[Amended by L. 1966, c. 716; L.L. No. 3-1990; 1-20-2021 by L.L. No. 3-2021; 8-3-2022 by L.L. No. 12-2022]
No person shall be elected or appointed to any elective city office unless at the time of his or her election or appointment he or she be of full age and a citizen of the United States and a resident of the city, nor elected or appointed to any elective ward office, unless at the time of his or her election or appointment he or she be a resident of the ward for which he or she is elected or appointed; and whenever any such officer of said city shall cease to be a resident of the city or of the ward for which he or she was elected or appointed, such office shall thereupon become vacant.
No person shall at one time hold more than one elective office under the City government, or two or more elective positions under City, County, or State Government. Upon the acceptance by an elected officer of a second elective office, the first elective office shall become vacant.
[Amended by L. 1917, c. 680; L. 1920, c. 866; L.L. No. 1-1927; L.L. No. 1-1945;[1] L.L. No. 3-1990]
The elective officers of the city to be elected by electors of the city at large shall be a Mayor, whose annual salary shall be not less than $10,000 to be fixed and determined by the Common Council; a City Clerk, whose annual salary shall be not less than $18,000 to be fixed and determined by the Common Council, a City Treasurer, whose annual salary shall be not less than $20,000, to be fixed and determined by the Common Council; a President of the Common Council, whose annual salary shall be not less than $1,500, to be fixed and determined by the Common Council; a City Judge, whose annual salary shall be fixed and determined by the New York State Office of Court Administration.
The elective officers of the city to be elected by the electors of each ward shall be one Alderman, whose annual salary shall be not less than $800.
[1]
Editor's Note: This local law also provided for the removal of provisions dealing with terms of office of elective city officials from this section to current Ch. 35, Officers and Employees, Art. I.
The annual election for officers of the city shall be held annually, on the Tuesday next succeeding the first Monday in November, at the time and place fixed for holding the general election on that day. Such election shall be conducted in the same manner that general elections in cities are by law required to be conducted, and all the provisions of the Election Law shall be applicable to the election for officers in such city. At every election, a successor shall be elected to each elective city officer whose term of office shall expire with the year in which such election is held. Public notice of every election under this Act, except as herein expressly provided, shall be given by the Mayor and Common Council, by notice to be published in the official newspaper of said city at least once in each week for two successive weeks immediately preceding the holding of such election, which notice shall be signed by the Mayor and City Clerk and shall designate the officers to be voted for at such election and the location of each polling place.
Inspectors of election shall canvass all votes cast for city officers, make and declare a tally sheet or statement in the same manner as required by the general laws of this state and file the same immediately with the City Clerk, except as otherwise provided in this Act. The City Clerk shall, at least one week before the date fixed by law for the first meeting of the Board of Registry for said election, notify each inspector of election, in writing, of his appointment as such inspector and of each day for which meetings of the Board of Registry in said election district of the city and of the date of such election. Every inhabitant of the city who shall, at the time and place of offering his vote, be qualified to vote for member of assembly shall be then and there entitled to vote for all the officers elected by the city at large, and for all officers to be elected in his ward; each ward of the city shall constitute an election district until some further division shall be made pursuant to the Election Law.
The inspectors of election and such other officers as are authorized to be appointed by the Election Law shall be appointed as provided therein and shall have such compensation as shall be allowed by the Common Council. [Amended by L.L. No. 3-1990]
[Amended by L.L. No. 3-1990]
Except as herein otherwise provided, the Common Council of said city shall meet as a board of city canvassers. The City Clerk shall present to the Common Council a certified tally sheet and statement as the result of such election in the several election districts of the city, as delivered to him by the inspectors of election of such districts. The Common Council shall canvass such tally sheets and certified statements and determine and declare the whole number of votes cast for all the candidates for each office to be elected at such election, the number of votes cast for each said candidate and which person was elected to each office. respectively. The persons having the greatest number of votes for each respective office to be filled for the whole city and those having the greatest number of votes for the offices to be filled by the several wards shall be duly elected to such offices. The City Clerk shall enter such determinations and declarations in the minutes of the meeting. In the event of a tie at any such annual city election, the Common Council shall, at its first regular meeting thereafter, fill by appointment the office for which the vote is tie for a full term.
[Amended by L.L. No. 3-1990]
The Governor of the state may remove the Mayor from office at any time upon presentation of charges against him for disability, for serious neglect or dereliction of official duty or in competency or incapacity to perform his official duties or some delinquency materially affecting his general character or fitness for office, after offering him an opportunity to be heard as provided by the Public Officers Law for the removal of a county treasurer. The City Judge may be removed by the New York State Judicial Conduct Commission. Except as otherwise provided, any other elective officer shall be removed by a 2/3 vote of the Common Council on any of the grounds for which the Mayor may be removed, upon written charges being preferred by or to the Mayor after reasonable notice thereof and reasonable opportunity to be heard thereon having been given by the Common Council.
[Amended by L. 1920, c. 866; L.L. No. 2-1934; L 1953, c. 878, § 256; L.L. No. 3-1956; L.L. No. 2-1960; L.L. No. 3-1990]
There may be appointed by the Mayor a Corporation Counsel; Commissioner of Assessment and Taxation; Commissioner of Public Works; Commissioner of Water; three Civil Service Commissioners; City Health Officer; and a Sealer of Weights and Measures. The Common Council may appoint not exceeding four City Marshals and as many Commissioners of Deeds as it may deem necessary. Other officers may be appointed as provided by this Act or as otherwise provided by the law, not inconsistent herewith. All appointments to any city office shall be evidenced by a certificate, in writing, signed by the appointing officer and filed forthwith in the office of the City Clerk. If an appointment be made by the Common Council, Board or Commission, such certificate shall be signed by the officer presiding at the time of appointment so made, attested by the Clerk and filed forthwith in the office of the City Clerk.
Immediately after the filing of such certificate, the City Clerk shall give notice, in writing, to each person of his appointment to office.
[Amended by L. 1953, c. 878, § 257]
Where the term of office of the appointive officer is not specified or fixed by statute, it shall be deemed to continue only during the pleasure of the Common Council, officers, board or commission authorized to make the appointment. No appointive officer shall hold office beyond the term of the officer appointing him, except as herein otherwise provided. The term of office of each appointive officer shall commence on the day succeeding his appointment, unless a different time is specified in the certificate of appointment. The elective officers required by law and all other officers required by the general laws to be appointed, except as herein otherwise provided, shall be chosen for each term and shall possess and perform the powers and duties prescribed by the provisions of the general laws relating thereto.
The Mayor may, in writing. suspend for up to 30 days at any one time any officer of the city appointed by him or by the Common Council, but he shall not suspend the same person more than twice in one year. In case of the suspension of any officer, the Mayor shall forthwith report to the Common Council the reason of such suspension.
Except as otherwise provided, any appointive officer appointed by the Mayor or Common Council may be removed by a 2/3 vote of the Common Council on any of the grounds for which a Mayor may be removed, upon written charges being preferred to or by the Mayor, after reasonable notice thereof and after a reasonable opportunity to be heard thereon has been given by the Common Council. Upon such investigation, the Common Council may suspend such officer for up to 30 days. [Amended by L.L. No. 3-1990]
[Amended by L. 1920, c. 866; L.L. No. 2-1934; L.L. No. 3-1990]
The following appointive officers shall receive a salary to be fixed by the Common Council: Corporation Counsel; Commissioner of Assessment and Taxation; Commissioner of Public Works; Commissioner of Water; three Civil Service Commissioners; City Health Officer; Sealer of Weights and Measures; City Marshals; and Commissioners of Deeds.
[1]
Editor's Note: Former § 21, Official and fiscal year, was repealed by L.L. No. 3-1990. For current provisions dealing with official and fiscal years, see Charter § 6.6.
Every city officer shall continue to hold office until his successor shall be chosen and shall qualify, and no longer.
Except as otherwise provided in this Act, 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. If the term of the officer vacating his office continues beyond the official year in which said 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. A vacancy occurring in any appointive office of the city, otherwise than by expiration of term, shall be filled for the balance of the unexpired term in the same manner as an appointment for a full term.
Resignation of elective officers shall be made in writing and presented to the Mayor and, of all other officers, to the appointing board or officer. and the board or officer to whom such resignation is presented shall thereupon file the same in the office of the City Clerk. The resignation of the Mayor must be made and presented to and filed with the City Clerk.
[Amended by L. 1920, c. 866; L.L. No. 3-1990]
No officer or employee of the city, except the Corporation Counsel, Health Officer, City Marshal, Commissioner of Deeds and city officers acting as Commissioner of Deeds, shall have or receive any perquisites, compensation or fees for service pertaining directly or indirectly to the duties of his office in addition to his salary, and all perquisites, compensation and fees paid and received by any such officer, except as hereinabove provided, for services pertaining directly or indirectly to the duties of his office, other than his salary received from the city, shall be the property of the city and shall be paid by the officer receiving the same into the city treasury.
[Amended L.L. No. 3-1990]
Except as otherwise provided in this Act, any board, commission or officer may remove or suspend with notice any employee of their or his board, commission or office, unless such removal constitutes a violation of any collective bargaining agreement of the city. Nothing herein contained shall be construed to limit or amend the Civil Service Laws of the state.
No elective officer who has been removed from office under any provision of this Act shall be eligible for election or appointment to fill the vacancy caused by his removal.
In case of a vacancy from any cause in any elective office, the person appointed to fill such vacancy shall be a member of the same political party as the last incumbent of the office.
The officers, boards and commissions elected or appointed pursuant to this Act shall, in addition to the powers and duties specified herein, possess and exercise such powers and perform such duties as may from time to time be prescribed by law, ordinance or resolution of the Common Council not inconsistent with the provisions of this Act and, so far as applicable, shall have all the powers and perform all the duties conferred by general law upon corresponding officers, commissions, boards or departments of the cities and towns of this state.
Any person elected or appointed to any office under this Act shall, before assuming the same, take the oath of office prescribed by the Constitution of this state and shall file the same in the office of the City Clerk, and every person who shall omit to take and file his oath within the time prescribed by law shall be deemed to decline the office, and such office shall thereupon become vacant. Each Commissioner of Deeds and each city officer who, by the provisions of this Act, is given the same powers as Commissioner of Deeds shall forthwith, upon his election or appointment, file a certificate of his election or appointment, to be issued by the City Clerk, in the Rensselaer County Clerk's office and also take the prescribed constitutional oath of office before said County Clerk.
[Amended by L.L. No. 3-1990]
The City Treasurer, City Clerk, Commissioner of Public Works, City Marshal and all officers required by this Act, by general law or by the Common Council to give a bond shall severally, before they enter upon the duties of their office, make, execute and deliver a bond to the City of Rensselaer for such penal sum as this Act or general law or which the Common Council directs and with such surety or sureties as the Mayor or Common Council approve, conditioned that they shall faithfully discharge the duties of the respective offices and account for and pay over all moneys or property received by them respectively as such officers in accordance with the law; all such bonds, except as otherwise provided, shall be approved by the Mayor. The official bonds, except as otherwise herein provided, shall be filed with the City Clerk. Any officer failing to comply with the foregoing provisions shall be subject to the penalties and liabilities prescribed by law. If the surety on the official undertaking is a fidelity or a surety corporation, the premium therefor shall be paid as provided by § 11 of the Public Officers' Law.
[Amended by L.L. No. 4956; L.L. No. 3-1990; L.L. No. 3-1995; 6-16-2021 by L.L. No. 3-2022]
No member of the Common Council or 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 officers or employee or person of the firm of which he is a partner purchase from or sell to the city or any officer thereof any real or personal property for the use of the city or any commission or officer thereon, nor shall be be interested directly or indirectly in any work to be performed for or service rendered to or for it or anything sold to or from said city or to any officer, board, commission or person in its behalf. Any contract made in violation of any of these provisions shall be void. A person shall not be deemed interested in a contract, purchase or sale made by a corporation with, from or to the city solely by reason of the fact that he is a stockholder, director and/or trustee of such corporation. The term "city officer," as used herein, however, shall not be deemed to include a Commissioner of Deeds or City Marshal. Notwithstanding anything contained herein to the contrary, it shall not be the intent of this legislation to prohibit members of the Common Council or officers or employees of the city or persons receiving a salary or compensation from funds appropriated by the city (hereafter sometimes referred to as "borrower") to apply for a loan from the city, in accordance with one of the city's established loan programs, and for said persons to enter into such agreements as are customarily entered into by the borrower in said loan programs. Under no circumstances shall a loan agreement, promissory note, mortgage or other agreement entered into between the borrower and the city be considered void as a result of this provision. The provisions in this section shall not apply to sales of vacant land to abutting landowners.
The Common Council and several members thereof and all officers and employees of the city are hereby declared trustees of the property, funds and effects of said city, respectively, so far as such property, funds and effects are to be committed to their management or control, and every taxpayer residing in said city is hereby declared to be a cestui que trust in respect to said property, funds and effects, respectively, and any cotrustee and any cestui que trust shall be entitled as against said trustee in regard to said property, funds and effects, to the benefit of all the rules, remedies and privileges provided by law for any cotrustee or cestui que trust, and to prosecute and maintain an action to prevent waste and injury to any property, funds and effects held in trust, and such trustees are hereby held subject to all the duties and responsibilities imposed by law upon trustees and such duties and responsibilities may be enforced by the city or by any cotrustee or cestui que trust aforesaid. The remedies herein provided shall be in addition to those now provided by law.
[Amended L.L. No. 3-1990]
Unless otherwise provided by law, the offices of the City Clerk and the City Treasurer shall be kept open for the transaction of business each day in the year, Sundays, legal holidays and Saturdays excepted, from 9:00 a.m. to 5:00 p.m.
The Mayor, President of the Common Council, City Treasurer, Commissioner of Public Works and the City Clerk shall each have, within the City of Rensselaer, the power of Commissioner of Deeds of the City of Rensselaer.
[1]
Editor's Note: Former § 36, Searches and files in public offices, was repealed by L.L. No. 3-1990.
The several heads of departments shall present to the Mayor annually, on or before the 10th day of January, a report of their proceedings during the preceding year. The Mayor shall transmit the same to the Common Council with any recommendation he may deem proper to make, but nothing in this Act contained shall be construed to relieve such heads of departments from furnishing each other information as may be required by the Mayor at any time.
Any board, commission or officer authorized by law or ordinances of the city to grant any license shall have discretionary power to grant or refuse the same, and the Common Council may provide that any license, right or permission granted under or by virtue of any ordinance thereof may be revoked by the officer, board or commission issuing the same, either summarily in his or its discretion or after a hearing, upon the violation of the laws of the state or ordinances of the Common Council by the person or corporation to whom the same was granted or who is working under or using the same, or his or its agents, servants or employees.
[1]
Editor's Note: Former § 39, Official misconduct; acts prohibited, was repealed by L.L. No. 3-1990.