[Amended 8-24-2021 by L.L. No. 1-2021]
The officers of the City shall be a Mayor, two
Judges of the City Court of Cohoes, a Comptroller, a Treasurer, a
City Clerk, a Corporation Counsel, a City Engineer, an Assessor, a
Council member for each ward, a Commissioner of Public Works, a Director
of Human Services, a Director of the Department of Community and Economic
Development, a Commissioner of Building and Planning, a Planner, a
Director of Code Enforcement, two City Marshals, a Police Chief, a
Fire Chief, three Civil Service Commissioners, any Deputies serving
under the enumerated officers, and so many Commissioners of Deeds
as the Common Council deems necessary. Other officers may be appointed
as provided in this Charter or otherwise by law.
There shall be elected by the qualified electors
of the City a Mayor. There shall be elected by the qualified electors
of each ward of the City a Council member. There shall also be elected
by the qualified electors of the City and the wards thereof such other
officers as may be provided by law.
[Amended 8-24-2021 by L.L. No. 1-2021]
There shall be appointed by the Mayor one Assessor,
a Corporation Counsel, a City Engineer, a Comptroller, a Treasurer,
two Judges of the City Court of Cohoes, a Commissioner of Building
and Planning, a Commissioner of Public Works, a Director of Human
Services, a Director of the Department of Community and Economic Development,
a Planner, a Director of Code Enforcement, two City Marshals, a Police
Chief, a Fire Chief, three Civil Service Commissioners, and any Deputies
serving under the enumerated appointive officers. There shall be appointed
by the Common Council a City Clerk and such Commissioners of Deeds
as provided by law. Other officers may be appointed as provided in
this Charter or otherwise by law.
[Amended 8-24-2021 by L.L. No. 1-2021]
Every person elected to office must be a resident
of the City. A person elected to the Common Council must be a resident
of the ward from which that person is elected. If an elected officer
ceases to be a resident of the City, or of the ward if such restriction
applies, then that elected office shall be considered vacant. Appointed
officers may have residency without the City; however, where qualifications
are equal, a candidate who is a resident of Cohoes shall be given
preference over a candidate that is not. Appointed officers who are
residents outside of the City must be residents of the County of Albany
or a county contiguous to the County of Albany.
The term of office of an elective officer, unless
elected to fill a vacancy then existing, shall commence on the first
day of January next succeeding his/her election. The elective officers,
except as hereinafter provided, shall hold their respective offices
until the term of office shall expire, and the term of every officer
shall expire four years thereafter, at the end of an odd-numbered
year.
[Amended 8-24-2021 by L.L. No. 1-2021]
The term of office of each appointive officer
shall commence on the day succeeding the officer's appointment unless
a different date is specified in the certificate of appointment. Where
the term of office of an appointive officer is not specifically fixed
by statute, it shall be deemed to continue only during the pleasure
of the officer, officers, board or body authorized to make the appointment.
All Commissioners of Deeds shall be appointed to a two-year term,
to uniformly expire on December 31 of the next even-numbered year.
[Amended 8-24-2021 by L.L. No. 1-2021]
Every appointment to a City office must be made
by a certificate, in writing, signed by the appointing officer or,
if made by a board, by the presiding officer thereof, and filed in
the office of the City Clerk. Such certificate shall be accompanied
by a statement signed by the appointing officer or, if made by a board,
by the presiding officer thereof, setting forth the qualifications
of the person so appointed.
[Amended 8-24-2021 by L.L. No. 1-2021]
Before entering upon the officer's duties, any
officer must take and file with the City Clerk the constitutional
oath of office, except the City Clerk's oath of office shall be taken
and filed with the office with the Mayor.
[Amended 8-24-2021 by L.L. No. 1-2021]
A.
No person
shall, at the same time, hold more than one City office. Upon the
acceptance by a City officer of a second City office, the office first
held by the officer shall thereupon become vacant. No member of the
Common Council or other officer or employee of the City or person
receiving a salary or compensation from funds appropriated by the
City shall be interested directly or indirectly in any contract to
which the City is a party, either as principal, surety or otherwise;
nor shall any such member of the Common Council, City officer or employee
or person receiving a salary or compensation from funds appropriated
by the City or the partner or any agent, servant or employee of such
officer, employees or person or of the firm of which they are a partner
purchase from or sell to the City or any officer thereof; nor shall
they be interested, directly or indirectly, in any work to be performed
for or services rendered to or for it or in any sale to or from said
City or to any officer, board or person in its behalf. Any contract
made in violation of any of these provisions shall be void. A person
shall not be deemed to be "interested" in a contract purchase or sale
made by a corporation with, from or to the City solely by reason of
the fact that such person is a stockholder of such corporation.
B.
The term
"City officer" as used herein, however, shall not be deemed to include
a Commissioner of Deeds or a member of the Board of Appeals appointed
by the Mayor pursuant to the provisions of any local law or ordinance
of the City of Cohoes and § 81 of General City Law, and all amendments
and supplements thereto.
[Amended 5-26-2015 by L.L. No. 5-2015]
There shall be a Board of Managers, which shall consist of the
Mayor, Comptroller, Treasurer, Commissioner of Public Works and President
of the Common Council or the President of the Common Council's designee
within the members of the Common Council, except that, when the number
of subordinates or the salaries thereof in the department of any of
the members of said Board are to be fixed and determined, the Corporation
Counsel shall temporarily take the place of the member whose number
of subordinates or the salaries thereof is under consideration, for
the purpose of fixing such salaries or number of subordinates and
for that purpose alone. During the regular course of business, the
Corporation Counsel shall serve as a nonvoting member. The members
of the Board shall meet upon the call of the Mayor or as directed
by the Board. The Mayor shall be President of the Board and the City
Clerk shall act as Secretary thereof. The Secretary shall keep a journal
of all of the proceedings of the Board.
The election of City officers shall be held
on the Tuesday succeeding the first Monday in November in an odd-numbered
year and the term of every such officer shall expire four years thereafter,
at the end of an odd-numbered year. All such elections shall be held
at the same time and places as the general election held in such year
and shall be conducted in all respects in the same manner as general
elections in cities are required to be conducted, and all the provisions
of law relative to such elections shall be applicable to the election
for offices of the City. In case of the failure to elect an elective
City officer, except as otherwise provided herein, the office shall
be deemed to be vacant for the purpose of choosing a successor, and
the vacancy shall be filled in the manner provided herein for the
filling of a vacancy in such office happening otherwise than by expiration
of term.
[Amended 8-24-2021 by L.L. No. 1-2021]
Resignations of elective officers must be presented
to the Mayor, and resignations of all other officers must be presented
to the appointing board or officer, and such resignations must thereupon
be filed in the office of the City Clerk. A resignation of the Mayor
must be presented to the Common Council President and thereupon be
filed in the office of the City Clerk.
If a vacancy shall occur, otherwise than by
expiration of term, in any elective office of the City, the Common
Council shall appoint a person to fill such vacancy until the end
of the official year in which said vacancy occurs, except as herein
otherwise provided. If the term of office of the officer vacating
his/her office continues beyond the official year in which such vacancy
occurs, a person shall be elected at the next annual City election
after the occurring of such vacancy to fill such vacancy for the remainder
of the unexpired term, except as herein otherwise provided or by state
law. If a vacancy shall occur in an appointive office of the City,
otherwise than by expiration of term, the officer, officers, board
or body authorized to make appointment to office for the full term
shall appoint a person to fill such vacancy for the unexpired term.
[Amended 8-24-2021 by L.L. No. 1-2021]
A.
Each of the elected City officers named in this Charter shall, during
such officer's continuance in office, receive a compensation, to be
fixed by law, which shall not be increased or diminished during the
term for which the City Officer shall have been elected or appointed
to fill a vacancy in an elected office.
B.
The annual salary of appointed officials shall be recommended by
the Board of Managers, but no such salary nor any increase and/or
decrease shall take effect until the Common Council shall have approved
the same.
