[Amended 9-18-1991 by L.L. No. 10-1991; 2-16-1993 by L.L. No. 3-1993; 8-3-1999 by L.L. No. 1-1999; 12-20-2011 by L.L. No. 6-2011]
The officers of said Village shall consist of a Mayor, four Trustees, a Village Manager, a Clerk, a Treasurer, a Corporation Counsel and such other officers as are hereinafter named.
[Amended 8-3-1999 by L.L. No. 1-1999]
No person shall vote upon any proposition to raise a tax or appropriate the same at any election unless he or she shall at the time be a resident of the Village and otherwise qualified to vote under the Election Law; but no resident of said Village shall vote for any Commissioner of Highways of the Town of Ossining; nor for the appropriation of raising any money for highway purposes outside the limits of said corporation in said Town of Ossining. And for the purpose of carrying out this provision, the Town Clerk of the Town of Ossining shall provide at the annual or special town elections in and for said town, ballots for each election district and ballot boxes, labeled "Commissioners of Highways" or "appropriations," and shall cause to be printed therefor the necessary ballots in the form prescribed by law, and there shall be received only and deposited in said ballot boxes the ballots for said office or appropriations of the qualified electors residing outside of the corporate limits of said Village and, after canvassing the returns for the other town officers of said town, the inspectors shall canvass, make and file a separate return of the votes so cast in the manner required by the Election Law.
[Amended 8-3-1999 by L.L. No. 1-1999]
The official year begins at noon on the first day of January in each calendar year. The term of office of each said elective officer shall begin at noon on the first day of January after their election. The terms of office of such elective officers shall be two official years.
The designation and nomination of candidates for elective Village office shall be in accordance with the method of designation and nomination heretofore adopted and utilized for candidates for elective Village office and as provided for by the Village Law and Election Law.
The annual election in the Village of Ossining, New York, for the election of all elective officers under this Charter shall be held and conducted coincident to and in conjunction with the general elections, using the general election officers and machinery, and held in accordance with and as provided by the Election Law.
[Amended 6-20-1989 by L.L. No. 5-1989; 6-20-1989 by L.L. No. 9-1989; 8-3-1999 by L.L. No. 1-1999]
The Mayor and the Trustees are elective officers, and shall be elected in the manner prescribed in § C2-6 of this article.
[Amended 6-20-1989 by L.L. No. 5-1989; 6-20-1989 by L.L. No. 9-1989; 9-18-1991 by L.L. No. 10-1991; 2-16-1993 by L.L. No. 3-1993; 1-16-1996 by L.L. No. 2-1996; 5-27-1997 by L.L. No. 2-1997; 8-3-1999 by L.L. No. 1-1999; 6-1-2004 by L.L. No. 10-2004; 9-16-2005 by L.L. No. 1-2005; 12-20-2011 by L.L. No. 6-2011; 6-21-2017 by L.L. No. 5-2017]
The Village Manager, Clerk, Corporation Counsel and Village Treasurer are appointive officers. The Village Manager, Clerk and Corporation Counsel shall be appointed by the Board of Trustees and the Treasurer shall be appointed by the Village Manager, and such appointment shall be ratified by the Board of Trustees. Such officers shall be appointed at the first regular meeting in January immediately following the expiration of their respective terms and shall take office immediately. All officers so appointed must be residents of the Village and be qualified to vote under the provisions of this Charter, except that the Board of Trustees, by resolution, may permit the Village Manager to reside any place within Westchester County, the Clerk and Treasurer to reside any place within Westchester County or any adjoining county and the Corporation Counsel to reside in any place within the Town of Ossining. The Village Manager and the Corporation Counsel shall serve at the pleasure of the Board of Trustees. The Clerk shall be appointed for a term of four years. The Treasurer shall be appointed for a term of three years. Nothing herein to the contrary withstanding, the Board of Trustees, upon the consent of the Town Clerk and the Town Board, may appoint the Town Clerk the Village Clerk. All other appointive officers, except the Chief of Police and patrolmen herein provided for, shall be appointed by the Village Manager at such salary and for such terms as may be fixed and determined.
The Clerk of the Village shall, within three days after the election or appointment of a Village officer, notify each person elected or appointed of his or her election or appointment and of the date thereof, and that he or she is required to file his or her oath of office with such Clerk before entering upon the duties thereof and, if an official undertaking is required of him or her by or in pursuance of law, that he or she is also required to file the same with such Clerk, and that upon his or her failure so to do, he or she will be deemed to have declined the office. If an undertaking is required of a Village officer, by or in pursuance of law, after entering upon the duties of such office, the Clerk shall thereupon serve upon such officer personally, a written notice that he or she is required to file such undertaking with the Clerk, within 10 days after the service of the notice and that, upon his or her failure to do so, his or her office will become vacant.
All resignations of office under this Charter shall be made, in writing, to the Trustees, subject to their acceptance.
Whenever a vacancy shall occur in any of said offices for any cause, said Trustees shall appoint a qualified person to fill such vacancy; if an elective office, until the next Charter Election, when the vacancy shall be filled at said election for the unexpired term of such office; if an appointive office, the Trustees shall appoint a qualified person to fill such unexpired term. No person shall hold more than one office either elective or appointive under this Charter, and all officers shall continue to hold their respective offices until their successors shall have duly qualified under this Charter.
In case of a failure to elect any elective officer, the Board shall appoint the time and place for holding a special election, and give notice thereof in the usual manner.
All officers elected or appointed under this Charter, shall, before entering upon the duties of their respective offices, take and subscribe the oath or affirmation of office prescribed by law.
Except as hereinafter provided, Trustees shall have power to remove all persons elected or appointed under this Charter at any time, for cause shown, based upon charges preferred in writing, and after a hearing to the accused, and to appoint their successors and to exercise all other powers conferred on them by this Charter for any purpose whatever.
[Amended 8-3-1999 by L.L. No. 1-1999; 12-20-2011 by L.L. No. 6-2011]
The Corporation Counsel, Treasurer and Deputy Treasurer shall, severally, before they enter upon the duties of their respective offices, execute to the Mayor and Trustees of the Village of Ossining their successors or assigns a surety company bond in such sum and with such surety company as the Board of Trustees shall approve, conditioned that they shall faithfully execute the duties of their respective offices, and account for and pay over, according to law, all money received by them respectively, which bond, with the approval of the Board of Trustees thereon, certified by the Clerk, shall be filed with the Clerk of the Village, and the Trustees shall have power to require of any officers appointed by them, a surety company bond for the faithful performance of their duties, in such amounts as said Trustees shall approve. The Board of Trustees may at any time require any such officer or employee to file a new official bond for such sum and with such surety company as the Board may approve.
[Amended 8-3-1999 by L.L. No. 1-1999]
If a person who has been an officer of the Village refuses or neglects to deliver to his or her successor in office, within 10 days after notification and request, all the moneys, books, papers, records, property and effects of every description which have come into his or her possession or under his or her control by virtue of his or her office and belonging to the Village or appertaining to the office, he or she shall forfeit and pay to the Village the sum of $100 for each and every day he or she shall so neglect or refuse, and also all damages, costs and expenses caused by such neglect or refusal.