Village of Cooperstown, NY
Otsego County
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[Effective March 29, 1972; amendment of the Charter of the Village of Cooperstown]
The district of country within the towns of Otsego and Middlefield, in the County of Otsego, contained in the following bounds, namely: Beginning on the east shore of Otsego Lake at the southwest corner of the lands of the Lakewood Cemetery, and from thence south sixty-six degrees, fifty-five minutes east, along the south line of said cemetery lands, four hundred feet to the center of the Springfield Turnpike; thence south fifteen degrees forty-five minutes west, five thousand two hundred and fifty-five feet to the point where the road around Mount Vision intersects with the road to Bowerstown, at the northwest corner of the former Harmon Groat's farm; thence north seventy-four degrees and forty-five minutes west, seven thousand nine hundred and twenty feet to the southwest corner of the corporation of the village of Cooperstown as established prior to eighteen hundred and seventy; thence north four degrees thirty minutes east along the said old corporation line, four thousand seven hundred fifty feet to the northwest corner thereof; thence north eighty-one degrees fifteen minutes east, six thousand four hundred and twenty-five feet to the west shore of Otsego Lake at the southeast corner of the farm formerly owned by the late Judge Nelson; thence south thirty-six degrees thirty minutes east across said lake, three thousand two hundred and fifty feet to the place of beginning, shall hereafter be known by the name of and shall be "The Village of Cooperstown"; and the inhabitants residing therein shall be a corporation by the name of "The Village of Cooperstown"; and as such shall have perpetual succession, and may sue and be sued, complain and defend in any court by such name; may make and use a common seal and alter it, and may receive, by gift, purchase, grant, devise and bequest, real and personal estate subject to now existing provisions of law, and may also hold and convey such real and personal estate as the purposes of the corporation may require, as may be authorized by the provisions of this act.
[Amended 6-7-1975 by L.L. No. 3-1975; 4-27-2015 by L.L. No. 8-2015]
The elective officers under this act shall be the Village Mayor and Village Trustees; the Village Mayor to be elected every two years for a two-year term; two trustees to be elected annually for a three-year term. All the officers named above who shall be in office at the date of the passage of this act shall hold the same until the terms for which they were elected shall have expired.
[Added 1-12-1988 by L.L. No. 2-1988]
Any appointed officer or an elected village justice may reside outside of the Village but within the limits of Otsego County.
[Added 11-13-1989 by L.L. No. 6-1989; amended 5-19-1997 by L.L. No. 1-1997]
Position established. The position of Village Administrator is hereby established. The decision to fill the position with the appointment of an administrator is an option that is left to the Board of Trustees to execute based on operational requirements and financial capability. Such a decision requires the favorable vote of a majority (5) of the Trustees.
Appointment, term, qualifications, residency. The Village Administrator shall be appointed by the Board of Trustees upon the recommendation of the Mayor for an indefinite term and shall remain in the position at the pleasure of the Board of Trustees. The Administrator shall be chosen by the appointing authority without regard to the appointee's political beliefs and solely on the basis of the appointee's training and experience, with special reference to actual experience or knowledge of the responsibilities and duties of the position as determined by the Board of Trustees. The person appointed may hold another Village office, except that no elected official of the Village shall be eligible for such appointment while in office.
[Amended 2-27-2017 by L.L. No. 5-2017]
Duties and responsibilities. Subject to the approval, direction and control of the Board of Trustees, or — in those instances where approval, direction and control is, by applicable law, reserved to the Mayor — under the approval, direction and control of the Mayor, the Village Administrator shall perform the duties delineated in the job performance plan, as prepared and established by the Board of Trustees, and in accordance with such rules and regulations as may be promulgated by the Board of Trustees.
Compensation. The Village Administrator shall receive such compensation as the Board of Trustees may fix.
Vacancy in position. In the case of a vacancy or during the absence or disability of the Village Administrator, the Board of Trustees may designate some properly qualified person to perform the duties of the Administrator on an acting basis. This individual may be but is not required to be the Mayor or a member of the Board of Trustees. Compensation for this acting administrator will be determined by resolution of the Board.
Removal from office.
The Board of Trustees may remove the Village Administrator from office by affirmative vote of a majority (5) of its membership. Any termination compensation will be specified by the Board of Trustees.
The action of the Board of Trustees in suspending or removing the Village Administrator shall not be subject to review by any court or agency.
Construction of provisions. Nothing contained herein shall be deemed or construed as abolishing, transferring or curtailing any powers or responsibilities of the Mayor or Board of Trustees or other Village officer as prescribed by Village Law or other applicable laws of the state.
Savings clause. If any section, subsection, or sentence of this local law is for any reason held invalid it shall not affect the validity of the remaining portions of this local law. All existing local laws or ordinances of the Village setting forth the duties of heads of departments shall remain in full force and effect except insofar as they conflict with the provisions of this local law, in which case the conflicts are to be resolved by a majority vote (5) of the Board of Trustees.
[Amended 3-8-1977 by L.L. No. 1-1977; 9-27-1979 by L.L. No. 3-1979; 3-18-2002 by L.L. No. 1-2002]
The annual village election shall be held on the third Tuesday in March in each year from the hour of noon until nine o'clock in the evening, at such place as shall be designated in the notice of such election, and such notice signed by the Trustees shall be posted in at least three public places in the village, six days before the day of the election.
Editor's Note: Section IV, Inspectors of election and certification, was repealed 4-27-2015 by L.L. No. 8-2015.
[Amended 3-11-1986 by L.L. No. 2-1986]
Vacancies in elective offices caused other than by expiration of the terms thereof shall be filled by the Mayor, except the office of Mayor which shall be filled by the Board of Trustees. If such vacancy occurs at least seventy-five days prior to the annual village election, the office shall be filled for the balance of the year preceding the election; if such vacancy occurs less than seventy-five days prior to the annual village election, for the balance of the year preceding the election; and, if the term of office does not expire at the election, by further appointment to the following annual village election. Elective offices which have been filled by appointment for part of the unexpired terms thereof shall further be filled for the remaining part of such terms by election at the annual village election. Vacancies in appointive offices shall be filled by the Mayor subject to the approval of the Board of Trustees.
The first meeting of the Board of Trustees in each year shall be within seven days after the annual election of such year, at which time it shall meet and organize. All subsequent meetings of the Board of Trustees during the year shall be held at least once a month, at such time and place in the village as the Board by resolution shall direct. Special meetings may be called by the village Mayor, or by the village Clerk on the written request of two or more Trustees. Notice of all meetings shall be served on each member of the Board by the Clerk a reasonable time before the hour of the meeting.
It shall be the duty of the Board of Trustees, on or before the thirtieth day of July succeeding the closing of the fiscal year, to cause to be published in one or more newspapers in the village a summary of the cash transactions of all funds, and a statement of indebtedness of all funds at the close of the fiscal year.
A majority of the Board of Trustees when duly convened shall constitute a quorum for the transaction of any business; but no rule, bylaw, regulation or ordinance shall be adopted, altered or repealed; or any assessment laid, imposed or altered; or the sum to be raised in any tax determined; or any officer appointed; or any money appropriated unless at least four members of the board shall concur therein, and the minutes shall contain both the affirmative and negative votes and the names of said members as they voted respectively in every case. No member of the board shall be allowed to vote upon any question in which he has a special pecuniary interest.
Editor's Note: Section IX, Fire department, was repealed 4-27-2015 by L.L. No. 8-2015.
The existing ordinances, bylaws, rules and regulations of the Village of Cooperstown shall be and remain in force from and after the passage of this act, until the same shall be modified or repealed by the Board of Trustees.
This act shall take effect immediately.