Each officer of the city shall, before he enters upon the duties
of his office, take and file his official oath in accordance with
Article 13 of the Constitution and Section 10 of the Public Officers
Law, and for omission so to do, he shall be subject to all the liabilities
prescribed by Section 1820 of the Penal Law and the sections of the
Public Officers Law. Each Mayor, City Clerk, Finance Director, Acting
City Judge and City Judge shall, forthwith upon his election or appointment,
file a certificate with the Clerk of Chenango County of his election
or appointment to act, and also take and subscribe the constitutional
oath of office and file the same with the Clerk of the County of Chenango.
The City Clerk, Finance Director, and City Judge shall, before
he enters upon the duties of his office, execute and file an official
bond in accordance with the provisions of the General Construction
Law and the Public Officers Law, and for omission so to do, shall
be subject to the penalties and liabilities prescribed in Section
1820 of the Penal Law, and the provisions of the Public Officers Law;
otherwise than as herein provided, the penal sum named in any such
bond, or the sum specified in any undertaking as the maximum amount
of liability thereon, shall be fixed by the Common Council. All such
bonds shall be executed by the principal and by one (1) or more sufficient
sureties, and shall be approved by the Common Council.
Each Mayor, City Clerk, City Judge and Acting City Judge of
the city shall have the same power and authority to administer oaths
and take and certify affidavits and acknowledgements as Justices of
the Peace of towns in the County of Chenango.
[Amended 5-18-2010 by L.L. No. 1-2010]
Whenever any expenditure to be made or incurred by the Common
Council or any city board or officer in behalf of the city for work
to be done, or materials or supplies to be furnished, except ordinary
repairing of paved, macadamized and dirt streets, shall exceed such
amounts as are specified in Section 103 of Article 5-A of the General
Municipal Law of the State of New York for all contracts for public
works and for all purchase contracts, the City Clerk shall advertise
for and receive proposals therefor, in such manner as the Common Council,
or the Board or officer charged with making such contract, shall prescribe,
and the contract therefor shall be let to the lowest responsible bidder.
When the lowest bid, in the opinion of the Common Council, board or
officer charged with making the contract, is too high, it shall have
the right to reject it, and may discontinue or abandon the work, or
may direct the Clerk to advertise for new proposals. If, however,
the estimated expenditure by any board or officer does not exceed
such amounts as are specified in Section 103 of Article 5-A of the
General Municipal Law of the State of New York for all contracts for
public works and for all purchase contracts, the work may be done
without a public letting.
If the Common Council, after a public hearing upon any petition
presented to them for any public works project, determine that it
is to the best interest of the city not to contract for the performance
of the work to be done, they may direct the Department of Public Works
to proceed with the construction of said improvement with such city
employees as may be available. The cost of said improvement which
is to be assessed against adjacent property owners for cost shall
be assessed in accordance with the provisions of Title V of this Act.
No officer of said city or other person shall have power or
authority to make any purchase in behalf of, or on the credit of,
or to contract any debts or liabilities against, the city, unless
authorized so to do, by or in pursuance of the provisions of this
Act or general law; and no account, claim or demand of any kind shall
be allowed to paid unless so authorized. If any member of the Common
Council shall knowingly vote for any appropriation or for the payment
or expenditure of any moneys not authorized by this Act or in pursuance
of a special Act or general law, such officer shall be liable to a
penalty of one hundred dollars ($100.), to be recovered by the city
in a civil action, and shall be guilty of a misdemeanor. If any member
of the Common Council or of any city board shall knowingly pass any
resolution authorizing or purporting to authorize any expenditure
or money by the city for any purpose, exceeding the amount authorized
by or in pursuance of law, to be expended in any one (1) year by the
Common Council, each officer voting for such resolution shall be personally
liable for the amount of such excess, but the City of Norwich shall
not be liable therefor, and neither the Common Council nor any city
board or city officer shall pay any debt or expenditure so contracted
to be made. If any officer of the city authorized to make any contract
in his official capacity, or to take part in making any such contract,
becomes voluntarily interested in said contract, he shall be liable
to the penalty prescribed in Section 1868 of the Penal Law. If any
person having been an officer of said city, whose term of office has
expired, shall not within five (5) days after notification and request
deliver to his successor in office all property, papers and effects
of every description in his possession or under his control belonging
to said city or appertaining to such office, he shall be liable to
a penalty of one hundred dollars ($100.), to be recovered by the city
in a civil action, together with all damages caused by his neglect
or refusal, and he may also be proceeded against, as provided by the
Penal Law of the State of New York.
It shall be the duty of every Alderman to attend the regular
and special meetings of the Common Council; to act upon committees
when thereupon appointed by the Mayor or Common Council; to arrest
or cause to be arrested all persons violating the laws of the state
or ordinances, bylaws or police regulations of the city, when such
violations are committed in his presence; to report to the Mayor all
subordinate officers who are guilty of any official misconduct or
neglect of duty; to aid in maintaining peace and good order in the
city, and to perform or assist in performing such duties as are by
this Act enjoined upon the Aldermen of said city separately or upon
the Common Council thereof.
The Mayor shall be the chief executive of the city and shall
have and exercise all the powers conferred upon him and perform all
the duties required of him by this Act or by the general statutes
of this state, not inconsistent with this Act. It shall be his duty
to see that the laws of this state and the ordinances and bylaws passed
by the Common Council are faithfully executed within the city. He
shall sign, on behalf of the city, all written contracts made by it
or by any board or officer thereof, and cause the seal of the city
to be affixed thereto. He shall be the presiding officer and a member
of the Common Council with a casting vote in case of tie. He shall
have power and authority to call out and command the police and firemen
whenever in his discretion he shall deem it necessary, and such commands
shall be in all respects obeyed. Whenever necessary for the prevention
or suppression of public disturbances, mobs or riots, it shall be
his duty to take such action as is authorized by Sections 101 and
106 to 110 inclusive of the Code of Criminal procedure, Section 6
of the Military Law, and Section 71 of the General Municipal Law.
It shall be his duty to exercise a constant supervision and control
over the conduct of all city officers, and he shall have power and
authority to examine at all times the books, vouchers and papers of
any officer or employee of said city, and to take and hear testimony
and proof in pursuance of Sections 357 to 365, both inclusive, of
the Civil Practice Act. It shall be the duty of the Mayor to communicate
to the Common Council as soon after taking office as practicable,
and as often thereafter as he may deem expedient, a general statement
of the affairs of the city in relation to its finances, government
and improvement, with such recommendations as he may deem proper.
It shall be the duty of the Mayor to call a special meeting of the
Council whenever in his judgment it is required by public necessity.
In the absence of the Mayor, the President of the Common Council
shall perform the duties of Mayor, except that he shall not make any
appointments to or removals from office. In the event that the Mayor,
and President of the Common Council are both absent the Acting Mayor
shall perform the duties of the Mayor, except that he shall not make
any appointments to or removals from office.
The President of the Common Council and the Acting Mayor shall
be elected each year by the Common Council, as provided for in this
Act, and shall retain their vote as a member of the Common Council.
The Mayor may at any time in his discretion call together the
heads of the different boards and departments of the city government
for consultation and advice in regard to the affairs of the city;
and at such meetings he may call upon the heads of boards and departments
for reports in writing in regard to the transactions of the respective
departments, and it shall be the duty of such heads of boards and
departments to attend such meeting and submit such report to the Mayor
without delay. The City Clerk shall attend such meetings and may compile
a record of the transactions thereof.
In addition to any other duties set forth in this Act, the Director
of Finance shall be the fiscal officer of the city and shall perform
such duties incident to his office as the Common Council may require.
He shall have an office in the municipal building which the Common
Council shall provide and designate and said office shall be kept
open for such hours as the Common Council shall determine, subject
to any regulations as provided by the laws of the State of New York.
He shall keep separate accounts of the different funds of the city,
and shall not pay out any money chargeable to any fund in excess of
the amount standing on his books to the credit of such fund, and shall
not knowingly pay money from any fund which is not properly chargeable
thereto. All moneys received by the Director of Finance from any source
shall, within seven (7) days from the receipt thereof, be deposited
by said Director in one (1) or more national banks or trust companies
as herein provided for the deposit of city funds, to be drawn out
only for the payments made in accordance with the provisions of this
Act.
The Director of Finance shall, before the first meeting of the
Common Council in each month, file with the City Clerk a report showing
in detail the total expenditures and receipts of city moneys during
the next preceding calendar month, a summary statement of that portion
of the current fiscal year expiring with the last day of such preceding
month, and the balance at the end of such month standing to the credit
of each of the city funds. Such statement shall be in such form as
shall be prescribed from time to time by the Common Council. An abstract
of such report shall be published at least once semiannually in the
official newspaper of the city as designated by the Common Council.
Before entering upon the duties of his office, the Director of Finance
shall execute and file an official bond pursuant to Section 31 of
this Title of some solvent surety company, in such penal sum as may
be fixed by the Common Council in accordance with Section 14 of the
General Construction Law and Sections 11, 12 and 13 of the Public
Officers Law; and for omission so to do he shall be subject to the
penalties and liabilities prescribed by the Penal Law and Public Officers
Law. Such bond shall be approved by the Common Council. A certificate
of the City Clerk of such approval shall be enforced thereon and the
bond so endorsed shall be filed and recorded in the Clerk's office
of the County of Chenango in the same manner as the official bond
of Town Collectors. A true copy of such bond and certificate shall
be filed in the City Clerk's office.
The expense of the surety bond required by this section shall
be a charge against the city and shall be audited by the Common Council.
He shall enter daily in suitable books all sums of money received
by him, with the name of the person or corporation on whose account
the same shall be paid, and shall at the expiration of each month
exhibit the same in his office to the Mayor and to either the Common
Council or the Finance Committee for inspection. The Director of Finance
shall also enter in a column in the assessment rolls in his possession
opposite the names of the persons who pay their taxes or assessments
the fact of the payment and the date when paid. He shall also keep
a record of all persons, and their respective addresses, who may pay
taxes for nonresidents of said city, and the residence of such nonresidents,
so far as he can ascertain the same. The Chamberlain shall be the
custodian of all moneys, securities, obligations and other evidence
of debt belonging to the city. He shall annually, not later than March
31 following the fiscal year, settle with the Common Council, and
as much oftener as it may require, for all tax tolls and warrants
issued to him, for all moneys received or collected by him for all
purposes and produce the proper vouchers of all officers for all moneys
paid upon the warrants, drafts or orders of said officers. At the
time of the annual settlement and immediately preceding the expiration
of his term of office, or within such time after the annual settlement
as the Common Council may fix, he shall pay to his successor in office
all such moneys remaining in his hands, and deliver to such successor
in office all assessment rolls, books, papers, securities and property
belonging to said city or pertaining to the affairs of the city in
connection with the duties of his office.
He shall upon request, and the payment of fees therefor, make
certified copies of records and documents in his possession or under
his control as such Director of Finance, and affix the corporate seal
of the city to any such certificate, and such seal shall be deemed
to be his official seal and any such certified copy shall be received
in evidence as provided in the Civil Practice Act. He shall be entitled
to demand and receive fees as prescribed by the Common Council, not
inconsistent with state law, for such certified copies from each person
other than a city officer upon whose request any such certified copy
is made and delivered. He shall also make in duplicate an annual report
on the 31st day of December in each year and file one (1) in his office
and one (1) in the office of the City Clerk and shall perform all
other duties required by the general laws of the state.
Any deputy to the Director of Finance, before entering upon
the duties of the office, shall execute and file an official bond
of some solvent surety company in such penal sum as may be fixed by
the Council. The expense of the surety bond herein required shall
be paid by the City of Norwich and shall be audited by the Council.
In addition to any other duties set forth in this Act, the City
Clerk of the said city shall be the Clerk of the Common Council and
the Clerk of all boards and commissions provided by this Act. He shall
perform such other duties incident to his office as may be required
by the Common Council or by any such board or by law. He shall keep
the minutes of the meeting of the Common Council and of each board
of which he is the Clerk and shall record in the books to be kept
for that purpose all proceedings of the Common Council and of each
board and commission and index the same. He shall have charge, custody
and control of the corporate seal, books, papers, documents and official
minutes of the city, except as otherwise provided or in pursuance
of law. He shall, upon request and upon the payment of fees therefore,
make certified copies of records and documents in his possession or
under his control, and as such Clerk affix the corporate seal of the
city to any such certificate and such seal shall be deemed to be his
official seal and any such certified copy shall be received in evidence
as provided in the Civil Practice Act. He shall be entitled to demand
and receive fees for such certified copies as prescribed by the Common
Council and not inconsistent with state law, from each person other
than a city officer upon whose request any such certified copy is
made and delivered. He shall keep accurate account of all fees and
moneys received by him as such Clerk, other than his salary, and shall
on or before the tenth day of each month pay over all such fees and
moneys received by him during the month immediately preceding, to
the Director of Finance, to the credit of the general fund, for which
he shall take a receipt and file the same in his office. Such receipt
shall at all times be subject to examination by the Common Council
or any member thereof.
The Common Council may, by resolution at any time, combine or
consolidate the powers and duties of any officers or positions in
City government. The Common Council also is empowered to provide such
additional compensation to such officers or position holders for the
performance of such combined or consolidated duties as the Common
Council may determine.
In addition to any other duties set forth in this Act, the City
Attorney shall be and act as the sole legal adviser of the Mayor,
the Common Council and all the boards and all other officers of the
city. He shall, when directed by the Common Council, prosecute and
defend all actions and proceedings by and against the city and every
department thereof and perform such other professional services relating
to said city as the Mayor or the Common Council may direct. He shall,
when required, prepare all legal papers, contracts, deeds and other
instruments for the city and the different departments thereof. The
City Attorney shall at the expiration of his term of office deliver
to his successor in office, as soon as qualified, the record or register
of all suits or proceedings in which the city or any of its departments
may be a party, and also all papers on the part of its departments,
and also signed stipulations substituting his successors as Attorney
for the city in such suits or proceedings to the end that a substitution
order may be entered. All taxable costs and disbursements in cases
wherein the city is successful shall belong to the city when collected,
shall be paid to the Director of Finance and credited to and for a
part of the general fund of the city. He shall receive such compensation
for his services as the Common Council may designate and determine.
Whenever he is away from the City of Norwich on the business of said
city, then his actual expense shall be paid by said city after audit
by the Common Council the same as his bill for services is audited,
pursuant to Section 77b of the General Municipal Law He shall appear
for and protect the rights and interests of the city in all actions,
suits and proceedings brought by and against any city officer, board
or department; and such officers, boards or departments shall not
employ other counsel; and he shall attend to all the law business
of the city and discharge such other duties as any be prescribed by
the Common Council; and when authorized by the Common Council he may
employ counsel to assist in the conduct or argument of important cases
or proceedings in which the city is interested or to which it is a
party.
He shall pay over at once to the Director of Finance all moneys
collected by him for and on behalf of the city, including fines and
penalties, and shall annually on the 31st day of December, or at such
times as the Common Council may direct, file with the Mayor of the
city and with the City Clerk, an inventory of all the books and property
belonging to the city in his custody.
He shall, whenever he considers that the best interests of the
city shall be served thereby, enter into an agreement in writing,
subject to the approval of the Common Council, to compromise and settle
any claims against the city, which agreement shall be reported to
the Common Council at its next meeting and when approved it shall
be and constitute a valid obligation against the city; and the amount
therein provided to be paid shall, with interest thereon at six per
centum (6%) from its date, be included in the next city budget; and
when raised by tax be paid to the claimant. If, however, before the
adoption of the city tax budget, there shall be received by the Director
of Finance from any source any moneys not otherwise appropriated,
the amount in the agreement provided to be paid, when the amount to
be paid does not exceed five hundred dollars ($500.), shall be paid
out of such moneys so received so far as they will satisfy the same.
The Supervisors of the City of Norwich shall have the same powers
and duties as the Supervisors of the towns of the county except as
otherwise provided by the Local Finance Law, and shall be members
of the Board of Supervisors of the County of Chenango. They shall
receive the same compensation and fees, allowed by law in the same
manner, as Supervisors of towns. The Supervisors elected, appointed
or qualified under this Act shall be recognized by the Board of Supervisors
of Chenango County and be allowed to take their seats as members of
said Board and participate in all deliberations and proceedings of
said Board during their term of office. Other than as provided by
this Act, their term of office shall begin the first day of January
next after their election. They shall also discharge all other duties
imposed upon them by this Act, submit a periodic report to the Common
Council of the proceedings of the Supervisors of the County, and attend
the meetings of the Common Council when called. Each of the districts
of the city from which a Supervisor is elected shall be regarded as
a Town of Chenango County for the purposes specified in the Judiciary
Law respecting the selection, drawing and procuring the attendance
of trial jurors. The Supervisor of the first, second and third wards
together, and the Supervisor from the fourth, fifth and sixth wards
together, each Supervisor acting only for the wards for which he was
elected, and the City Clerk and Assessors of said city, shall perform
for said wards, respectively, the duties prescribed in said Judiciary
Law. A duplicate of each list of jurors selected by them respectively
shall be filed in the office of the City Clerk of said city, which
shall be deemed a Town Clerk's office for that purpose. The Supervisors
and Clerk and Assessor of said city shall meet in the Clerk's
office at the time provided by law, and proceed to discharge the duties
imposed upon them by the Judiciary Law, as aforesaid, and by this
Act; and the list made by them shall constitute the list of persons
to serve as trial jurors for the ensuing three (3) years. The Supervisors
elected under this Act and the Clerk and Assessors of said city shall
meet every third year thereafter for the same purpose and make and
file the lists so required of them. The Clerk shall furnish to the
City Judge certified copies of all such lists and from the names of
all such jurors in the city shall be drawn the trial jurors in actions
and proceedings in the City Court and before the City Judge.
The powers and duties of all other city officers shall be such
as are prescribed in this Act, or when not so prescribed, as provided
by general laws or ordinances of the Common Council applicable to
such officers.
No officer or servant of the city or any department thereof
shall in any manner be interested directly or indirectly in any contract
to which the city or department thereof shall be a party, for the
sale or hire of any property, merchandise or materials, or for furnishing
or performing any work, labor or services, except in respect to his
own compensation from the city or a department thereof or for the
granting of any franchise or privilege; and no officer elected or
appointed shall receive to his own use any prerequisite, emolument,
fee or compensation except his salary or pay from the city or department
thereof, except as provided in Section 83, for any act done or service
rendered by him in his official capacity, nor shall be accept or receive
for his own use any sum of money or valuable thing, fee or commission
upon or derive any advantage from the sale or hiring of any property
to or by the city or any department thereof. The violation of any
provision of this section shall be a misdemeanor and upon conviction
thereof, in addition to the penalties provided by law, such officer
shall forfeit his office.
It shall be the duty of all commissions and boards to meet any
time upon the request of the Mayor or if the Common Council shall
so require by resolution, and all boards and commissions shall carry
out and execute the provisions of any resolution adopted by the Common
Council requiring or requesting the performance of any duty imposed
upon such board or commission by the provisions of this Act, or if,
in the judgment of a majority of the Common Council, such board or
commission be required to do, perform or carry out any lawful act
not specially provided by this Act. Any neglect, failure or refusal
of such board or commission to comply with the provisions of any such
resolution within a reasonable time shall be deemed misconduct in
office and render the members of such board or commission so neglecting
failing or refusing, liable to removal from office in the manner provided
for the removal of city officers in Section 24 of this Act.