Each elected officer and each appointed officer of the city
shall, before he enters upon the duties of his office, take and file
the constitutional oath of office. The said officer must take and
file said oath not later than the first day of the term of office,
if elective, or the first day on which appointment takes effect, if
an appointive office, and if he fails to do so, the Common Council
may declare the office vacant, to be filled as provided in Section
2.10 of this charter.
3.4.1 Those elected or appointed persons as the Common Council
may determine shall, before entering upon the duties of their respective
offices, execute and file an official bond in accordance with the
laws of the State of New York and the resolutions of the Common Council.
The amount of the bond shall be determined by the Common Council,
which may also require such additional security as it may deem proper. [Amended 7-20-2000 by L.L. No. 5-2000]
3.4.2 Each such bond shall be approved by the Common Council
and, when a surety is required, the cost thereof shall be a charge
against the city. All bonds shall be properly endorsed and filed in
the office of the City Clerk.
3.6.1 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
the city, or to contract any debts or liabilities against the city
unless authorized so to do by this charter or by general law. Any
account, claim or demand of any kind shall not be allowed or paid
unless so authorized. No officer of the city authorized to make or
take part in making any contract in his official capacity shall become
interested in said contract. But any officer serving without salary
as a member of an administrative board, commission or other agency
of the city shall not be prohibited from entering into any contract,
lease, concession or other agreement with such city which does not
relate to the administrative board, commission or other agency of
the city with which such officer serves.
3.6.2 Any person who violates the provisions of paragraph 1
of this section, or who uses or applies any property of the city contrary
to the provisions of this charter or general law, shall be deemed
guilty of a felony or an indictable misdemeanor, and forfeit his office,
and he shall also be personally liable to any person injured for such
debt or property or thing of value thus misapplied, or for any damage
that may accrue to said city.
3.8.1 All contracts for public works and all purchase contracts
shall be awarded in conformity with the General Municipal Law.
3.8.2 The successful bidder on any such contract shall execute
and deliver to the city a bond, in a form approved by the City Attorney,
for the faithful performance of his contract. No bid shall be accepted
from, or contract awarded to, any person who is then as principal
or surety in default to the city upon debt, contract or obligation.
The Mayor, City Clerk, City Judge and each Commissioner of Deeds
shall have the same power and authority to administer oaths and take
and certify affidavits and acknowledgments as a justice of the peace
of the towns of the County of Warren.
3.12.1 The Mayor shall be the Chief Executive Officer of the city and the head of the administrative branch of the city government, and shall have and exercise all the powers conferred upon him by this charter and by the general statutes of this state not inconsistent with this charter. He shall have an office in the City Hall. He shall be the presiding officer of the Common Council. It shall be his duty to communicate to the Common Council as soon after his election as practicable, also within 10 days after the expiration of the fiscal year, 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 improvements, with such recommendations as he may deem proper. As budget officer, he shall prepare the annual budget under the provisions of Article XI of this charter. He shall sign on behalf of the city all contracts made by it, and cause the seal of the city to be affixed thereto. He shall also appoint all officers and employees for whose appointment provision is not otherwise specifically made in this charter or by law.
3.12.2 It shall be his duty to see that the laws of the state
and the ordinances, regulations and bylaws of the city are faithfully
executed and enforced within the city. 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 command 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 the laws of the State of New York.
3.12.3 It shall be his duty to exercise supervision over the
conduct of all city officers and employees, and he shall have the
power and authority to examine at all time the books, vouchers and
papers of any officer, or employee, or department of the city, and
as often as he may deem proper to appoint one or more certified public
accountants to examine, without notice, the accounts of any city officer
or department, and the money, securities and property belonging to
the city in the possession or charge of any officer or department,
and to report the results of such examination to the Mayor. He shall
also receive and examine into all complaints made against any city
officer or employee for neglect of duty, malfeasance or misfeasance
in office. He may administer oaths to witnesses and take affidavits
in all cases relating to the affairs of the city and its officers
and employees, and he may issue a subpoena commanding a person to
appear and produce books and papers in his possession. His subpoena
thereto shall have the force and effect of a subpoena to testify issued
out of the Supreme Court.
3.12.4 He shall, upon charges being preferred, have power to
suspend any appointive officer, official or employee from service
until the Common Council, officer or board having jurisdiction therein,
shall convene and take action in the matter, providing however, that
such person shall not remain suspended for a period longer than 15
days, without an opportunity of being heard in his defense. The provisions
of this section shall also apply to such other officers as may be
given similar powers under this chapter.
3.12.5 He shall be ex-officio member of all the boards and commissions
created by this chapter, and, unless otherwise specifically provided,
Chairman of the same. In case of a tie in any of such boards or commissions,
he shall be entitled to a vote therein.
3.14.1 Fiscal Officer. The City Controller shall perform those
duties historically performed by the City Treasurer before the effective
date of Local Law Number 5 of 2000 of the City of Glens Falls and
execute those duties traditionally performed by one who is the chief
fiscal officer of a city and shall perform such duties incident to
the office of a treasurer or one serving as the chief fiscal officer
of a municipality as may be prescribed by law, or as the Council shall
direct. He shall, with respect to an official bond, comply with the
requirements of Section 3.4 of this charter. He shall keep suitable
records of all money received. He shall keep a uniform system of accounts.
At the expiration of each month, he shall have his accounts prepared
for inspection by the Mayor and appropriate committee of the Common
Council. He shall retain in his office the tax rolls.
3.14.2 Custody of money and documents. The City Controller shall
be the custodian of all securities, obligations and other evidences
of debt belonging to or owed by said city. At the expiration of his
service as City Controller, he shall pay to his successor all records
and property belonging to the city, or appertaining to its affairs,
or in his possession in connection with his duties.
3.14.3 Deposits. He shall deposit, within one banking day after
receipt thereof, in the name of the city, in a bank or trust company
designated by the Common Council, all moneys received by him. But
no deposit shall be made in any financial institution until it has
executed to the city an undertaking with sufficient sureties or an
undertaking accompanied by the deposit of securities with assignment
in accordance with the provisions of Article 2, General City Law.
The amount to be deposited in each such depositary shall not exceed
the amount of the undertaking or deposit of securities by such depositary.
3.14.4 Reports. He shall, at the first meeting of the Common
Council in each month, file with the City Clerk a report in such form
as the Common Council shall prescribe. Within 60 days after the close
of the fiscal year, he shall submit to the Common Council a certified
copy of the report which he is required to submit annually to the
State Comptroller.
3.14.5 Deputy City Controller. The Mayor with the approval of
the Common Council shall have power to appoint a Deputy City Controller,
who shall possess such powers and perform such duties as may be delegated
to him by the City Controller, not inconsistent with law or the provisions
of this charter. Upon the occurrence of a vacancy in the office of
City Controller, the Deputy Controller shall posses all powers and
perform all duties of the City Controller until the appointment of
a City Controller.
3.14.6 Rights, Obligations and Duties of the City Controller. Each and every reference in the Charter of the City of Glens Falls and/or in the Code of the City of Glens Falls to "City Treasurer," "Treasurer" and/or "Chamberlain" shall after the effective date of Local Law No. 5 of 2000 be construed as a reference to the "City Controller," such sections and provisions including, but not limited to, the following sections and provisions of the charter of the City of Glens Falls: §§ 2.2.1; 2.2.2; 2.8.1; 2.8.5; 3.4.1; 3.14.1; 3.14.2; 3.14.5; 4.12.2; 5.9.1; 6.26.6(d); 6.46.2; 6.72.1; 6.72.2; 6.80; 6.84; 10.12; 10.18.3; 11.12.1; 11.12.2; 11.12.8; 12.16; 12.18.2; 12.20.1; 12.20.2; 12.20.3; 12.22.1; 12.22.2; 12.24.1; 12.24.2; 12.24.3; 12.28.1; 12.28.3; 12.30; 12.34.1; 12.34.2; 12.36; 12.41(c); 13.4; and 13.8 and the following sections and provisions of the Code of the City of Glens Falls: 38-3; 158-4; Chapter 196 and 177-49(a). Without limiting any grant contained in this Local Law No. 5 of 2000, the City Controller shall assume all functions and duties of the City Treasurer and/or Chamberlain as set forth in the Charter of the City of Glens Falls and/or the Code of the City of Glens Falls and shall receive and remit all sums which are to be received and remitted pursuant to the terms and provisions of the Charter of the City of Glens Falls and the Code of the City of Glens Falls. [Added 7-20-2000 by L.L. No. 5-2000]
3.14.7 Definition of "City Controller" "City Controller" shall
mean and include that individual holding the position of City Controller
as established by Resolution No. 158 of 1999 of the Common Council
of the City of Glens Falls. [Added 7-20-2000 by L.L. No. 5-2000]
[1]
Editor's Note: This local law was subject to a mandatory referendum
and was approved by the electors at the general election held 11-7-2000.
3.16.1 General. The City Clerk shall be ex-officio Clerk of
the Common Council, and of the several boards and commissions of the
city unless otherwise provided by law or by this charter; and he shall
be the registrar of vital statistics of the city. He shall perform
such other duties as may be prescribed by law and ordinances. He shall
keep the minutes of the Common Council, and of each board of which
he is the ex-officio Clerk, and shall record and index, in books to
be kept for that purpose, all proceedings of the Council and such
boards. He shall transmit to the head of each department and board
copies of all ordinances in any manner affecting any of the matters
of which any such department or board shall have jurisdiction.
3.16.2 Seal and books. He shall have charge, custody and control
of the corporate seal, books, papers, documents and official minutes
of the city, except as otherwise provided by this charter or by law.
He shall keep a book, alphabetically indexed, and record therein all
bonds of the city officials as well as all contracts or other bonds
pertaining to the city or any of its officers, and he shall enter
therein the date of filing each bond. He shall keep a ledger of all
actions against the city in accordance with the provisions of law;
and such other books and records as may be required by law.
3.16.3 Fees. He shall, upon request and payment of fees therefor,
make certified copies of all records and documents in his possession
or under his control, and may affix the corporate seal of the city
to any such certificate, said seal of the city to be his official
seal; and any such certified copy shall be evidence as provided in
the Civil Practice Act. He shall be entitled to demand and receive
fees from each person other than a city officer for such certified
copy at a rate to be determined by the Common Council, except that
where state law does not provide to the contrary, the minimum fee
shall be $1. He shall not demand or receive fees for copies of birth,
death or marriage certificates in any instance where the applicant
is by law exempted from the payment of a fee.
3.16.4 Accounts of moneys. He shall report monthly to the Common
Council on the moneys received, with a duplicate copy to the City
Treasurer, to whom he shall pay all such moneys as belong to the city.
3.16.5 Deputy. The Mayor shall have power to appoint a Deputy
City Clerk, who shall possess the powers of the City Clerk as specified
herein, at a compensation to be fixed by the Common Council.
3.16.6 Commissioners of Deeds: The City Clerk and Deputy City
Clerk shall be ex-officio Commissioners of Deeds.
3.18.1 The Superintendent of Public Works shall have the supervision
and direction of all the public works of the city, except those under
the control of the Water Commission.
3.18.2 He shall be responsible directly to the Mayor in the
execution of his duties. He shall take orders solely from the Mayor,
and shall render to him such reports as the Mayor shall direct.
It shall be the duty of each Councilman to attend the regular
and special meetings of the Common Council, to act upon committees
when thereunto appointed by the Mayor, 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, and to report to the Mayor all officers and employees
who are guilty of any official misconduct or neglect of duty; to aid
in maintaining peace and good order or assist in performing all such
duties as are ordered by this charter, enjoined upon the Councilmen
of said city separately or upon the Common Council thereof.
The powers and duties of all other city officers shall be such
as are prescribed under this charter or fixed by the Common Council.
3.24.1 Charges against any appointive city officer or employee
may be disability for service in which case the examination shall
be one of inquiry, and the decision may be for honorable discharge
from service; or of neglect, of violation of law or duty, inefficiency,
intemperance, disobedience of rules, regulations or orders of the
Common Council, or of any superior officer, commission or board, having
jurisdiction therein, or unbecoming official or personal conduct,
in which case the examination shall be administrative hearing, and
the offender may be punished by reprimand, fine, suspension or removal.
And the official, officer or board given the appointment of any official,
officer or employee of the city, shall have the power to remove such
official, officer or employee from office for cause shown, after giving
him a copy of the charges against him, and an opportunity to be heard
in his defense.
3.24.2 The pay or salary of any person suspended by the Mayor
or other officers, as provided in Section 3.12.4, shall cease from
the time of his suspension until his case is finally acted upon. In
case of his restoration to service after due hearing, he shall be
entitled to all arrearages of salary or wages during the period of
suspension, unless otherwise ordered by the official, officer or board
conducting the hearing, in a written decision which shall be duly
filed with the City Clerk.
