[Amended 7-16-2003 by L.L. No. 3-2003[1]]
A.
The Council shall appoint a City Manager for an indefinite
term on the basis of his/her executive and administrative qualifications.
He/she need not be a resident of the city at the time of his/her appointment,
but shall be a resident of the County of Westchester during his/her
tenure of office.
B.
Purpose. The City Council finds that due to the relatively
small population of the City of Rye, it is not always possible to
fill certain appointive offices in city government requiring municipal,
administrative or financial expertise with city residents who are
fully qualified to hold such positions. The Council further finds
that pursuant to Section 10 of the Municipal Home Rule Law it is authorized
to appoint qualified residents of Westchester County outside of the
city to hold the office of City Manager when a qualified person who
is a city resident is unavailable.
[1]
Editor's Note: This local law also provided
that it would apply to all persons currently holding the position
of City Manager as well as any person hereafter appointed to fill
such office.
A.
The City Manager shall be the chief administrative
officer of the city. He shall be responsible to the Council for the
administration of all city affairs placed in his charge.
B.
Subject to Article 12, § C12-1A, he shall appoint a City Comptroller, City Clerk, City Engineer, City Assessor, Building Inspector, City Marshal, Registrar of Vital Statistics and the heads of such other departments as may hereafter be created by the Council. All such officers shall in the performance of their duties be subject to the directions and supervision of the City Manager. Except for the Police Department, he may also appoint all subordinates in the departments headed by such officers, or he may authorize any administrative officer who is subject to his direction and supervision to exercise such power, subject to his approval, with respect to subordinates in that officer's department, office or agency.
[Amended 9-17-1980 by L.L. No. 7-1980; 10-14-1981 by L.L. No.
6-1981; 10-9-2014 by L.L. No. 6-2014]
C.
Subject to Article 12, § C12-1A, he shall, when he deems it necessary for the good of the service, suspend or remove any city officer or employee whom he may appoint or employ, except as otherwise provided by law.
(1)
He may,
during the absence or disability of the City Comptroller, City Clerk,
City Assessor or the head of any other office or department under
his direction and supervision, assume all the powers of such office
or department; and also, with the exception of the Police Commissioner,
he may designate one of the employees in such office or department
as a deputy who shall have the powers and duties of the City Comptroller,
City Clerk, City Assessor or the head of such other office or department,
as the case may be, during the absence or disability of such officer
or during a vacancy in such office or department. With respect to
the Police Commissioner, the Manager shall obtain the consent of the
Mayor and City Council.
[Amended 10-9-2014 by L.L. No. 6-2014]
D.
He shall see that all laws, provisions of this Charter
and acts of the Council, subject to enforcement by him or officers
subject to his direction and supervision, are faithfully executed.
E.
He shall, with the advice and assistance of the City
Comptroller, prepare and submit the annual tentative budget to the
Council.
F.
He shall submit to the Council within two months after
the close of each fiscal year a complete report on the finances and
administrative activities of the city.
G.
He shall make such other reports as the Council may
require concerning the operations of city departments, offices and
agencies subject to his direction and supervision.
H.
He shall keep the Council fully advised as to the
financial condition and future needs of the city and make such recommendations
to the Council concerning the affairs of the city as he deems desirable.
I.
He may, during the absence or disability of the City
Comptroller, City Clerk, City Assessor or the head of any other office
or department under his direction and supervision, assume all the
powers of such office or department; and also, he may designate one
of the employees in such office or department as a deputy who shall
have the powers and duties of the City Comptroller, City Clerk, City
Assessor or the head of such other office or department, as the case
may be, during the absence or disability of such officer or during
a vacancy in such office or department.
J.
He shall have control and supervision of the purchasing
of supplies, materials and equipment by any board, commission, department,
office or agency of the city, except where competitive bidding is
required by the General Municipal Law.
K.
He may prescribe and enforce rules and regulations
for the efficient management of the city government not inconsistent
with law, this Charter or local law.
L.
He may examine the books, papers and accounts of any
department, office or agency of the city under his direction and supervision
as often as he may deem proper.
M.
He may make, or in his discretion delegate the power
to make, all decisions on operating matters, subject always to budgetary
limitations and policy decisions of the Council.
N.
He shall attend all meetings of the Council and Planning
Commission but may not vote. He shall be given notice of and may attend
all meetings of all other boards and commissions but may not vote.
O.
He shall cooperate with all boards, commissions, departments
and officers not under his supervision and shall furnish such information
as they may reasonably request.
P.
He shall perform such other duties as may be required
by law, this Charter or the Council.
All matters involving policy shall be submitted
by the City Manager to the Council and the Manager shall not take
a public position on any such matters of policy unless and until the
Council shall have approved the same.
The Council may remove the City Manager at any
time as provided in this section. At least thirty (30) days before
such removal shall become effective, the Council shall by a vote of
at least four (4) members of the Council adopt a preliminary resolution
stating the reasons for his removal and may suspend the Manager from
duty for a period not to exceed forty-five (45) days. The Manager
may reply in writing and may request a public hearing, which shall
be held not earlier than twenty (20) days nor later than thirty (30)
days after the filing of such request. After such public hearing,
if one be requested, and after full consideration, the Council may,
by a vote of at least four (4) members thereof, adopt a final resolution
of removal. The Manager shall continue to receive his salary for at
least three (3) months after the adoption of the preliminary resolution,
except that where the removal is for misconduct, his salary need not
be paid during suspension and the payment of his salary may terminate
at any time after the adoption of the preliminary resolution.
The City Manager shall designate a qualified
city administrative officer to exercise the powers and perform the
duties of Manager during his absence or disability. The Council may
revoke such designation at any time and appoint another officer of
the city to serve until the Manager shall return or his disability
shall cease.
[Added 1-19-2000 by L.L. No. 1-2000]
In the event that the office of City Manager
becomes vacant for any reason, the Council shall designate a qualified
city administrative officer to exercise the powers and perform the
duties of Manager until the appointment of a Manager has been made
in accordance with the Charter. The person designated to act as Manager
in the interim shall be a resident of the County of Westchester.
