The Mayor and the Councilmen of the city shall
constitute the Council thereof and the Mayor shall be a member of
the Council and a Councilman for all the purposes of this Charter.
[Amended 7-15-1981 by L.L. No. 4-1981; 7-9-2014 by L.L. No.
2-2014]
A. The legislative
power of the City and the determination of all matter of policy shall
be vested in the Council.
B. It shall
be the duty of the Council to require that all City officers faithfully
perform their duties, maintain peace and good order within the City,
and cause the laws, local laws and ordinances to be enforced within
the City.
C. The Council
shall appoint the City Manager as hereinafter provided and shall appoint
a Corporation Counsel or hire an attorney as an independent contractor.
Such Counsel or attorney shall be engaged in the practice of law in
this state for at least five years immediately preceding his appointment
or hiring. The Council shall also have approval authority over the
appointment of the Police Commissioner.
[Amended 10-9-2014 by L.L. No. 6-2014]
D. The Council
shall supervise the work of the boards, commissions and officers appointed
by the Council or the Mayor with the approval of the Council and such
boards, commissions and officers shall be responsible directly to
the Council.
E. The Council
may require any officer or employee to render to it a verified account
of all moneys received or disbursed by him and to appear and submit
to an examination under oath by the Council or any committee thereof
as to any matter in connection with his official duties. A willful
refusal or neglect to obey any such order shall be deemed sufficient
cause for a fine not to exceed $100, suspension without pay for a
period not exceeding two months or removal from office or employment.
F. The Council
shall award all contracts for public work and all purchase contracts,
requiring competitive bidding under the General Municipal Law.
G. The Council
shall have the authority at all times to examine the books, papers
and accounts of any board, commission, department, office or agency
of the City.
The Council may make investigations into the
affairs of the city and the conduct of any board, commission, department,
office or agency thereof and for this purpose may subpoena witnesses,
administer oaths, take testimony and require the production of evidence.
Any person who fails or refuses to obey a lawful order issued in the
exercise of these powers by the Council shall be guilty of an offense
punishable by a fine of not more than $100, or by imprisonment for
not more than 30 days, or both, and such offense shall constitute
sufficient cause for suspension without pay for a period not exceeding
two months or removal from office or employment.
The Council shall provide for an independent
annual audit of all city accounts by a certified public accountant
who has no personal interest, direct or indirect, in the fiscal affairs
of the city government or any of its officers, and may provide for
more frequent audits as it deems necessary.
The Council may declare the office of any member
of the Council to be vacant if he absents himself from regularly scheduled
meetings for three months or more, but no vacancy shall be declared
except by the vote of at least five members of the Council after the
delinquent member has been heard or failed to appear on notice.
[Amended 9-15-1971 by L.L. No. 3-1971; 10-19-2000 by L.L. No.
6-2000]
A. The Council shall meet at the City Hall or at such
other place in the city as the Mayor may designate at any time within
the first two (2) weeks of January in each year, and at such other
times as hereinafter provided. The Council shall hold stated meetings
at least twice a month, except that for the months of June through
September only one (1) stated meeting per month need be held. The
Mayor, or any two (2) Councilmen, may call special meetings by giving
at least a twenty-four-hour written notice thereof.
B. Meetings of the Council shall be public, except when
public interest requires otherwise, but votes shall only be taken
in public session. Its records shall be open to public inspection.
C. The Mayor shall preside at all meetings, but shall
have no power of veto. Four (4) members of the Council shall constitute
a quorum to do business, but a smaller number may adjourn from time
to time and compel the attendance of absent members. Each member present,
including the Mayor, shall have only one (1) vote. The Mayor must
vote when the votes of the other members are tied. The Deputy Mayor
shall preside at all meetings when the Mayor is absent and, in such
case, shall vote as Mayor but not as Councilman.
D. The adoption of local laws shall be governed by the
provisions of the Municipal Home Rule Law. Notice of public hearings
on local laws shall be given by publication once in the official newspaper
at least five (5) days prior to such hearing.
E. The passage of an ordinance shall require the affirmative
vote of at least four (4) members of the Council, except as otherwise
provided by law, and such vote shall be taken by roll call. No ordinance
shall be adopted on the same day it is introduced, except in an emergency.
Any ordinance imposing a penalty or forfeiture for the violation thereof
shall require a public hearing thereon, notice of which shall be given
by publication once in the official newspaper at least five (5) days
prior to such hearing, and such ordinance shall, before taking effect,
be published at least once in the official newspaper, except as hereinafter
provided. In the event of a situation requiring immediate operation
of such ordinance imposing a penalty or forfeiture for the violation
thereof, it shall take effect as soon as proclaimed by the Mayor and
posted in five (5) public places in the city. The City Clerk shall
keep a record of each ordinance, which record shall include his attestation
and, when published, a certificate of such publication. Such record
or a certified copy thereof shall be presumptive evidence of the proper
passage of the ordinance.
F. The Council shall, by resolution, designate a newspaper
circulated regularly at least once a week in the city as the official
newspaper of the city.
G. The Council may prescribe rules to govern its proceedings.