specified by the chief of the fire department, the members and officers of the fire department shall elect, by a majority vote of those present and voting, a fire department treasurer. Notice of such meeting shall be given in writing by the fire chief at least five days prior to the time thereof. The fire department treasurer so elected shall serve for a one-year period beginning January 1st of the ensuing year. A fire department assistant treasurer shall be elected at the same time and in the same manner, who shall serve during a vacancy in the office of fire department treasurer, and who may serve in the event of the disability of the fire department treasurer, upon request by the fire department treasurer. All moneys required to be paid to the treasurer of the fire department of the city pursuant to sections one hundred twenty-two, five hundred fifty-three and five hundred fifty-four IV the insurance law shall hereafter be received by the fire department treasurer. Said fire department treasurer shall promptly collect said moneys, shall deposit the same in the name of the fire fund of the city, on the day following receipt thereof, Sundays and holidays excluded, in a bank or trust company located in the City of Watervliet, and his receipt shall be a good and sufficient voucher for the payment of said moneys. Such moneys shall be expended for the use and benefit of the fire department of said city, in accordance with the applicable provisions of the laws of the State of New York, except as otherwise provided by law. Said moneys shall constitute the fire fund of said city and said fire department treasurer shall pay no moneys from said fire fund except upon receipt of proper vouchers, and he shall keep an accurate account of all receipts of and payments from said fire fund. Said fire department treasurer shall present to the council, and to the general manager, at or before the first meeting of said council in the month of February, during his term of office, a statement of the aggregate receipts and disbursements on account of each said fire department fund during the preceding calendar year, and shall file such statement with the city clerk in addition. Before entering upon the discharge of the duties of his office, said fire department treasurer, or in the event that he shall begin the discharge of said duties, the fire department assistant treasurer, shall execute and file with the city clerk a bond in such penal sum as may be fixed by the council, not less however than the sum of five thousand dollars, nor more than the sum of ten thousand dollars in amount; such bond shall be executed by a solvent surety company authorized to do business in the State of New York, shall be approved by the mayor and the corporation counsel, and shall be conditioned for the faithful performance of all his duties as such fire department treasurer, and that he will promptly account for all moneys and property received by him. All the necessary expense of procuring and filing such bonds shall be a proper charge to said fire fund.
(b) 
Within ten days after the adoption of this local law [February 9, 1967], the mayor shall appoint from among the members of the fire department a fire department treasurer who shall serve until December 31st of the year in which the fire department treasurer is first elected pursuant to this local law. The fire department treasurer so appointed shall have the same powers and duties as herein set forth.
(c) 
All moneys required by any law of this state to be paid by agents of insurance companies, not incorporated under the laws of this state, received by or on behalf of the city or any officer thereof, from and after January 1st, 1967, and prior to the effective date of this local law [February 9, 1967], shall be forthwith paid over to said fire department treasurer and shall be administered in accordance with the provisions of this local law. (L.L. No. 1-1967, §§ 1-3, 2-9-1967)