[Effective March 29, 1972; amendment of the
Charter of the Village of Cooperstown]
The district of country within the towns of
Otsego and Middlefield, in the County of Otsego, contained in the
following bounds, namely: Beginning on the east shore of Otsego Lake
at the southwest corner of the lands of the Lakewood Cemetery, and
from thence south sixty-six degrees, fifty-five minutes east, along
the south line of said cemetery lands, four hundred feet to the center
of the Springfield Turnpike; thence south fifteen degrees forty-five
minutes west, five thousand two hundred and fifty-five feet to the
point where the road around Mount Vision intersects with the road
to Bowerstown, at the northwest corner of the former Harmon Groat's
farm; thence north seventy-four degrees and forty-five minutes west,
seven thousand nine hundred and twenty feet to the southwest corner
of the corporation of the village of Cooperstown as established prior
to eighteen hundred and seventy; thence north four degrees thirty
minutes east along the said old corporation line, four thousand seven
hundred fifty feet to the northwest corner thereof; thence north eighty-one
degrees fifteen minutes east, six thousand four hundred and twenty-five
feet to the west shore of Otsego Lake at the southeast corner of the
farm formerly owned by the late Judge Nelson; thence south thirty-six
degrees thirty minutes east across said lake, three thousand two hundred
and fifty feet to the place of beginning, shall hereafter be known
by the name of and shall be "The Village of Cooperstown"; and the
inhabitants residing therein shall be a corporation by the name of
"The Village of Cooperstown"; and as such shall have perpetual succession,
and may sue and be sued, complain and defend in any court by such
name; may make and use a common seal and alter it, and may receive,
by gift, purchase, grant, devise and bequest, real and personal estate
subject to now existing provisions of law, and may also hold and convey
such real and personal estate as the purposes of the corporation may
require, as may be authorized by the provisions of this act.
[Amended 6-7-1975 by L.L. No. 3-1975; 4-27-2015 by L.L. No. 8-2015]
The elective officers under this act shall be
the Village Mayor and Village Trustees; the Village Mayor to be elected
every two years for a two-year term; two trustees to be elected annually
for a three-year term. All the officers named above who shall be in
office at the date of the passage of this act shall hold the same
until the terms for which they were elected shall have expired.
[Added 1-12-1988 by L.L. No. 2-1988]
Any appointed officer or an elected village
justice may reside outside of the Village but within the limits of
Otsego County.
[Added 11-13-1989 by L.L. No. 6-1989; amended 5-19-1997 by L.L. No. 1-1997]
1.Â
Position established. The position of Village Administrator
is hereby established. The decision to fill the position with the
appointment of an administrator is an option that is left to the Board
of Trustees to execute based on operational requirements and financial
capability. Such a decision requires the favorable vote of a majority
(5) of the Trustees.
2.Â
Appointment, term, qualifications, residency. The
Village Administrator shall be appointed by the Board of Trustees
upon the recommendation of the Mayor for an indefinite term and shall
remain in the position at the pleasure of the Board of Trustees. The
Administrator shall be chosen by the appointing authority without
regard to the appointee's political beliefs and solely on the basis
of the appointee's training and experience, with special reference
to actual experience or knowledge of the responsibilities and duties
of the position as determined by the Board of Trustees. The person
appointed may hold another Village office, except that no elected
official of the Village shall be eligible for such appointment while
in office.
[Amended 2-27-2017 by L.L. No. 5-2017]
3.Â
Duties and responsibilities. Subject to the approval,
direction and control of the Board of Trustees, or — in
those instances where approval, direction and control is, by applicable
law, reserved to the Mayor — under the approval, direction
and control of the Mayor, the Village Administrator shall perform
the duties delineated in the job performance plan, as prepared and
established by the Board of Trustees, and in accordance with such
rules and regulations as may be promulgated by the Board of Trustees.
4.Â
Compensation. The Village Administrator shall receive
such compensation as the Board of Trustees may fix.
5.Â
Vacancy in position. In the case of a vacancy or during
the absence or disability of the Village Administrator, the Board
of Trustees may designate some properly qualified person to perform
the duties of the Administrator on an acting basis. This individual
may be but is not required to be the Mayor or a member of the Board
of Trustees. Compensation for this acting administrator will be determined
by resolution of the Board.
6.Â
Removal from office.
A.Â
The Board of Trustees may remove the Village Administrator
from office by affirmative vote of a majority (5) of its membership.
Any termination compensation will be specified by the Board of Trustees.
B.Â
The action of the Board of Trustees in suspending
or removing the Village Administrator shall not be subject to review
by any court or agency.
7.Â
Construction of provisions. Nothing contained herein
shall be deemed or construed as abolishing, transferring or curtailing
any powers or responsibilities of the Mayor or Board of Trustees or
other Village officer as prescribed by Village Law or other applicable
laws of the state.
8.Â
Savings clause. If any section, subsection, or sentence
of this local law is for any reason held invalid it shall not affect
the validity of the remaining portions of this local law. All existing
local laws or ordinances of the Village setting forth the duties of
heads of departments shall remain in full force and effect except
insofar as they conflict with the provisions of this local law, in
which case the conflicts are to be resolved by a majority vote (5)
of the Board of Trustees.
[Amended 3-8-1977 by L.L. No. 1-1977; 9-27-1979 by L.L. No.
3-1979; 3-18-2002 by L.L. No. 1-2002]
The annual village election shall be held on
the third Tuesday in March in each year from the hour of noon until
nine o'clock in the evening, at such place as shall be designated
in the notice of such election, and such notice signed by the Trustees
shall be posted in at least three public places in the village, six
days before the day of the election.
[1]
Editor's Note: Section IV, Inspectors of election and certification,
was repealed 4-27-2015 by L.L. No. 8-2015.
[Amended 3-11-1986 by L.L. No. 2-1986]
Vacancies in elective offices caused other than
by expiration of the terms thereof shall be filled by the Mayor, except
the office of Mayor which shall be filled by the Board of Trustees.
If such vacancy occurs at least seventy-five days prior to the annual
village election, the office shall be filled for the balance of the
year preceding the election; if such vacancy occurs less than seventy-five
days prior to the annual village election, for the balance of the
year preceding the election; and, if the term of office does not expire
at the election, by further appointment to the following annual village
election. Elective offices which have been filled by appointment for
part of the unexpired terms thereof shall further be filled for the
remaining part of such terms by election at the annual village election.
Vacancies in appointive offices shall be filled by the Mayor subject
to the approval of the Board of Trustees.
The first meeting of the Board of Trustees in
each year shall be within seven days after the annual election of
such year, at which time it shall meet and organize. All subsequent
meetings of the Board of Trustees during the year shall be held at
least once a month, at such time and place in the village as the Board
by resolution shall direct. Special meetings may be called by the
village Mayor, or by the village Clerk on the written request of two
or more Trustees. Notice of all meetings shall be served on each member
of the Board by the Clerk a reasonable time before the hour of the
meeting.
It shall be the duty of the Board of Trustees,
on or before the thirtieth day of July succeeding the closing of the
fiscal year, to cause to be published in one or more newspapers in
the village a summary of the cash transactions of all funds, and a
statement of indebtedness of all funds at the close of the fiscal
year.
A majority of the Board of Trustees when duly
convened shall constitute a quorum for the transaction of any business;
but no rule, bylaw, regulation or ordinance shall be adopted, altered
or repealed; or any assessment laid, imposed or altered; or the sum
to be raised in any tax determined; or any officer appointed; or any
money appropriated unless at least four members of the board shall
concur therein, and the minutes shall contain both the affirmative
and negative votes and the names of said members as they voted respectively
in every case. No member of the board shall be allowed to vote upon
any question in which he has a special pecuniary interest.
[1]
Editor's Note: Section IX, Fire department, was repealed 4-27-2015
by L.L. No. 8-2015.
The existing ordinances, bylaws, rules and regulations
of the Village of Cooperstown shall be and remain in force from and
after the passage of this act, until the same shall be modified or
repealed by the Board of Trustees.
This act shall take effect immediately.
