All appointive officers and employees in office or position when this act takes effect shall continue as such until the office or position is abolished or the officer or employee is removed pursuant to law.
When the appointment power submits to the council for confirmation the appointment of any person as head of a department or as one of a board constituting the head of the department as successor to an officer named, such submission shall be deemed equivalent to declaring a vacancy in the head of the department or in the board constituting the head of the department and is effective as a removal of the then incumbent without any action on the part of the council in regard to the confirmation of the new appointee.
When any appointment to an office or position, except a position included in the labor class as defined by the civil service law, is made, the appointing power shall file with the council a certificate of such appointment, stating (a) in detail the qualifications of the appointee and certifying that the appointee is fully qualified to fill the office or position or (b) that the appointee has been certified or approved by the commissioner of human resources for the appointment so made; and no appointment shall be effective which does not comply with the provisions of this section.
All appointed officers and employees of the City of Buffalo (except those expressly exempted under New York law) shall be residents of the City at the time of appointment or hire and maintain such residency during employment.
Residency shall mean a person's usual and customary place of abode where the individual lives and regularly stays, the place where the family of any person permanently resides and the place where any person having no family generally lodges.
Each appointing authority is responsible for verifying compliance with this residency requirement at the time of appointment or hire and continuation of compliance during employment.
All relevant sources of verification or documentation must be considered in determining an employee's residence. Where an employee's family permanently resides is a significant factor to consider in determining the employee's residence, but it is not however the only factor that needs to be considered. The following sources of verification or documentation should also be considered:
Voter's Registration
Street Directory
Driver's License
Correspondence
Telephone Directory
Bank Records (Account Address)
Utility Receipts
Insurance Policies
Visual Verification
Lease Agreement
Motor Vehicle Registration
Contract for Deed
Tax Receipts
Deed of Trust
This list is not all-inclusive, nor should any one item from this list be considered as absolute proof of residence or non-residence. All available information should be taken into consideration.
If the appointing authority believes that there is reason to suspect that an applicant or employee does not reside in Buffalo, the appointing authority shall refer such case to the commissioner of human resources for investigation.
Each appointing authority will be responsible for verifying continued residency by reexamination, on a random basis, of current residences of officers and employees. Signed annual statements of residency will be required, subject to collective bargaining obligations. Any officer or employee found not to be in compliance shall be terminated in accordance with law.
All persons applying for appointment by the city of Buffalo to the position of firefighter, police officer or any other full-time permanent position shall be fingerprinted.
All such persons shall complete an application for full-time employment by the city of Buffalo which shall contain the following language: "The applicant hereby consents to being fingerprinted and grants permission to the City of Buffalo and the New York state division of criminal justice services to take and use his or her fingerprints for the purpose of a criminal history record check."
All such persons shall be investigated by the commissioner of human resources by means including, but not limited to, the submission of a full set of the applicant's fingerprints to the Buffalo police department and the New York state division of criminal justice for a criminal history record check.
No new offices except such as are provided for in this act, and no new positions shall be created, except with the approval of the council and upon the certification by the appointing power and by the director of the budget to the council that the creation of such new office or position is necessary for the proper conduct and administration of the department, board, commission or other city agency in which said new office or position is sought to be created, and stating specifically the reasons therefor, except that such certification by the director of the budget shall not be necessary for the creation by the common council of new offices and positions pursuant to section 3-21 hereof.
[Amended 8-22-2002 by L.L. No. 12-2002,[1] effective 12-1-2002; 1-6-2004 by L.L. No. 1-2004, effective 1-20-2004; 5-21-2004 by L.L. No. 4-2004, effective 6-10-2004; 7-20-2004 by L.L. No. 6-2004, effective 8-10-2004; 12-26-2006 by L.L. No. 1-2007, effective 1-17-2007; 6-23-2016 by L.L. No. 2-2016, effective 7-1-2016; 6-11-2019 by L.L. No. 3-2019; 10-3-2023 by L.L. No. 2-2023; 7-23-2024 by L.L. No. 2-2024]
A mayor elected under this act shall receive an annual salary of one hundred and seventy-eight thousand five hundred eighteen dollars and fifty-five cents. The comptroller shall receive an annual salary of one hundred thirty-four thousand five hundred and ninety dollars and eight-five cents. Each council member shall receive an annual salary of eighty-four thousand four hundred seventy-two dollars and fifty cents. Each of the aforementioned elective officials may choose to refuse any increase in annual salary if, in his or her opinion, the fiscal times so warrant. Any such refusal must be in writing and directed to the comptroller and the commissioner of administration and finance, and shall not affect the salary of future office holders or of the same individual if elected to a different office.
The council president elected from the membership of the council shall receive, in addition to the salary above provided, the annual sum of fifteen thousand dollars. The council shall designate a majority leader and a minority leader, each of whom shall serve at the pleasure of the council. Any council member serving as a majority leader shall receive, in addition to the salary above provided, the annual sum of ten thousand dollars, and any council member serving as minority leader shall receive, in addition to the salary above provided, the annual sum of twenty-five hundred dollars, and sums to be paid such majority leader or minority leader, respectively, only while performing the additional duties. Any council member serving as and performing the additional duties of President Pro Tempore of the Common Council shall receive, in addition to the salary above provided, the annual sum of six thousand dollars, said sums only to be paid while performing the additional duties. Any council member serving as and performing the additional duties of chairman of the following committees of the common council shall receive, in addition to the salary above provided, the annual sum of six thousand dollars: chairman of finance committee; chairman of legislation committee; chairman of civil service committee, chairman of community development committee, chairman of education committee and chairman of claims committee.
The failure of any council member or of the president of the council to attend any stated meeting of the council provided in this act or any meeting of the committee of the whole provided in the rules of the council, unless the council at such meeting, by a two-thirds vote of all the members elected thereto, excuse such failure to attend such meeting for reasons to be stated in the resolution of the council, shall result in a deduction equal to a one-fiftieth part of the salary of a council member for each such failure, and such deduction shall be made in certifying the payroll.
[1]
Editor's Note: This local law was approved by the voters at the general election held 11-5-2002.
[Amended 6-11-2019 by L.L. No. 3-2019; 10-3-2023 by L.L. No. 2-2023; 7-23-2024 by L.L. No. 2-2024]
The council may provide an annual salary not exceeding twenty-eight thousand dollars per year for each member of the board of education, but in fixing such salary it shall be provided that the failure of any member of such board to attend any stated meeting, unless the board at such meeting, by a two-thirds vote of all the members elected thereto, excuse such failure to attend such meeting for reasons to be stated in the resolution of the board, shall result in a deduction from his annual salary of one-fiftieth part thereof for each such failure and such deductions shall be made in certifying the payroll.
The council shall have the exclusive power to fix the salary or compensation of every, officer and employee of the city other than those enumerated in section 24-12 and section 24-13. Except as otherwise provided by the council by resolution:
(a) 
Whenever the base salary of permanent full-time employees of the department of police who are members of the Police Benevolent Association is increased pursuant to collective bargaining, the salary of exempt and non-competitive employees of the department of police shall be increased by the same percentage dollar amount received by such non-exempt employees;
(b) 
Whenever the base salary of permanent full-time employees of the department of fire who are members of local 282 is increased pursuant to collective bargaining, the salary of exempt employees of the department of fire shall be increased by the same percentage dollar amount received by such non-exempt employees; and
(c) 
Whenever the base salary of permanent full-time employees of any other department who are members of local 650 is increased pursuant to collective bargaining, the salary of exempt employees of that department shall be increased by the same percentage dollar amount received by such non-exempt employees of that department.
No such salary shall be hereafter raised nor fixed except upon the written recommendation of the head of the department or other city agency and also of the director of the budget, and in the event that it is decided to hereafter raise or fix the salary of any head of department or city agency, the written recommendation of the appointing power in respect thereof shall be required.
The council shall not increase the compensation of any office or position, except compensation upon a per diem basis, during any fiscal year after the same shall have been fixed and provided for in the budget for such fiscal year except upon the certification of the mayor and the comptroller that the interests of the city will be subserved thereby.
No person elected or appointed to any salaried office under this act shall, during his or her term of office, hold any other public office whatever, except that of notary public or commissioner of deeds. If any person holding any such salaried office shall accept any other public office, he or she shall thereby cease to hold his or her office under this act.
The provisions of this section shall not prevent a person elected or appointed to any salaried office under this act during his or her term of office from serving as an appointive, nonsalaried member of any board, commission, committee or other body of the state of New York unless a conflict of interest or duty should arise therefrom.
The mayor, comptroller, president of the council and director of the treasury each shall, before he or she enters upon the duties of his or her office, execute an official undertaking in such an amount as the council may prescribe by ordinance. The council may, by ordinance, require any other officer or any employee to give a like undertaking, the amount of which shall be fixed in such ordinance. Each official undertaking shall be conditioned and executed in the manner and form prescribed by general law and the sureties thereon shall justify in such manner and form.
Any officer of the city or any member of any board authorized by the council to make any investigation, hear any complaint or conduct any proceedings in the form of a trial, shall have power to administer oaths and issue subpoenas. In case any such witness shall refuse to appear or answer any proper question, he or she may be ordered so to do by a justice of any court of record and punished for his or her disobedience of any such order in the method provided in section 3-7 of this act.
Any person in the employ of the city who, upon being hereinafter called before a grand jury to testify concerning the conduct of his present office or employment or of any public office or employment held by him within five years prior to such grand jury call to testify, or the performance of his official duties in any such present or prior offices or employment, refuses to sign a waive of immunity against subsequent criminal prosecution or to answer any relevant question concerning such matters before such grand jury, shall by virtue of such refusal, be disqualified from holding any other public office or public employment for a period of five years from the date of such refusal to sign a waiver of immunity against subsequent prosecution, or to answer any relevant question concerning such matters before such grand jury, and shall be removed from his present office or employment by the appropriate authority or shall forfeit his or her present office or employment at the suit of the corporation counsel.
Dog license clerks and dog enforcement clerks shall be authorized to issue appearance tickets for violations of article seven of the agriculture and markets law and violations of the appropriate ordinances of the city of Buffalo. Said appearance tickets to be issued by dog license clerks and dog enforcement clerks shall conform with the provisions of the criminal procedure law.
Members of the department of fire of the city of Buffalo, who are assigned to the fire prevention bureau, shall be authorized to issue appearance tickets for violations of the appropriate ordinances of the city of Buffalo. Said appearance tickets to be issued by members of the Buffalo fire department assigned to the fire prevention bureau shall conform with the provisions of the criminal procedure law.
Members of the department of public works, parks and streets of the city of Buffalo, whose duties include enforcement of the ordinances of the city of Buffalo, relating to streets and sanitation shall be authorized to issue appearance tickets for violations of said ordinances. Said appearance tickets to be issued by members of the department of public works, parks and streets of the city of Buffalo shall conform with the provisions of the criminal procedure law.
Supervisors and superintendents and assistant superintendents within the department of public works, parks and streets, whose duties include enforcement of the ordinances of the city of Buffalo relating to streets and sanitation shall be authorized to issue appearance tickets for violations thereof. Said appearance tickets to be issued by members of the department shall conform to the provisions of the criminal procedure law.
(a) 
Except as permitted by paragraph (c) of this section, a city officer or employee shall not knowingly request or knowingly authorize anyone else to request in his or her name any direct subordinate of the officer or employee to participate in an election campaign or contribute to a political committee.
(b) 
Except as permitted by paragraph (c) of this section, a city officer or employee shall not request or knowingly authorize anyone else to request such participation or contribution from any person who, to the knowledge of the officer or employee, has pending any business dealing with the city or any application for discretionary regulatory action by the city.
(c) 
This section shall not prohibit a general solicitation of a class of persons, other than a class of city officers and employees, of which a subordinate officer or employee happens to be a member. This section shall not prohibit an elected officer from requesting participation in an election campaign by an officer or employee who is appointed by and directly subordinate to the elected officer and who serves in the exempt classification or the unclassified service under the civil service law.
(d) 
Violation of this section shall be a misdemeanor.
[Added 7-25-2000 by L.L. No. 11-2000, effective 8-9-2000]
(1) 
The City of Buffalo hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 86, Laws of 2000.
(2) 
The commencement date of the retirement incentive program shall be October 3, 2000.
(3) 
The open period during which eligible employees may retire and receive the additional retirement benefit, shall be 90 days in length.
(4) 
The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employee's Retirement System and it shall be paid by the City of Buffalo for each employee who receives the retirement benefits payable under this Local Law.
(5) 
This local law shall take effect immediately.
(6) 
The City of Buffalo's joint Council/Administration/Union/Comptroller Budget Committee is responsible to oversee and make recommendations to manage the workforce.
[Added 6-11-2002 by L.L. No. 7-2002, effective 6-26-2002]
(1) 
The City of Buffalo hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 69, Laws of 2002.
(2) 
The commencement date of the retirement incentive program shall be July 1, 2002.
(3) 
The open period during which eligible employees may retire and receive the additional retirement benefit, shall be 60 days in length.
(4) 
The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System and it shall be paid by the City of Buffalo for each employee who receives the retirement benefits payable under this Local Law.
(5) 
This local law shall take effect immediately.
(6) 
The City of Buffalo's joint Council/Administration/Union/Comptroller Budget Committee is responsible to oversee and make recommendations to manage the workforce.
Effective July 1, 1999, exempt employees of any department, which department has permanent full-time employees who are members of local 650, shall receive an annual longevity payment in the same amount as prescribed by the longevity schedule in the local 650 collective bargaining agreement.