City of North Tonawanda, NY DIVISION 1 GENERALLY

Sec. 3.001 Qualification of officers.

Every person elected or appointed as an officer of the city under this charter shall, in addition to other qualifications provided for in this charter or in state law, be an elector in, and a resident of, the city. The elector and residency qualifications for appointed officers may be waived by council resolution when it is not possible to find qualified candidates who meet the residency and elector requirements.

Sec. 3.002 Departments and department heads.

(a) The following departments may be created in city government:

(1) Public works department

(2) Fire department.

(3) Police department.

(4) Such other departments as are deemed necessary.

(b) Existing departments are ratified until altered as provided in this charter.

(c) Departments may be created or abolished by ordinance or local law consistent with the Civil Service Law. The functions of departments shall be as provided by ordinance or local law.

(d) Department heads are officers of the city. Department heads may promulgate rules for the operation and governance of their departments consistent with city policy and state and federal laws. Department heads are subject to the direction and control of the mayor or the designee thereof.

(e) Department heads shall appoint, manage and terminate department personnel in a manner consistent with the Civil Service Law.

(f) Department personnel are subject to the direction and control of the department head and the mayor or the mayor's designee.

Sec. 3.003 Increases in compensation after approval of budget.

The provisions of section 25 of the General City Law do not apply to the city; provided, however, that no increase in compensation shall be granted when funds are not available for same.

Sec. 3.004 Suspension and removal of officers.

(a) The city clerk-treasurer is subject to removal or suspension by the mayor in accordance with the provisions of this section. All appointed officers are subject to removal or suspension by the appointing authority in accordance with the provisions of this section.

(b) The city clerk-treasurer and all appointed city officers may be removed from office for incompetency, misconduct in office or neglect of duty. No such person shall be removed from office until the person has received a written notice of the charges against the person and the person has had an opportunity to be heard either in person or by counsel.

(c) Persons against who[1] charges have been filed pursuant to this section may be suspended pending resolution of the charges if the same is in the best interest of the city, provided that a copy of the charges must be served upon the person being suspended within 48 hours after the suspension.

[1] *So in original.

Sec. 3.005 — 3.020. Reserved.