The executive power of the city is vested in the City Manager and in such officers and departments as are or may be created by this Charter or other law or by local law or ordinance of the Common Council.
Whenever by reason of sickness or absence from the city the City Manager shall be prevented from attending to the duties of office, the City Manager shall, with the approval of the Common Council, designate one subordinate as Acting City Manager. Said Acting City Manager shall possess all the powers of City Manager during the period of appointment, but shall not exercise any powers of appointment or removal from office unless such sickness, absence or disability shall have continued for a period of 60 days. The City Manager may change such designation at any time with the approval of the Common Council. If such disability or absence occurs without the City Manager's having designated an Acting City Manager or if the office of City Manager becomes vacant, the Common Council shall appoint an Acting City Manager with all of the powers herein set forth. Such Acting City Manager may hold office pending the termination of the disability or absence of the City Manager or the appointment of a City Manager, as the case may be.
It shall be the duty of the Mayor to see that city officers and departments faithfully perform their duties; to maintain peace and good order within the city; to take care that the laws of the state and the ordinances of the Common Council are executed and enforced within the city; to communicate by written message to the Common Council at a regular meeting in January and at such other times as the Mayor may deem proper, a statement of the finances and general condition of the affairs of the city with such recommendations in relation thereto as he/she may deem proper; to give such information in relation to the same as the Common Council may from time to time require; and to call a special meeting of the Common Council whenever in his/her judgment it is required by public necessity.
The Common Council shall determine the policies of the city, the execution of which shall be under the direction of the City Manager. Whenever an executive or administrative function is required to be performed by act of the Legislature or by law, local law or ordinance, the same shall be performed by the proper executive or administrative officer, department or agency designated in the act of the legislature, law, local law or ordinance, and in case no such designation be thus made, the City Manager shall make the same.
The City Manager shall, on behalf of and in the name of the city, countersign all checks issued by the Comptroller and execute all deeds and contracts made by the city and shall cause to be affixed thereto the City Seal.
The Common Council may, by local law or by ordinance not inconsistent with this Charter or other laws of the state, and after receiving the recommendations of the City Manager with regard thereto, regulate the powers of any city office or department. The Common Council may also reorganize departments and agencies by local law. Before adopting any such local law, the Common Council shall request and consider the recommendation of the City Manager with regard thereto.
In case of riot or conflagration or other public emergency requiring it, the City Manager shall have power to appoint such number of special police officers as he/she may deem necessary to preserve the public peace. Such special police officers shall be under the sole control of the regularly appointed and constituted officers of the Police Department and shall serve until the riot, conflagration or public emergency shall have terminated. They shall have power to make arrests only for public intoxication, disorderly conduct or other offenses against peace and good order.
The City Clerk shall maintain an office at a place within the city designated by the Common Council. In addition to the other duties herein prescribed, the City Clerk shall have custody of the Corporate Seal; carefully index, file and arrange in his/her office, for convenient use, all books and papers as required by law or the Common Council; attend to the publication of all matters requiring publication except as otherwise provided in this Charter or by law; sign all licenses and enter in an appropriate book the name of every person to whom a license shall be granted, the date and particulars thereof and the sum paid therefor, and weekly report and pay the amount so received to the Comptroller. Within 24 hours after any resolution directing the payment of moneys shall take effect, the City Clerk shall furnish to the Comptroller a certified copy of such resolution. The City Clerk shall serve or cause to be served all notices as required by the Common Council and perform such duties as the Common Council may require. Copies of all such papers duly filed in his/her office and of the records of the proceedings of the Common Council and of any board, certified by The City Clerk under the Corporate Seal of the city, shall be evidence in all courts and places the same as the originals. When required to make copies of records, the City Clerk shall be entitled to a fee as prescribed by regulations of the New York State Committee on Open Government,[2] except from the city or a department thereof or any state or federal agency. In case of a temporary absence or disability of the City Clerk, if there be no Deputy City Clerk, the City Manager with the consent of the Common Council may appoint a City Clerk for the time being, who, on taking the required oath, shall possess the powers and perform the duties of the City Clerk during such absence or disability.
[1]
Editor's Note: Amended during codification (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: See also Ch. 115, Records, Public Access to.
The said Clerk shall be the Registrar of Vital Statistics and shall perform the duties of such Registrar prescribed by the Public Health Law of the State of New York, and shall be subject to all the rules and regulations governing registrars and shall have all the powers and duties prescribed by the Public Health Law. The City Manager shall appoint a Deputy, whose duty it shall be to act in his/her stead in case of absence or inability. The City Clerk shall collect the fees prescribed by the Public Health Law, which fees shall be the property of the City of Peekskill, and the City Clerk shall turn said fees over to the Comptroller as often as once a month.