The Mayor may appoint an administrator for an
indefinite term within any appropriation therefor. Such administrator
shall have at least three years' experience in governmental administration
or equivalent experience. He need not be a resident of the city or
state at the time of his appointment but must reside within the city
while serving as administrator. He shall exercise the administrative
powers of the Mayor in such manner and at such times as he is directed
by the Mayor.
The Councilman at Large shall act as Mayor during
the absence or disability of the Mayor. If the Mayor and the Councilman
at Large are both absent or unable to perform the duties of the office,
the Common Council shall appoint one of their number to act as Mayor.
All legislative powers of the city shall be
vested in the Common Council, except as otherwise provided by this
Charter or by law.
The Common Council shall be the judge of the
qualifications of its members and of any facts constituting grounds
for forfeiture of their office and for that purpose shall have power
to subpoena witnesses, administer oaths and require the production
of evidence. A member charged with conduct constituting grounds for
forfeiture of his office shall been entitled to a public hearing on
demand and may appear in person and cross-examine witnesses. Written
notice of such hearing shall be filed with the City Clerk and published
in the official newspaper of the city at least one (1) week in advance
of the hearing.
The Common Council may make investigations into
the affairs of the city and the conduct of any city department, agency,
or office and for this purpose may subpoena witnesses, administer
oaths, take testimony and require the production of evidence. Any
person who fails or refuses to obey such a lawful order issued in
the exercise of these powers will be subject to enforcement of such
powers as provided by law.
The Common Council shall provide for one exclusive
independent annual audit of all city accounts, including the Water
Department, and may provide for more frequent audits as it deems necessary.
Such audits shall be made by a certified public accountant or firm
of such accountants. No department of the city shall separately engage
auditors for any separate audit of its accounts.
The Common Council shall designate a newspaper
published or having a general circulation in the city to be the official
newspaper of the city.
Every proposed ordinance or local law shall
be introduced in writing by a member of the Common Council. An ordinance
or local law may be introduced by a Councilman at any regular or special
meeting of the Common Council. The Common Council shall fix a time
and place for a public hearing thereon and the City Clerk shall publish
a notice of such hearing, setting out the time and place and describing
in summary form the content of such proposed ordinance or local law
at least five (5) days before the date set for such hearing, in the
official newspaper of the city. After the hearing, the Common Council
may adopt the ordinance or local law with or without changes, additions
to, or deletions from the proposed ordinance or local law. If such
changes, deletions or additions to an ordinance or law on which a
public hearing has been had are substantial, as determined by the
Common Council, it shall require a further public hearing. No such
ordinance or local law shall be passed until it shall have been in
its final form and either upon the desks or table of the members of
the Common Council at least seven days, exclusive of Sunday, prior
to its final passage, or properly mailed to them at least ten calendar
days, exclusive of Sunday, prior to its final passage unless the Mayor
shall have certified as to the necessity for its immediate passage
and such ordinance or local law be passed by the affirmative vote
of two-thirds of the total voting power of the Common Council. The
Common Council may adopt any standard code of technical regulations
by reference thereto in an adopting ordinance or local law. The procedure
and requirements governing an adopting ordinance or local law incorporating
a standard code by reference shall be the same as prescribed for ordinances
and local laws generally, except that (1) it shall not be necessary
to publish a copy of such code or to describe the content of such
code in the notice of hearing or notice of adoption, and (2) a copy
of each adopted standard code of technical regulations as well as
of the adopting ordinance shall be authenticated and filed by the
City Clerk in the City Clerks office. Copies of any such adopted code
shall be made available by the City Clerk for distribution. All ordinances
or local laws shall be subject to approval by the Mayor
before being deemed adopted by the city, provided that if the Mayor
shall fail to approve or veto any ordinance or local law within thirty
(30) days following its enactment by the Common Council, such ordinance
or local law shall be deemed to have been approved by the Mayor, and
provided further that if the Mayor within such thirty-day period shall
veto such ordinance or local law, the Common Council at any meeting
within sixty (60) days following such veto may override the veto of
the Mayor by a two-thirds affirmative vote of total membership of
the Common Council. Within ten (10) days after adoption by the Common
Council of an ordinance or local law, the Clerk shall cause a notice
of the adoption of such ordinance or local law published describing
the content of the ordinance or local law in summary form. Every adopted
ordinance or local law shall become effective upon proper filing and
immediately with regard to any person upon whom a copy thereof is
served, together with a certificate of the Clerk, and shall become
effective ten (10) days after the publication of notice of adoption
with regard to all other persons. All local laws shall be adopted
as provided by the Municipal Home Rule Law.
All public works contracts shall be awarded
by the Common Council subject to the provisions of the General Municipal
Law.
All bond resolutions adopted by the Common Council
shall be subject to the provisions of the Local Finance Law and any
other state law applicable to such resolutions and may require a permissive
or mandatory referendum as said law or laws require. The Common Council
may, pursuant to law, submit a bond resolution to a referendum on
its own motion.