[Amended at general election 11-8-1994]
The legislative power of the City shall be exercised by a Council consisting of five Councilmen. One Councilman shall be elected from each ward of the City and a Council President shall be elected from the City at large. The Council President and the Councilman from the Fourth Ward shall be elected for a term of four years beginning January 1, 1980. The Councilmen from the First, Second and Third Wards shall be elected for a term of four years beginning January 1, 1982. Thereafter all Councilmen shall be elected for four-year terms. No Councilman shall serve for more than two consecutive four-year terms.
No person shall be eligible for office of Councilman unless he or she is a resident of the Ward from which he or she is elected.
Except as provided in General City Law § 2-a, Subdivision 2, any vacancy in the office of Councilman or Council President, other than expiration of the term of office, shall be filled by the Council. Any person appointed to fill a vacancy shall have the same qualifications as are required of a person elected to the office and shall be of the same political affiliation as the Councilman whose place has become vacant. The term of office of a Councilman appointed to fill a vacancy shall be until the commencement of the year next succeeding the first general election at which the vacancy can be filled after the happening of the vacancy.
Members of the Council shall receive such compensation, which shall not be increased or decreased during their term of office, as may be fixed by the Council.
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 or any of them.
The Council shall adopt rules governing its procedure, the conduct of its meetings and the discipline of its members. At its first meeting in January following each biennial election of Councilmen, the Council shall organize for the conduct of its business. The Council President shall, as presiding officer, authenticate all ordinances and local laws adopted by the Council, and shall have such other functions, powers and duties with respect to the conduct of the Council business as may be provided in the rules governing its procedure. The Council may also select from among its members a president pro tempore who shall serve in place of the Council President in the event of the latter's absence or disability.
[Amended 11-10-1998 by L.L. No. 1-1998]
Regular meetings of the Council shall be held twice each month, the first and third Monday unless otherwise provided by resolution of the Council. Meetings shall be held in the Council Chambers or other public place at such times and dates as may be established by resolution of the Council. The Council President or a majority of the Council may call special meetings, by notice in writing served personally upon the other members of the Council or by leaving such notice at his or her place of abode 48 hours in advance of the meeting. Special meetings shall consider only business related to the purpose announced. All meetings of the Council shall be public, except as otherwise provided by law but no vote shall be cast in secret session.
Three Councilmen shall constitute a quorum to do business, but a majority of the members present may adjourn from time to time and compel the attendance of absent members. Any Councilman who absents himself or herself from any regularly scheduled meeting shall forfeit 1/24 of his or her annual salary; provided, however, that said absence and forfeiture can be excusable for good cause by a majority of the Councilmen present for any particular meeting. The affirmative vote of at least three Councilmen shall be necessary to enact any local law, ordinance or resolution except to adjourn. 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 personal financial interests are involved or as otherwise provided by law.
A. 
Each ordinance shall be confined to one subject and such subject shall be clearly expressed in the title. In the case of codification or recodification of ordinances, it shall be deemed to embrace one subject and may include revisions, deletions and new material without limitation. Ordinances shall be introduced only in typewritten or printed form. Upon passage of an ordinance, the question shall be taken by yeas and nays which shall be entered in the journal of the proceedings of the Council. The title and brief description of the contents of each ordinance, together with a statement that such ordinance is on record with the City Clerk, shall be published at least once in the official newspaper before the ordinance shall take effect.
B. 
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 once in the official newspaper at least five days prior to such hearing. To pass any local law requires a vote of the majority of five council members.
[Amended at general election 11-8-1994; 12-7-1998 by L.L. No. 2-1998]
C. 
Unless otherwise provided in the ordinance, every ordinance shall take effect five days after its approval by the Mayor; or in case the Mayor takes no action as prescribed in § 4.4, five days after the time has expired for the Mayor to approve or return it to the Clerk with his or her objections.
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. 
Abolishes 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 a provision of law relating to public utility franchises;
D. 
Changes a provision of law relating to the membership or terms of office of the Civil Service Commission of the City;
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 a state statute and approved by the vote of the qualified electors of such City;
F. 
Modifies any provision of this section; or is required by the Municipal Home Rule Law to be submitted to referendum.
A. 
The Clerk of the Council shall keep a journal of its proceedings and a record of the minutes of every meeting. The vote upon every motion, resolution, ordinance or local law shall be taken by roll call and the yeas and nays shall be entered in the minutes. The minutes of each meeting shall be signed by the officer presiding at such meeting and by the Clerk.
B. 
The City Clerk shall safely keep and maintain the original authenticated copies of all resolutions, ordinances and local laws. At the close of each year, the Clerk, with the advice and assistance of the City Attorney, shall compile or codify and bind all local laws, ordinances and resolutions, or true copies thereof, in books to be provided for that purpose. He or she shall properly index such books, compilation or codification. The record so made, or a copy thereof, duly certified by the City Clerk, shall be presumptive evidence in all courts and places, and in all actions and proceedings, of the due and proper passage and publication of any such local law, ordinance or resolution.
No rule or regulation made by any department, except with relation to the organization or internal management of the City government or any department thereof, shall take effect until it is filed with the City Clerk or in such other manner as may be provided by ordinance.