[Amended 12-2-2002 by L.L. No. 2-2002; 5-7-2007 by L.L. No.
5-2007; 3-6-2023 by L.L. No. 3-2023]
The elective officers of the City shall be the
Mayor, 8 Council members, elected by and representing the 8 wards
of the city, and City Judge.
A.
The provision of Chapter 233 of the Laws of 1976, known as the Election Law of New York State, and the acts amendatory thereof, shall apply to and govern all elections and voter qualifications in the City of Corning. The city and ward elections shall be held on the same day, at the same place, with the state general election in the odd-numbered years.
B.
According to the State of New York Election Law, §§ 9-204
and 9-206, the Steuben County Board of Elections is the Board of Canvassers
for the City of Corning, so far as relates to the election of city
officers. The City Council shall convene in its usual meeting place
on the Monday next succeeding the election, to review the Statement
of Canvass and the Certificate of Election of City Officers as submitted
to the City Clerk by the Steuben County Board of Elections.
C.
At the November 2025 general election and in each
fourth year thereafter, a Mayor shall be elected for a term of four
years. At the November 2003 general election and each fourth year
thereafter, Council members from the even-numbered wards shall be
elected for a term of four years. At the November 2005 general election
and each fourth year thereafter, Council members from the odd-numbered
wards shall be elected for a term of four years. At the November 2018
general election and each tenth year thereafter, a City Judge shall
be elected to a term of ten years.
D.
All officers shall hold office until their successors
are elected, qualified and entered upon the discharge of their duties,
except as otherwise provided by this Charter or by a general law.
Nothing in this section shall shorten the term of office of an elective
officer serving at the time of adoption of this Charter.
E.
All terms of office filled by election shall commence
on the first day of January following the election.
A.
The appointive positions of the city shall be the
City Manager, Board of Assessment Review, Zoning Board of Appeals,
Planning Commission, Library Board, Acting City Judge, Deputy Mayor,
City Clerk, City Finance Director, City Attorney, City Health Officer,
Fire Chief, Police Chief, Superintendent of Public Works, Assessor,
Director of Parks and Recreation, Director of the Senior Center, Urban
Renewal Director, Registrar of Vital Statistics, Director of Planning
and Economic Development, and such others as may be created by amendment
to this Charter.
[Amended 1-2-1996 by L.L. No. 1-1996; 6-22-1998 by L.L. No.
4-1998; 7-6-2015 by L.L. No. 3-2015]
B.
At the January regular meeting of the City Council
following the election of the Mayor, the Mayor and the City Manager
shall respectively nominate and appoint officers for terms as correspond
to the terms of office, respectively, of the City Manager and the
Mayor. Upon the departure of the City Manager, appointees of the City
Manager shall remain in office until the appointment of replacement
officers.
[Amended 6-22-1998 by L.L. No. 5-1998]
C.
Prohibitions.
(1)
Appointments and removals. Neither the City Council
nor any of its members shall in any manner control or demand the appointment
or removal of any city administrative officer or employee whom the
City Manager or any subordinate of the City Manager is empowered to
appoint, but the City Council may express its views and fully and
freely discuss with the City Manager anything pertaining to appointment
and removal of such officers and employees, excepting that the City
Council, by a concurring vote of not less than 2/3 of all members
of the City Council in office, may remove any officer or Council member
for misconduct or neglect of duty. No officer shall be removed by
the City Council without reasonable notice in writing of the charges
against him/her, and he/she must have an opportunity to be heard in
his/her defense..
[Amended 5-7-2007 by L.L. No. 5-2007; 3-6-2023 by L.L. No. 3-2023]
(2)
Interference with administration. Except for the purpose
of inquiries and investigations, the City Council or its members shall
deal with the city officers and employees who are subject to the direction
and supervision of the City Manager solely through the City Manager,
and neither the City Council nor its members shall give orders to
any such officer or employee, either publicly or privately.
A.
The Mayor shall appoint those officers listed in § C4-25D
of this Charter by and with the approval of the City Council. The
City Manager shall appoint those officers listed in § C5-30C
of this Charter by and with the approval of the City Council.
[Amended 7-9-1997 by L.L. No. 4-1997; 5-7-2007 by L.L. No.
2-2007]
B.
All officers nominated with the approval of the City
Council by the Mayor shall hold office until their successors are
appointed, qualified and entered upon the discharge of their duties,
except as otherwise provided by this Charter, or by a general law,
except that abolition of an office will end the term of the holder
of that office.
[Amended 4-6-1998 by L.L. No. 1-1998; 12-2-2002 by L.L. No.
3-2002]
No person shall be elected or appointed to any
city office, except City Health Officer, City Attorney, Fire Chief,
Superintendent of Public Works, Director of Parks and Recreation,
Director of the Senior Center, Police Chief, Finance Director, City
Clerk, Assessor, and Director of Planning and Economic Development
unless he/she is a qualified elector of the ward for which he/she
is elected or appointed. Upon appointment, those not exempt shall
become residents of the city within 180 days of their appointment.
No person shall be appointed to the office of the position of Fire
Chief, Superintendent of Public Works, Director of Parks and Recreation,
Director of the Senior Center, Police Chief, Finance Director, City
Clerk, Assessor, and Director of Planning and Economic Development
unless he/she is a resident of Steuben County or an adjoining county
thereto in New York State within 180 days of his/her appointment.
A.
The officers and employees of the City of Corning
shall, before exercising any of the powers or discharging any of the
duties of their respective offices or positions, be bonded to the
City of Corning in such sum as the City Council may from time to time
direct, and with such sureties as the City Council may approve, conditioned
for the faithful performance of their respective offices or positions,
and they will properly apply and account for all public moneys and
public property received by them. All bonds, including blanket bonds,
covering officers, employees and such Commissioners as there may be,
shall be filed in the office of the City Clerk and recorded in the
book to be kept for that purpose. The City Clerk and City Finance
Director shall file an official undertaking or bond in such sum and
at such time as the City Council may determine.
[Amended 1-2-1996 by L.L. No. 1-1996]
B.
Every person so elected or appointed shall, before
performing any of his/her duties, take the oath of office as prescribed
by the Public Officers Law. All such oaths shall be filed with the
City Clerk, except those of the Mayor and City Judge, which shall
be filed with the Clerk of Steuben County. As required by law, a copy
of the oath of the City Judge shall be filed in the Office of Court
Administration.
A.
Vacancies in elective or appointive offices shall
be created as described in Article 3, Section 30, of the Public Officers
Law.
B.
A tie in an election for a city office shall create
a vacancy in that office as of January first following the election.
C.
The resignation of any city or ward officer shall
be made in writing and filed with the City Clerk as specified in § 31
of the Public Officers Law.
[Amended 5-7-2007 by L.L. No. 3-2007]
D.
The Mayor of the city is removable by the Governor
of the State of New York.
E.
If any person whose term of office shall have expired
or who shall have been removed from office, or shall have resigned
his/her office, shall not, within 10 days after notice by the City
Council to do so, deliver to his/her successor in office or to the
person elected or appointed to perform corresponding duties under
this act, all moneys, property, books, papers and effects in his/her
possession or under his/her control belonging to the City or appertaining
to the office so formerly held by him/her, he/she shall forfeit and
pay to use of the City the sum of $100, besides all damages caused
by such neglect or refusal and the cost of suit.
A.
All vacancies in elective offices shall be filled
by appointment of the City Council. The term of office of an officer
or an officer appointed to fill a vacancy in an elective office shall
be until the commencement of the political year next succeeding the
first annual election after the happening of the vacancy at which
a successor may be elected to serve for the remainder of the term.
B.
All vacancies in appointive offices shall be filled
by the appointing power in the manner prescribed for the original
appointment, but only for the unexpired term.
A.
No member of the City Council or other city officer
shall be in any manner, directly or indirectly, interested in any
contract in which the city shall be interested as a party or otherwise;
and all such contracts in which such officer may be or become interested
shall thereby and thereupon be and become void.
B.
No member of the City Council shall hold any other
city or ward office except as follows:
(1)
As provided elsewhere in this Charter, one Council
member shall serve as Deputy Mayor.
[Amended 5-7-2007 by L.L. No. 5-2007; 3-6-2023 by L.L. No. 3-2023]
(2)
As provided elsewhere in this Charter, the Mayor shall
serve, ex-officio, as a member of committees, boards and commissions
[Amended 5-7-2007 by L.L. No. 1-2007].
(3)
Any Council member may serve as a member of a special
or temporary commission or committee other than those of the City
Council itself.
[Amended 5-7-2007 by L.L. No. 5-2007; 3-6-2023 by L.L. No. 3-2023]
C.
No salaried officer of the city shall retain for his/her
own use any fees for services pertaining directly or indirectly to
the duties of his/her office but all such fees shall be the property
of the city.
