A. Composition. There shall be a City Council of six (6) members and
a Mayor. The term "Council" or "City Council" shall include the Mayor
unless said Mayor is excluded by express provision therefrom or by
operation of law. Two (2) of the Council members will be elected at-large,
and the remaining four (4) Council members will be elected from wards,
the boundaries and dimensions of which shall be determined by the
City Council, in conformity with constitutional requirements and the
requirements of the Laws of the State of New York.
B. Eligibility. Only qualified voters of the city shall be eligible
to hold the office of Council members and Mayor. Any such elected
officer of the city shall vacate the office upon removal of his/her
domicile from the city and shall be disqualified from holding such
office.
C. Qualifications. Every elected or appointed city officer shall possess
the qualifications prescribed by the Public Officers Law of the State
of New York, except as otherwise provided in this Charter.
D. Election and terms.
(1) The Mayor shall be elected for a term of four (4) years.
(2) The Council members shall be elected for a term of two (2) years.
(3) Four (4) Council members shall each represent one (1) of the four
(4) wards of the city, and a Council member representing such ward
shall be domiciled and a qualified voter therein.
[Amended 12-18-2023 by L.L. No. 8-2023]
The salary for each of the six (6) Council members shall be
eleven thousand dollars ($11,000) per annum, and for the Mayor thirty
thousand ($30,000) per annum. Council members and the Mayor shall
receive their actual and necessary expenses incurred in the performance
of their duties of office. In addition, the Council members and the
Mayor shall have the option of receiving individual health insurance
coverage benefits, through the City of Beacon's health insurance plan,
such insurance policy type shall be determined by the Director of
Finance. The Mayor or a Council member who elects not to receive health
insurance coverage shall be provided a cash payment of $2,500. Once
the Mayor or Council member elects not to receive the health insurance,
such election must be for the full calendar year, unless the Mayor
or Council Member is no longer covered by the health insurance from
the other source. In such case, the Mayor or the Council member will
receive a pro-rated cash payment. The City's contribution toward the
premium cost of providing individual coverage shall be at the same
percentage contribution rates as is provided to the City's department
heads with the balance being paid for by the Council member or the
Mayor who elected such health insurance coverage. Council members
and the Mayor may secure family coverage through the City's insurance
plan but such person is responsible for any such cost above the individual
coverage cost.
The Mayor shall preside at meetings of the Council and shall
be recognized as chief executive officer of the city government. The
Mayor shall appoint the Council Secretary. The Mayor, with the consent
of a majority vote of the Council, shall appoint all members to, and
fill all vacancies on, all boards, commissions and similar bodies
created and authorized by state law or this Charter. The Mayor may
appoint, from time to time, such nonsalaried advisory committees as
may be necessary to make nonbinding recommendations as to those matters
which they are assigned to review.
A. Holding other office. Except where authorized by law, no Council
member shall hold any other city office or employment during the term
for which elected to the Council; and no former Council member shall
hold any compensated appointive city office or employment until one
(1) year after the expiration of the term for which elected to the
Council.
B. Appointments and removals. Neither the Council nor any of its members,
with the exception of the Mayor, shall in any manner dictate the appointment
or removal of any city administrative officers or employees whom the
Mayor or any subordinates are empowered to appoint, but the Council
may express its views and fully and freely discuss with the Mayor
anything pertaining to appointment and removal of such officers and
employees.
C. Interference with administration. Except for the purpose of inquiries and investigations under Section
2.06, neither the Council nor any of its members shall direct or otherwise manage any city officer or employee, other than through the City Administrator or Mayor.
A. Creation of vacancies. A vacancy in an elective office shall exist
when the person elected fails to qualify for the office within thirty
(30) days thereafter, dies, resigns, ceases to be domiciled in the
city and/or ward from which elected, is determined to be either mentally
or physically incompetent to perform the duties for which that person
was elected or is convicted of a felony or a crime involving a violation
of oath of office or when a judgment of a court declares the election
void, the office forfeited or vacant or when the person fails or refuses
to file the official oath or undertaking as prescribed by law.
B. Procedures. If a vacancy shall occur in any elective office of the city (with the exception of Mayor), otherwise than by expiration of term, the Mayor, with the consent of the majority of the City Council, shall appoint a duly qualified person to fill such vacancy until a successor is chosen in accordance with the Public Officers Law. If a vacancy in an elective office is not filled by the Mayor with Council approval within forty-five (45) days of its occurrence, the Council shall have the power to fill such vacancy by four (4) affirmative votes of the Council. In the event that no appointment is made to fill the vacancy as hereinbefore provided, the Council may call a special election to fill such vacancy for the unexpired term. Such a special election shall be held no later than ninety (90) days from the occurrence of the vacancy. If the vacancy shall occur in the office of Mayor, the City Council, by a majority vote of its members, shall appoint a duly qualified person to fill such vacancy until a successor is chosen in accordance with the provisions of the Public Officers Law. in the event that no appointment is made to fill the vacancy in the office of Mayor within forty-five (45) days of its occurrence, the Council may call a special election to fill such vacancy for the remainder of the unexpired term. Such a special election shall be held no later than ninety (90) days from the occurrence of the vacancy. During the interim, the person so appointed as Mayor pursuant to Chapter
23 of the Code of Ordinances shall perform the duties of Mayor until the vacancy is filled as hereinabove provided and shall assume the additional compensation for Mayor while assuming those duties.
C. In the event there is a conflict with the language contained in either Chapter
19 or Chapter
23 of the Code of Ordinances, the terms of this section shall supersede the provisions in Chapters
19 and
23 of the Code of Ordinances entitled "Continuity of Government" and "Disaster Preparedness Committee," respectively.
The Council shall be the judge of the election and qualifications
of its members and of the grounds for forfeiture of and removal from
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 office
other than those grounds causing an immediate vacancy, by operation
of state law, shall be entitled to a public hearing on demand, after
seven (7) days' written notice. Notice of such hearing shall be published
in one (1) or more newspapers of general circulation in the city at
least one (1) week in advance of the hearing. Decisions made by the
Council under this section shall be subject to review by the courts.
In determining the qualifications of its members, the Council shall
use the standards set forth in the Public Officers Law and General
Municipal Law, and such additional standards as may be enacted by
Charter amendment or local law, provided that the same are not inconsistent
with the Public Officers Law or General Municipal Law.
The Council shall have access to all information concerning
any aspect of the affairs of the city, and may request such information
in writing. The Council shall also have the power to make formal investigations
into any aspect of the affairs of the city, and for such purpose may
subpoena witnesses, administer oaths, take testimony and require the
production of evidence. Any person who fails to obey any subpoena
or lawful directive of the Council pursuant to this section shall
be punished as provided by law for contempt.
The Council shall obtain an independent audit of all financial
accounts at least once annually. Such audits must be conducted by
a certified public accountant who has no direct personal interest
in the financial affairs of the city government or any of its officials.
The annual audit must be reported to the Council and the public no
later than June 30 of each year.
A. Meetings. The Council shall meet regularly twice in every month at
such times and places as the Council may prescribe by rule. The Mayor's
office shall prepare and make public a written agenda the Friday before
each regular Council meeting. Special meetings may be held on the
call of the Mayor or of four (4) or more members, and whenever practicable,
upon no less than twenty-four (24) hours' written notice to each member.
All meetings shall be public; however, the Council may recess for
the purpose of discussing, in a closed or executive session, those
topics or items for which the Public Officers Law allows a closed
session. The general subject matter for consideration must be expressed
in the motion calling for such closed session. Final action thereon
shall not be taken by the Council until the matter is placed on the
agenda.
B. Rules and journal. The Council shall determine its own rules and
order of business and shall provide for keeping of a full and accurate
journal of its proceedings and communications, which shall be a public
record. They shall provide for public comments at all meetings.
C. Workshops. In order to prepare for regular meetings, the Council
may meet in informal public workshops. Workshop meetings shall be
subject to the same requirements as regular meetings with respect
to notice, public attendance, advance public agenda, and public record.
No formal legislative decision may take place at a workshop. Any Council
member may request the Mayor add an item to the workshop agenda and
if not added to the Agenda, a Council member may at the next workshop
meeting request that the item be added to the end of the Agenda upon
approval of a majority of the Council. Any Council member may refer
to workshop any item of business that has not been previously reviewed
in workshop and/or any item of business discussed at a regular meeting
which requires further discussion.
D. A majority of the whole number of the Council, including vacancies,
abstentions and any members disqualified, shall constitute a quorum,
and the same number shall be necessary to perform and exercise any
power, authority or duty of the Council.
E. Official newspaper. The Council shall designate on an annual basis
an official newspaper or newspapers, which may be a daily or weekly
newspaper of general circulation in the City of Beacon.
The Council shall have the power to enact ordinances for any
lawful purpose, within its powers, as provided and authorized by § 20
of the General City Law or any other statute of the State of New York.
The Council may enact local laws, for any purpose authorized under
the laws of the State of New York, pursuant to the procedures set
forth by the laws of the State of New York for such enactments.
All proposed ordinances must be presented, in writing, by the Council at least one (1) meeting before adoption, except for emergency ordinances as provided in Section
2.12. All ordinances, resolutions and charter amendments adopted by the Council shall be recorded in the journal.
No franchise or renewal thereof shall be granted except upon
a public hearing, a notice of which shall be published at least three
(3) weeks before the date set for the hearing. The request for such
franchise or renewal shall be on file with the City Clerk for public
inspection for the three (3) weeks prior to the date of the hearing.
To meet a public emergency affecting life, health, property
or the public peace, the Council may adopt one (1) 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. 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 emergency
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 five (5) Council
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 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.
The Council shall cause the entire text of every ordinance and
of every resolution having the effect of law to be printed in full
in the minutes of the meeting at which they are introduced and adopted.
The full text of the ordinances, resolutions and charter amendments
shall be published on the City website and made available to the public,
free of charge, from the City Clerk.