There shall be three legislators elected from within the boundaries
of the City, one to be elected by the electors of the first and sixth
wards, one to be elected by the electors of the fourth and fifth wards,
and one to be elected by the electors of the second and third wards
with three districts to be determined by the County Board of Elections.
The members of the Council shall be elected at the general elections
every four years pursuant to the Election Law of the State of New
York. The provisions of the Election Law of the State of New York
shall apply to and govern all elections of City officers of the City
of Batavia elected from wards or at large, including any special elections
as hereinafter stated. In a case of a tie vote in any election, the
office shall be filled as follows:
(A) In the event that there is a tie vote in any election for members
of the City Council, the office shall be filled by the drawing of
lots among the tied candidates to be conducted as follows:
1. Within 10 days after the election results are final, the tied candidates
will personally appear in the City Courtroom to observe the selection
process.
2. Two uniform objects which cannot be differentiated by size or touch
shall be used for the drawing.
3. Two objects each shall be marked in front of the candidates, by the
City Clerk with each candidate's initials.
4. The City Manager will then place all the labeled objects in an opaque
container, close the lid, mix the objects, then hold the container
in a manner where it is beyond the view of the selector once the lid
is opened.
5. The City Clerk shall serve as the selector and choose one object
from the container.
6. The candidate whose initials appear upon the object chosen shall
be declared the winner of the election.
(B) If a person occupies the office for which a tie vote occurs, as of
the date of the general election, this person shall remain in office
until the tie vote is resolved. If no such person holds the office
on said date, or the person declines or is unable to continue to serve,
then the office shall remain vacant after the term expires until the
selection process herein is completed.
In addition to the offices created by Charter, there shall be
such other officers and employees of the City, and they shall receive
such compensation, as the Council may provide by resolution, ordinance
or local law. Except as otherwise specifically provided by the Charter,
subordinate officers and employees shall be appointed and subject
to removal by the head of the department in which they are employees,
subject to the provisions of the Civil Service Law and regulations
and subject to approval of the Manager.
Unless otherwise provided by law, each officer of the City who
has possession of or control over any funds of the City shall give
bond for the faithful performance of their duties in such sum as may
be fixed and with such sureties as may be approved by the Council.
Such bonds shall run to the City and shall be subject to approval
as to form and sufficiency by the City Attorney. The premium shall
be paid out of City funds.
If any member of the Council or other officer or employee of
the City shall, after lawful notice or process, willfully refuse or
fail to appear before any court or judge, any legislature committee
or any officer, board or body authorized to conduct any hearing or
inquiry; or having appeared shall refuse to testify or to answer any
question regarding the property, government or affairs of the City,
or regarding the nomination, election, appointment or official conduct
of any officer or employee of the City on the ground that his or her
answer would tend to be self-incriminating, or shall refuse to waive
immunity from prosecution on account of any such matter in relation
to which one may be asked to testify upon such hearing or inquiry,
his or her term or tenure of office or employment shall terminate
and such office or employment shall be vacant, and he or she shall
not be eligible to election or appointment to any office or employment
under the City or any agency.
Any City officer or employee who has a financial interest, direct
or indirect or by reason of ownership of stock in any corporation,
in any contract with the City or in the sale of any land, material,
supplies or services to the City or to a contractor supplying the
City, shall make known that interest and shall refrain from voting
upon or otherwise participating in the making of such a contract or
sale. Any City officer or employee who willfully conceals such a substantial
interest or willfully violates the requirements of this section shall
be guilty of malfeasance in office and shall forfeit his or her office
or position. Violations of this section with the knowledge expressed
or implied of the person or corporation contracting with or making
the sale to the City shall render the contract voidable by the Manager
or the Council.
Any officer or employee of the City who shall knowingly make
a false or deceptive report or statement in the course of performing
his or her duty or who shall, except as in this Charter otherwise
provided, receive compensation other than from the City for performing
any official duty, or who shall accept or receive any gratuity from
any person whose interests may be affected by the officer's or
employee's official action, shall be charged with the appropriate
crime(s) and if convicted shall forfeit his or her office or employment.