Each officer of the city shall, before he enters upon the duties of his office, take and file his official oath in accordance with Article 13 of the Constitution and Section 10 of the Public Officers Law, and for omission so to do, he shall be subject to all the liabilities prescribed by Section 1820 of the Penal Law and the sections of the Public Officers Law. Each Mayor, City Clerk, Finance Director, Acting City Judge and City Judge shall, forthwith upon his election or appointment, file a certificate with the Clerk of Chenango County of his election or appointment to act, and also take and subscribe the constitutional oath of office and file the same with the Clerk of the County of Chenango.
The City Clerk, Finance Director, and City Judge shall, before he enters upon the duties of his office, execute and file an official bond in accordance with the provisions of the General Construction Law and the Public Officers Law, and for omission so to do, shall be subject to the penalties and liabilities prescribed in Section 1820 of the Penal Law, and the provisions of the Public Officers Law; otherwise than as herein provided, the penal sum named in any such bond, or the sum specified in any undertaking as the maximum amount of liability thereon, shall be fixed by the Common Council. All such bonds shall be executed by the principal and by one (1) or more sufficient sureties, and shall be approved by the Common Council.
Each Mayor, City Clerk, City Judge and Acting City Judge of the city shall have the same power and authority to administer oaths and take and certify affidavits and acknowledgements as Justices of the Peace of towns in the County of Chenango.
[Amended 5-18-2010 by L.L. No. 1-2010]
Whenever any expenditure to be made or incurred by the Common Council or any city board or officer in behalf of the city for work to be done, or materials or supplies to be furnished, except ordinary repairing of paved, macadamized and dirt streets, shall exceed such amounts as are specified in Section 103 of Article 5-A of the General Municipal Law of the State of New York for all contracts for public works and for all purchase contracts, the City Clerk shall advertise for and receive proposals therefor, in such manner as the Common Council, or the Board or officer charged with making such contract, shall prescribe, and the contract therefor shall be let to the lowest responsible bidder. When the lowest bid, in the opinion of the Common Council, board or officer charged with making the contract, is too high, it shall have the right to reject it, and may discontinue or abandon the work, or may direct the Clerk to advertise for new proposals. If, however, the estimated expenditure by any board or officer does not exceed such amounts as are specified in Section 103 of Article 5-A of the General Municipal Law of the State of New York for all contracts for public works and for all purchase contracts, the work may be done without a public letting.
If the Common Council, after a public hearing upon any petition presented to them for any public works project, determine that it is to the best interest of the city not to contract for the performance of the work to be done, they may direct the Department of Public Works to proceed with the construction of said improvement with such city employees as may be available. The cost of said improvement which is to be assessed against adjacent property owners for cost shall be assessed in accordance with the provisions of Title V of this Act.
No officer of said city or other person shall have power or authority to make any purchase in behalf of, or on the credit of, or to contract any debts or liabilities against, the city, unless authorized so to do, by or in pursuance of the provisions of this Act or general law; and no account, claim or demand of any kind shall be allowed to paid unless so authorized. If any member of the Common Council shall knowingly vote for any appropriation or for the payment or expenditure of any moneys not authorized by this Act or in pursuance of a special Act or general law, such officer shall be liable to a penalty of one hundred dollars ($100.), to be recovered by the city in a civil action, and shall be guilty of a misdemeanor. If any member of the Common Council or of any city board shall knowingly pass any resolution authorizing or purporting to authorize any expenditure or money by the city for any purpose, exceeding the amount authorized by or in pursuance of law, to be expended in any one (1) year by the Common Council, each officer voting for such resolution shall be personally liable for the amount of such excess, but the City of Norwich shall not be liable therefor, and neither the Common Council nor any city board or city officer shall pay any debt or expenditure so contracted to be made. If any officer of the city authorized to make any contract in his official capacity, or to take part in making any such contract, becomes voluntarily interested in said contract, he shall be liable to the penalty prescribed in Section 1868 of the Penal Law. If any person having been an officer of said city, whose term of office has expired, shall not within five (5) days after notification and request deliver to his successor in office all property, papers and effects of every description in his possession or under his control belonging to said city or appertaining to such office, he shall be liable to a penalty of one hundred dollars ($100.), to be recovered by the city in a civil action, together with all damages caused by his neglect or refusal, and he may also be proceeded against, as provided by the Penal Law of the State of New York.
It shall be the duty of every Alderman to attend the regular and special meetings of the Common Council; to act upon committees when thereupon appointed by the Mayor or Common Council; to arrest or cause to be arrested all persons violating the laws of the state or ordinances, bylaws or police regulations of the city, when such violations are committed in his presence; to report to the Mayor all subordinate officers who are guilty of any official misconduct or neglect of duty; to aid in maintaining peace and good order in the city, and to perform or assist in performing such duties as are by this Act enjoined upon the Aldermen of said city separately or upon the Common Council thereof.
The Mayor shall be the chief executive of the city and shall have and exercise all the powers conferred upon him and perform all the duties required of him by this Act or by the general statutes of this state, not inconsistent with this Act. It shall be his duty to see that the laws of this state and the ordinances and bylaws passed by the Common Council are faithfully executed within the city. He shall sign, on behalf of the city, all written contracts made by it or by any board or officer thereof, and cause the seal of the city to be affixed thereto. He shall be the presiding officer and a member of the Common Council with a casting vote in case of tie. He shall have power and authority to call out and command the police and firemen whenever in his discretion he shall deem it necessary, and such commands shall be in all respects obeyed. Whenever necessary for the prevention or suppression of public disturbances, mobs or riots, it shall be his duty to take such action as is authorized by Sections 101 and 106 to 110 inclusive of the Code of Criminal procedure, Section 6 of the Military Law, and Section 71 of the General Municipal Law. It shall be his duty to exercise a constant supervision and control over the conduct of all city officers, and he shall have power and authority to examine at all times the books, vouchers and papers of any officer or employee of said city, and to take and hear testimony and proof in pursuance of Sections 357 to 365, both inclusive, of the Civil Practice Act. It shall be the duty of the Mayor to communicate to the Common Council as soon after taking office as practicable, and as often thereafter as he may deem expedient, a general statement of the affairs of the city in relation to its finances, government and improvement, with such recommendations as he may deem proper. It shall be the duty of the Mayor to call a special meeting of the Council whenever in his judgment it is required by public necessity.
In the absence of the Mayor, the President of the Common Council shall perform the duties of Mayor, except that he shall not make any appointments to or removals from office. In the event that the Mayor, and President of the Common Council are both absent the Acting Mayor shall perform the duties of the Mayor, except that he shall not make any appointments to or removals from office.
The President of the Common Council and the Acting Mayor shall be elected each year by the Common Council, as provided for in this Act, and shall retain their vote as a member of the Common Council.
The Mayor may at any time in his discretion call together the heads of the different boards and departments of the city government for consultation and advice in regard to the affairs of the city; and at such meetings he may call upon the heads of boards and departments for reports in writing in regard to the transactions of the respective departments, and it shall be the duty of such heads of boards and departments to attend such meeting and submit such report to the Mayor without delay. The City Clerk shall attend such meetings and may compile a record of the transactions thereof.
In addition to any other duties set forth in this Act, the Director of Finance shall be the fiscal officer of the city and shall perform such duties incident to his office as the Common Council may require. He shall have an office in the municipal building which the Common Council shall provide and designate and said office shall be kept open for such hours as the Common Council shall determine, subject to any regulations as provided by the laws of the State of New York. He shall keep separate accounts of the different funds of the city, and shall not pay out any money chargeable to any fund in excess of the amount standing on his books to the credit of such fund, and shall not knowingly pay money from any fund which is not properly chargeable thereto. All moneys received by the Director of Finance from any source shall, within seven (7) days from the receipt thereof, be deposited by said Director in one (1) or more national banks or trust companies as herein provided for the deposit of city funds, to be drawn out only for the payments made in accordance with the provisions of this Act.
The Director of Finance shall, before the first meeting of the Common Council in each month, file with the City Clerk a report showing in detail the total expenditures and receipts of city moneys during the next preceding calendar month, a summary statement of that portion of the current fiscal year expiring with the last day of such preceding month, and the balance at the end of such month standing to the credit of each of the city funds. Such statement shall be in such form as shall be prescribed from time to time by the Common Council. An abstract of such report shall be published at least once semiannually in the official newspaper of the city as designated by the Common Council. Before entering upon the duties of his office, the Director of Finance shall execute and file an official bond pursuant to Section 31 of this Title of some solvent surety company, in such penal sum as may be fixed by the Common Council in accordance with Section 14 of the General Construction Law and Sections 11, 12 and 13 of the Public Officers Law; and for omission so to do he shall be subject to the penalties and liabilities prescribed by the Penal Law and Public Officers Law. Such bond shall be approved by the Common Council. A certificate of the City Clerk of such approval shall be enforced thereon and the bond so endorsed shall be filed and recorded in the Clerk's office of the County of Chenango in the same manner as the official bond of Town Collectors. A true copy of such bond and certificate shall be filed in the City Clerk's office.
The expense of the surety bond required by this section shall be a charge against the city and shall be audited by the Common Council. He shall enter daily in suitable books all sums of money received by him, with the name of the person or corporation on whose account the same shall be paid, and shall at the expiration of each month exhibit the same in his office to the Mayor and to either the Common Council or the Finance Committee for inspection. The Director of Finance shall also enter in a column in the assessment rolls in his possession opposite the names of the persons who pay their taxes or assessments the fact of the payment and the date when paid. He shall also keep a record of all persons, and their respective addresses, who may pay taxes for nonresidents of said city, and the residence of such nonresidents, so far as he can ascertain the same. The Chamberlain shall be the custodian of all moneys, securities, obligations and other evidence of debt belonging to the city. He shall annually, not later than March 31 following the fiscal year, settle with the Common Council, and as much oftener as it may require, for all tax tolls and warrants issued to him, for all moneys received or collected by him for all purposes and produce the proper vouchers of all officers for all moneys paid upon the warrants, drafts or orders of said officers. At the time of the annual settlement and immediately preceding the expiration of his term of office, or within such time after the annual settlement as the Common Council may fix, he shall pay to his successor in office all such moneys remaining in his hands, and deliver to such successor in office all assessment rolls, books, papers, securities and property belonging to said city or pertaining to the affairs of the city in connection with the duties of his office.
He shall upon request, and the payment of fees therefor, make certified copies of records and documents in his possession or under his control as such Director of Finance, and affix the corporate seal of the city to any such certificate, and such seal shall be deemed to be his official seal and any such certified copy shall be received in evidence as provided in the Civil Practice Act. He shall be entitled to demand and receive fees as prescribed by the Common Council, not inconsistent with state law, for such certified copies from each person other than a city officer upon whose request any such certified copy is made and delivered. He shall also make in duplicate an annual report on the 31st day of December in each year and file one (1) in his office and one (1) in the office of the City Clerk and shall perform all other duties required by the general laws of the state.
Any deputy to the Director of Finance, before entering upon the duties of the office, shall execute and file an official bond of some solvent surety company in such penal sum as may be fixed by the Council. The expense of the surety bond herein required shall be paid by the City of Norwich and shall be audited by the Council.
In addition to any other duties set forth in this Act, the City Clerk of the said city shall be the Clerk of the Common Council and the Clerk of all boards and commissions provided by this Act. He shall perform such other duties incident to his office as may be required by the Common Council or by any such board or by law. He shall keep the minutes of the meeting of the Common Council and of each board of which he is the Clerk and shall record in the books to be kept for that purpose all proceedings of the Common Council and of each board and commission and index the same. He shall have charge, custody and control of the corporate seal, books, papers, documents and official minutes of the city, except as otherwise provided or in pursuance of law. He shall, upon request and upon the payment of fees therefore, make certified copies of records and documents in his possession or under his control, and as such Clerk affix the corporate seal of the city to any such certificate and such seal shall be deemed to be his official seal and any such certified copy shall be received in evidence as provided in the Civil Practice Act. He shall be entitled to demand and receive fees for such certified copies as prescribed by the Common Council and not inconsistent with state law, from each person other than a city officer upon whose request any such certified copy is made and delivered. He shall keep accurate account of all fees and moneys received by him as such Clerk, other than his salary, and shall on or before the tenth day of each month pay over all such fees and moneys received by him during the month immediately preceding, to the Director of Finance, to the credit of the general fund, for which he shall take a receipt and file the same in his office. Such receipt shall at all times be subject to examination by the Common Council or any member thereof.
The Common Council may, by resolution at any time, combine or consolidate the powers and duties of any officers or positions in City government. The Common Council also is empowered to provide such additional compensation to such officers or position holders for the performance of such combined or consolidated duties as the Common Council may determine.
In addition to any other duties set forth in this Act, the City Attorney shall be and act as the sole legal adviser of the Mayor, the Common Council and all the boards and all other officers of the city. He shall, when directed by the Common Council, prosecute and defend all actions and proceedings by and against the city and every department thereof and perform such other professional services relating to said city as the Mayor or the Common Council may direct. He shall, when required, prepare all legal papers, contracts, deeds and other instruments for the city and the different departments thereof. The City Attorney shall at the expiration of his term of office deliver to his successor in office, as soon as qualified, the record or register of all suits or proceedings in which the city or any of its departments may be a party, and also all papers on the part of its departments, and also signed stipulations substituting his successors as Attorney for the city in such suits or proceedings to the end that a substitution order may be entered. All taxable costs and disbursements in cases wherein the city is successful shall belong to the city when collected, shall be paid to the Director of Finance and credited to and for a part of the general fund of the city. He shall receive such compensation for his services as the Common Council may designate and determine. Whenever he is away from the City of Norwich on the business of said city, then his actual expense shall be paid by said city after audit by the Common Council the same as his bill for services is audited, pursuant to Section 77b of the General Municipal Law He shall appear for and protect the rights and interests of the city in all actions, suits and proceedings brought by and against any city officer, board or department; and such officers, boards or departments shall not employ other counsel; and he shall attend to all the law business of the city and discharge such other duties as any be prescribed by the Common Council; and when authorized by the Common Council he may employ counsel to assist in the conduct or argument of important cases or proceedings in which the city is interested or to which it is a party.
He shall pay over at once to the Director of Finance all moneys collected by him for and on behalf of the city, including fines and penalties, and shall annually on the 31st day of December, or at such times as the Common Council may direct, file with the Mayor of the city and with the City Clerk, an inventory of all the books and property belonging to the city in his custody.
He shall, whenever he considers that the best interests of the city shall be served thereby, enter into an agreement in writing, subject to the approval of the Common Council, to compromise and settle any claims against the city, which agreement shall be reported to the Common Council at its next meeting and when approved it shall be and constitute a valid obligation against the city; and the amount therein provided to be paid shall, with interest thereon at six per centum (6%) from its date, be included in the next city budget; and when raised by tax be paid to the claimant. If, however, before the adoption of the city tax budget, there shall be received by the Director of Finance from any source any moneys not otherwise appropriated, the amount in the agreement provided to be paid, when the amount to be paid does not exceed five hundred dollars ($500.), shall be paid out of such moneys so received so far as they will satisfy the same.
The Supervisors of the City of Norwich shall have the same powers and duties as the Supervisors of the towns of the county except as otherwise provided by the Local Finance Law, and shall be members of the Board of Supervisors of the County of Chenango. They shall receive the same compensation and fees, allowed by law in the same manner, as Supervisors of towns. The Supervisors elected, appointed or qualified under this Act shall be recognized by the Board of Supervisors of Chenango County and be allowed to take their seats as members of said Board and participate in all deliberations and proceedings of said Board during their term of office. Other than as provided by this Act, their term of office shall begin the first day of January next after their election. They shall also discharge all other duties imposed upon them by this Act, submit a periodic report to the Common Council of the proceedings of the Supervisors of the County, and attend the meetings of the Common Council when called. Each of the districts of the city from which a Supervisor is elected shall be regarded as a Town of Chenango County for the purposes specified in the Judiciary Law respecting the selection, drawing and procuring the attendance of trial jurors. The Supervisor of the first, second and third wards together, and the Supervisor from the fourth, fifth and sixth wards together, each Supervisor acting only for the wards for which he was elected, and the City Clerk and Assessors of said city, shall perform for said wards, respectively, the duties prescribed in said Judiciary Law. A duplicate of each list of jurors selected by them respectively shall be filed in the office of the City Clerk of said city, which shall be deemed a Town Clerk's office for that purpose. The Supervisors and Clerk and Assessor of said city shall meet in the Clerk's office at the time provided by law, and proceed to discharge the duties imposed upon them by the Judiciary Law, as aforesaid, and by this Act; and the list made by them shall constitute the list of persons to serve as trial jurors for the ensuing three (3) years. The Supervisors elected under this Act and the Clerk and Assessors of said city shall meet every third year thereafter for the same purpose and make and file the lists so required of them. The Clerk shall furnish to the City Judge certified copies of all such lists and from the names of all such jurors in the city shall be drawn the trial jurors in actions and proceedings in the City Court and before the City Judge.
The powers and duties of all other city officers shall be such as are prescribed in this Act, or when not so prescribed, as provided by general laws or ordinances of the Common Council applicable to such officers.
No officer or servant of the city or any department thereof shall in any manner be interested directly or indirectly in any contract to which the city or department thereof shall be a party, for the sale or hire of any property, merchandise or materials, or for furnishing or performing any work, labor or services, except in respect to his own compensation from the city or a department thereof or for the granting of any franchise or privilege; and no officer elected or appointed shall receive to his own use any prerequisite, emolument, fee or compensation except his salary or pay from the city or department thereof, except as provided in Section 83, for any act done or service rendered by him in his official capacity, nor shall be accept or receive for his own use any sum of money or valuable thing, fee or commission upon or derive any advantage from the sale or hiring of any property to or by the city or any department thereof. The violation of any provision of this section shall be a misdemeanor and upon conviction thereof, in addition to the penalties provided by law, such officer shall forfeit his office.
It shall be the duty of all commissions and boards to meet any time upon the request of the Mayor or if the Common Council shall so require by resolution, and all boards and commissions shall carry out and execute the provisions of any resolution adopted by the Common Council requiring or requesting the performance of any duty imposed upon such board or commission by the provisions of this Act, or if, in the judgment of a majority of the Common Council, such board or commission be required to do, perform or carry out any lawful act not specially provided by this Act. Any neglect, failure or refusal of such board or commission to comply with the provisions of any such resolution within a reasonable time shall be deemed misconduct in office and render the members of such board or commission so neglecting failing or refusing, liable to removal from office in the manner provided for the removal of city officers in Section 24 of this Act.