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 and Taxation, Department
of Youth and Workforce Services, Department of General Services, Department
of Recreation, Department of Neighborhood and Community Services,
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; 2-23-2023 by L.L. No. 5-2023]
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.
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.
Notwithstanding
any other provision of this article, where pursuant to the Executive
Law, the Mayor issues an emergency proclamation that results in the
mandatory quarantine for precautionary isolation of a City employee,
the Mayor may provide for a period of leave during the mandatory quarantine
or isolation period, if such employee is not otherwise able to carry
out the functions and responsibilities of such job.
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.
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.
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.