The Council shall appoint a City Manager who shall be the administrative
head of the city government. He shall be chosen by the Council solely
on the basis of his executive and administrative qualifications. During
the first three years after this Charter shall have become effective,
the Council shall appoint no one as City Manager (except as a substitute
to serve temporarily in the absence or disability of the regularly
appointed Manager) who has not had three yearservice as City Manager.
No person elected to the Council shall, during the time for which
he is elected, be chosen as City Manager.
[Enacted by Local Law No. 8-1940 (December 2, 1940).]
The City Manager may be appointed for an indefinite period to
serve at the will of the Council. When appointed for an indefinite
period, before the Manager may be removed he shall, if he so demands,
be given a written statement of the reasons alleged for his removal
and shall have the right to be heard publicly thereon at a meeting
of the Council prior to the final vote on the question of his removal,
but pending and during such hearing the Council may suspend him from
office. The action of the Council in suspending or removing the Manager
shall be final, it being the intention of this Charter to vest all
authority and fix all responsibility for such suspension and removal
in the Council. Until the City Manager is chosen, or in the event
of his disability or suspension, the Council may designate someone
to perform the duties of City Manager during such period.
The City Manager may be appointed for a definite term not to
exceed two years, at the expiration of which term the City Manager
may be reappointed from time to time in the discretion of the Council,
but in no event shall any one period of appointment be for more than
two years.
The Council may employ a City Manager for a definite term not
to exceed two years under a written contract of employment, which
contract shall contain such terms and conditions as may be specified
by the Council. Such contracts of employment may be renewed from time
to time in the discretion of the Council but no one renewal period
shall be for a period in excess of two years.
[Amended by Local Law No. 3-1982 (May 18, 1982); Local Law No. 10-1997 (July 16, 1997).]
The City Manager shall be responsible to the Council for the
proper administration of all affairs of the city placed in his charge,
and to that end, subject to the civil service provisions of this Charter,
and except as otherwise provided herein, he shall have the power to
appoint and remove all department heads and such officers and employees
in the administrative service of the city as may be assigned by law.
The City Manager shall have the power to appoint and remove
a Deputy City Manager, who shall perform such duties as he shall direct.
He shall designate the deputy or a department head to undertake the
responsibilities and powers of the City Manager and have the title
of Acting City Manager during his absence or disability. During the
period of a vacancy in the position of City Manager, the Acting City
Manager shall have the responsibilities and powers of the City Manager
and perform his duties under the title of Acting City Manager, until
such time as the City Council may remove him and appoint an Acting
City Manager or until such time as the City Council may appoint a
City Manager.
Appointments made by or under the authority of the City Manager
shall be on the basis of executive and administrative ability and
of the training and experience of such appointees in the work which
they are to perform. All such appointments shall be without definite
term, unless for temporary service not to exceed 60 days.
[Amended by Local Law No. 10-1997 (July 16, 1997); Local Law No. 2-1998 (January 20, 1998).]
Except as otherwise provided in this Charter and except as may
be required by the Civil Service rules if applicable thereto, any
officer or employee of the city appointed by the City Manager or another
appointing authority may be laid off, suspended or removed from office
or employment by the respective appointing authority. Verbal or written
notice of layoff, suspension or removal personally given to an officer
or employee or written notice mailed by certified mail return receipt
requested to such person's usual place of residence shall be sufficient
to put any such layoff, suspension or removal into effect. If the
civil service rules apply, then the officer or employee sought to
be removed shall receive such notice and hearing as such civil service
rules require, and all further proceedings therein shall be pursuant
to such civil service rules. The decision of the Manager or other
appointing authority in any such case shall be final. A copy of the
written statement of reasons given for any layoff, suspension or removal,
and a copy of any written reply thereto by the officer or employee
involved, together with a copy of the decision of the Manager or other
such authority, shall be filed as a public record in the office of
the Manager.
Neither the Council nor any of its committees or members shall
direct or request the appointment of any person to, or his removal
from, office or employment by the City Manager or any of his subordinates.
Except for the purpose of inquiry, the Council and its members shall
deal with that portion of the administrative service for which the
Manager is responsible solely through the Manager, and neither the
Council nor any member thereof shall give orders to any subordinate
of the city, either publicly or privately.
It shall be the duty of the City Manager to act as chief conservator
of the peace within the city; to supervise the administration of the
affairs of the city; to see that the ordinances of the city and the
laws of the state are enforced, except as otherwise in this Charter
provided; to sign all contracts, deeds or leases that may be authorized
by the Council; to make such recommendations to the Council concerning
the affairs of the city as may seem to him desirable; to keep the
Council advised of the financial conditions and future needs of the
city; to prepare and submit to the Council the annual budget estimate;
to prepare and submit to the Council such reports as may be required
by that body; and to perform such other duties as may be prescribed
by this Charter or required of him by ordinance or resolution of the
Council.
The City Manager shall be entitled to a seat in the Council
but shall have no vote therein. He shall receive notice of all meetings
of the Council and shall attend the same. He shall have the right
to take part in the discussion of all matters coming before the Council,
other than those relating to his own removal or suspension.
[Enacted by Local Law No. 1-1941 (February 17, 1941); amended
by Local Law No. 1-1951 (February 19, 1951); Local Law No. 2-1998 (January 20, 1998).]
Where there is a vacancy in the office of the department head
of any department or during the absence or disability of any department
head, the City Manager may perform all the duties and assume all the
powers of such department head. Notwithstanding any provisions of
this Charter to the contrary, the City Manager may from time to time
and for such period as the City Manager deems necessary during the
vacancy, absence or disability of a department head designate a city
employee or a city officer, other than an elected officer, to act
as a deputy in any administrative department. However, an increase
in salary shall not be granted to such employee or officer by reason
of designation unless such increase is authorized and fixed by the
Council.
