There shall be a Mayor who shall be the chief executive officer and administrative head of the City government The executive power of the City is vested in the Mayor and in such executive offices and departments as are presently set forth in the Code of the City of Albany, or as subsequently created, modified, combined or discontinued by a duly enacted local law of the Common Council.
The Mayor shall be responsible for the day to day administration and supervision of all City affairs, executive officers, and departments, offices and agencies of the City, except offices headed by an elected official.
The Mayor shall have sole authority to appoint and remove all nonelected City department and office heads, who shall serve at the pleasure of the Mayor. Effective January 1, 2007, the Mayor's authority to appoint all nonelected City department heads (Department of Water and Water Supply, Department of Assessment & Taxation, Department of Youth & Workforce Services, Department of General Services, Department of Recreation, Department of Development & Planning, Albany Police Department, Albany Fire Department, Department of Administrative Services, Department of Law, Department of Public Safety, and such other departments that are created from time to time) shall be subject to the advice and consent of the Common Council. This advice and consent authority shall be applicable to new appointments after January 1, 2007, only. The Common Council must either confirm or reject any such appointment within 45 days of the Mayor's filing of a written notice of appointment with the City Clerk. In the event the Common Council fails to timely approve or disapprove the appointment, the appointment shall be deemed confirmed. In the event the Common Council timely rejects the appointment, the Mayor shall make a new appointment for such position, which shall also be subject to confirmation pursuant to the above procedure.
[Amended at referendum 11-7-2006]
Within 30 days after first taking office, the Mayor shall designate a deputy to perform any of the Mayor's duties, with the exceptions outlined above, during a limited period of absence or inability to perform, by filing a written notice with the City Clerk.
[Added at referendum 11-7-2006]
The Mayor shall take care that the laws of the state, together with all local laws, resolutions and ordinances of the Common Council are faithfully executed and enforced within the City.
The Mayor shall appoint the members of all boards, authorities and commissions, except as otherwise required by State or local law The Mayor's appointment of members to the Zoning Board of Appeals and the Planning Board shall be subject to the advice and consent of the Common Council. The Common Council must either confirm or reject any such appointment within 45 days of the Mayor's filing of a written notice of appointment with the City Clerk. In the event the Common Council fails to timely approve or disapprove the appointment, the appointment shall be deemed confirmed. In the event the Common Council timely rejects the appointment, the Mayor shall make a new appointment for such position, which shall also be subject to confirmation pursuant to the above procedure. No such appointee shall hold office beyond the term of the Mayor by whom the appointment was made, except as otherwise provided by state law or local law. Any such appointee may be removed for cause by the Mayor, following notice of the grounds for removal and an opportunity to be heard. No City employee shall be appointed to serve on a board, commission or authority which has a fixed term of office, unless the enabling legislation for such board, commission or authority so authorizes.
The Mayor may examine the books, vouchers and papers of any board, commission, department, officer or employee of the City and by the issuance of a subpoena, summon and examine under oath any person in relation thereto. The Mayor may require a member of any board, office, commission or department of the City to furnish the Mayor with any information, data and reports; neglect or refusal to furnish the same shall be deemed misconduct or incompetence on the part of the official or person neglecting or refusing to comply. The authority conferred upon the Mayor by this section shall not extend to the Common Council or Council Members.
On or before October 1st of each year, the Mayor shall submit a proposed budget to the Common Council for the ensuing year as provided in Section 603 of the Charter.
Except as otherwise provided by law and this Charter, the Mayor shall negotiate and execute on behalf of the City all contracts and agreements required to be executed as an act of the City.
The Mayor shall have such other powers and duties as are provided by state law, this Charter, local law, ordinance or resolution.
Except as stated in Article 6 pertaining to the budget, or as otherwise provided by state law, the Mayor shall have the power to veto any local law, ordinance or resolution passed by the Common Council, except such ordinances or resolutions which relate solely to the rules and regulations of the Common Council, a non-binding statement of its policies and concerns, and such other matters concerning the conduct, procedures and internal organization and operation of the Common Council.
Subject to the limitations set forth in Subparagraph (a) above:
A copy of every local law, ordinance or resolution shall be separately certified by the City Clerk and presented to the Mayor for review and approval within three business days after passage.
In the case of an ordinance or resolution, the Mayor may exercise such veto power within 10 days of receipt of a certified copy from the City Clerk. With respect to a local law, the Mayor may exercise such veto power within 30 days following receipt of a certified copy from the City Clerk.
If the Mayor approves such local law, ordinance or resolution, the Mayor shall sign it and return it to the City Clerk and it shall be deemed adopted and will take effect pursuant to the provisions of the Municipal Home Rule Law.
If the Mayor vetoes such local law, ordinance or resolution, it shall be returned to the City Clerk with the objections stated in writing; the City Clerk shall present the same with the objections stated to the Common Council at its next regular meeting. The Common Council, within 30 days thereafter, may by a two-thirds vote of all the members of the Common Council, override such veto in which case the local law, ordinance or resolution shall be deemed adopted and will take effect pursuant to the provisions of the Municipal Home Rule Law; except that legislation authorizing bond debt shall require a three-fourths vote of all the members of the Common Council to override a veto.
If any ordinance or resolution is not returned by the Mayor to the City Clerk within 10 days after it shall have been presented to the Mayor, or 30 days in the case of a local law, or if such ordinance, resolution or local law is returned without the Mayor's approval or disapproval, the same shall be deemed adopted and will take effect pursuant to the provisions of the Municipal Home Rule Law.
If any ordinance, resolution or local law contains more than one specific appropriation or budget item, including specific items in a five-year capital plan, or embraces more than one distinct subject, the Mayor may approve specific appropriations or subjects and disapprove others. The approval or disapproval of the Mayor and review by the Common Council shall be subject to the procedures outlined in Subsections (b) (i)-(v) above.
Local laws shall be enacted pursuant to the procedures set forth in the Municipal Home Rule Law.
There is established the Office of the Mayor. The office shall assist the Mayor in the performance of official duties. All salaried personnel in the Office of the Mayor shall be appointed by the Mayor. Except as otherwise provided in the Civil Service Law, no such appointee shall hold office beyond the term of the Mayor by whom appointed and, unless removed, shall continue to serve unless a successor is appointed and has qualified or until an interim appointment is made.
The Mayor shall have the power to appoint such personnel as may be necessary to assist at the Mayor's direction in the administration of the City's executive functions. The Mayor shall determine the compensation to be paid for such positions in the budgetary process.
The Mayor shall present an annual State of the City message to the Common Council by February 1st of each year.