The City shall have such appointed officers, who shall serve
such terms as may be provided by the Charter, required by law or established
or authorized by the Common Council.
A.
City elections shall be held in each odd-numbered year, in accordance
with and in the manner now or hereafter provided in the State Election
Law.
B.
No person shall take the oath of office for Mayor, Councilperson,
City Judge or Constable until the City Clerk shall have certified
that such person has complied with the provisions of the New York
State Election Law governing the reporting of campaign receipts, expenditures
and contributions for any election in which such person was a candidate
for City office.
Every appointment to a City office shall be made by a certificate
in writing signed by the appointing officer or, if made by a board,
by the presiding officer thereof and shall be filed in the office
of the Director of Administration and Finance and in the office of
the City Clerk.
A.
Every officer, before beginning their official duties, shall file
with the City Clerk the constitutional oath of office and, if required
by the Administrative Code[1] or ordinance of Council, an official bond in the amount
required by the code or such ordinance, approved by the Mayor as to
the sufficiency of the sureties and by the Corporation Counsel as
to its form and validity.
B.
In case any officer willfully fails to file oath of office or, if
required, an official bond within 15 days after the commencement of
such officer's term of office if an elected office, or if an appointed
office within 15 days after beginning required duties, the office
of such officer is deemed vacant, and the vacancy must be filled as
herein provided.
C.
The premiums for all such bonds shall be paid by the City.
D.
If the City, as a general practice, obtains the bonds for officers
and employees, failure by the City to obtain the bond shall not result
in a vacancy unless the officer or employee is not bondable.
Resignations of elected officers shall be made in writing and
presented to the City Clerk; and of all other officers, to the appointing
officer or board. The officer or board to whom the resignation of
an appointed officer is presented shall thereafter file the same in
the office of the Director of Administration and Finance
Any appointive officer may be removed pursuant to the provisions
of the Administrative Code.[1]
A.
The offices of Mayor, Councilperson or other officer shall become
vacant upon the officeholder's death, resignation, removal from office
in any manner authorized by applicable law or forfeiture of their
office.
B.
A Mayor, Councilperson or other officer shall forfeit the office
held if such officer lacks at any time during the term of office any
qualifications for the office prescribed by this Charter or by law,
or is convicted of a violation of any express prohibition of this
Charter.
C.
Filling of vacancies of elected officers. A vacancy of an elected
office shall be filled by appointment by a majority of the Councilpersons
within 30 days of such vacancy, and the appointee shall serve until
the next general election, unless a special election can be held at
least 120 days before the next general election, at which election
such office shall be filled for the unexpired term. Any person appointed
to fill a vacancy shall be a member of the same political party as
the person who vacated the office. Any successor who shall be so appointed
or elected shall possess all the qualifications required of the office
as set forth in this Charter.
Unless otherwise provided in this Charter or the Administrative
Code,[1] no elected or appointed officer or employee shall hold
more than one public office or position at the same time except for
honorary or ex officio appointments to boards and commissions, with
no compensation or in a temporary or acting capacity, receiving compensation
for only one public office or position. This is not intended to preclude
appointments to joint City-County positions.
Members of the various boards and commissions shall be resident
electors of the City of Cortland.
