The legislative power of the City shall be exercised by the
Council, which shall have all powers of legislation conferred herein
or by the laws of the State of New York.
(A)
The Council shall consist of nine Council members of whom one shall
be elected from each of the City's six wards and three from the
City at large. Members of the Council shall be qualified electors
of the City, and, in the case of ward Council members, of the ward
from which they are elected.
(B)
A Council member's office
shall be vacant upon the happening of one of the following events,
before the expiration of the term thereof:
(1)
His or her death.
(2)
His or her resignation.
(3)
His or her removal from office.
(4)
His or her ceasing to be a resident of the City, or, if a member
of Council from a ward, of the ward represented.
(5)
His or her conviction of a crime.
(6)
The entry of a judgment or order of a court of competent jurisdiction
declaring him or her to be insane or incompetent.
(7)
The judgment of a court declaring void his or her election or appointment,
or a judgment declaring that his or her office is forfeited or vacant.
(8)
His or her refusal or neglect to file his or her official oath or
undertaking before or within 30 days after the commencement of his
or her term of office.
(10)
A violation of his or her oath of office.
Council members shall be elected at the general election every
four years each to serve for a term of four years. The term of office
of each Council member shall commence on the first day of January
next following his or her election. He or she may be inaugurated by
filing an oath of office within 72 hours prior to January 1. Vacancies
in the office of Council member shall be filled by election for the
remainder of the unexpired term at the next general election occurring
not less than 60 days after the occurrence of the vacancy. Such election
to fill a vacancy where it occurs after the last day to file nominating
petitions for the primary election shall be filled upon nominations
made in the manner provided by law for the filling of vacancies in
primary nominations occurring after the primary election. Pending
such election and qualification of a Council member to fill a vacancy,
Council shall fill the vacancy temporarily by appointment of a qualified
person who shall be of the same political affiliation as the Council
member whose place has become vacant and, if he or she was a ward
Council member, a resident of the same ward.
In the event that Council shall fail to appoint within 30 days
after the vacancy, such appointment must be made by the Council President.
This appointment must be made within 10 days under the same conditions
as to political affiliation and residency noted in the paragraph above.
Council members shall receive compensation with the Council
President receiving 40% above the rate for the other Council members.
Compensation shall be computed and paid on the fiscal year on a quarterly
basis. In addition thereto, Council members may be reimbursed for
actual expenses incurred in the performance of their official duties.
The Council shall be a continuing body and no measure pending
before it shall abate or be discontinued by reason of expiration of
the term of office or removal of the members thereof.
The Council shall organize biennially at a meeting to be scheduled
prior to the first regularly scheduled Council meeting in the January
following each regular election of Council members. The Council shall
adopt rules governing its procedure, the conduct of its meetings and
the discipline of its members. Council shall appoint someone other
than Council President as Parliamentarian and adopt rules governing
its members.
The Council shall at each organizational meeting by a vote of
a majority of its whole number select from among the Council members
elected at large, a Council member who shall be known as the President
of the Council, who shall serve until the selection of his or her
successor. He or she shall be the ceremonial head of the City government
and shall preside at all meetings of the Council. He or she shall
sign all contracts, bonds, deeds, obligations and agreements on behalf
of the City. In the event the President of the Council permanently
leaves Council or is permanently removed from office with more than
60 days before the next organization meeting, Council must reorganize.
The Council shall also select from among its members a President Pro
Tempore of the Council who shall act in place of the President of
the Council in the event of the President's temporary absence
or disability to perform the duties of the office.
(A)
Regular meetings. The regular meetings of the City Council shall
be held at a place and time set by City Council.
(B)
Special meetings. Special meetings may be called by the President
of the Council or by any three members of Council at any time by delivering
written notice to the residence of each member of Council or by personally
phoning each member of Council at least 12 hours before the time of
the meeting. In the event that a Council member is not contacted by
either method, a written notice shall be affixed to the door of the
residence of the Council member at least 12 hours before the time
of the meeting. The call of the special meeting shall set forth the
purpose of the meeting and no other business shall be transacted.
Six members of the Council shall constitute a quorum to do business.
The affirmative vote of at least five members shall be necessary to
adopt any local law or ordinance, resolution or order. No member shall
be excused from voting except on matters involving the consideration
of his or her own official conduct or where his or her financial interests
are involved.
Any members of Council not attending four consecutive regular
meetings, and who in the judgment of the Council fail to show reasonable
cause for such absences, may be removed from office by a resolution
adopted by a majority of the whole Council. This resolution may only
be offered after a public hearing on the question.
Any officer of the City of Batavia, including, but not limited
to, any Council member, may be removed from office by the Supreme
Court for any misconduct, maladministration, malfeasance or malversation
in office. An application for such removal may be made by any citizen
resident of the City of Batavia or by the Genesee County District
Attorney. An application for removal shall be made to the Appellate
Division of the Supreme Court, 4th Judicial Department, or such other
court of competent jurisdiction. Such application shall be made upon
notice to such officer or Council member of not less than eight days,
and a copy of the charges upon which the application will be made
must be served with such notice.
In the exercise of its legislative power, the Council shall,
subject to any restriction herein contained or contained in any state
or federal law, adopt, amend or repeal local laws, ordinances or resolutions
to:
(A)
Organize and regulate the property, affairs and government of the
City, and to establish, alter, and abolish offices, positions and
employments and define the functions, powers, and duties thereof,
and to fix the term, tenure and compensation thereof.
(B)
Exercise the local police power for the good rule and government
of the City; for the order, protection and government of persons and
property; for the preservation of the public health, comfort, peace
and prosperity of the City and its inhabitants; and to effectuate
the purposes and provisions of this Charter or of the other laws relating
to the City.
(C)
Construct, acquire, operate or maintain any and all properties, public
improvements, projects, or enterprises, for any public purpose, subject
to referendum requirements otherwise imposed by law.
(D)
Provide for the exercise of all powers of local government vested
in the City by Charter or otherwise.
(E)
Provide for the enforcement of ordinance and local laws by legal
or equitable proceedings, prescribe that violations thereof shall
constitute offenses, and provide for the punishment of such violations
by civil penalty, fine, forfeiture or imprisonment, or by two or more
punishments. Any enumeration of powers in this Charter shall not be
held to limit the legislative power of the Council except as otherwise
specifically provided herein.
(F)
Provide insurance protection for the property of the City and for
the officers and employees of the City while in their official capacity
or employment, in the discretion of the Council, or as may be required
by law or contract.
The Council shall act in relation to legislative matters by
local law or ordinance. The enacting clause of all local laws and
ordinances shall be: "be it enacted by the Council of the City of
Batavia as follows."
(A)
All ordinances for any purpose and all resolutions involving the
expenditure of money shall be introduced in the Council only in typewritten
or printed form. Copies thereof shall be made available to the public,
upon request, immediately following introduction. No ordinance shall
be passed at the same meeting at which it is introduced, except upon
the unanimous consent of all the members of the Council. The final
reading of each ordinance shall be in full unless a copy thereof shall
have been furnished to each member of the Council prior to such reading.
Ordinances shall be confined to one subject, and such subject shall
be clearly expressed in the title. In case of codification of ordinances,
however, a general codification shall be deemed to embrace one subject
and may include revisions, deletions and new material without limitation.
The yeas and nays shall be taken upon the passage of all ordinances
and resolutions and entered upon the journal of the proceedings of
the Council.
(B)
An ordinance levying a tax or making an appropriation relating to
local improvements or assessments or directing an investigation of
City affairs shall take effect at such time as it may provide; all
other ordinances shall take effect not less than 30 days after the
date of passage unless the Council shall by resolution adopted by
a vote of seven Council members declare an emergency requiring the
ordinance to take effect within such time.
(C)
To meet a public emergency affecting life, health, property or the public peace, the Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided in § 16-10. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least seven members shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance, except one made pursuant to § 16-10, shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
All local laws shall be introduced, considered and enacted in
accordance with the procedure prescribed by the Municipal Home Rule
Law. Notice of public hearing on local laws shall be given by publication
in one or more newspapers, including the official newspaper, at least
three days prior to such hearing.
A local law shall be submitted for the approval of the electors
at the next general election held not less than 60 days after the
adoption thereof, and shall become operative according to its terms
only upon the approval of a majority of those voting thereon at such
election, if such local law:
(A)
Abolished or changes the form or composition of the Council, or the
vote to which any member of the Council is entitled, or delegates
or transfers any appointive or legislative power of the Council.
(B)
Abolishes, transfers or curtails the authority of any department
head created by Charter, or creates a new elective office.
(C)
Changes the manner of appointment or removal, or the tenure of office
of the Manager, or abolishes, transfers or modifies the functions,
powers or duties of the Manager.
(D)
Changes a provision of law relating to public utility franchises.
(E)
Reduces the salary or compensation of a City officer or employee,
increases his or her hours of employment or changes his or her working
conditions if such salary, compensation, hours or conditions have
been fixed by state statute and approved by the vote of the qualified
electors of such City.
(F)
Modifies any provision of this section.
(G)
Is required by the Municipal Home Rule Law to be submitted to referendum.
(H)
Reduces Council compensation.
No person who is or who shall become presiding officer of any
City agency, authority, board or commission shall be eligible to serve
concurrently as the presiding officer of any other City agency, authority,
board or commission. Further, if any person accepts the role of presiding
officer on any identical county agency, he or she must not act concurrently
as the presiding officer of the comparable City agency.
