The legislative power of the City is vested in the Common Council
which shall be authorized to adopt, amend or repeal local laws, ordinances,
resolutions and rules and regulations in the exercise of its functions,
powers and duties pertaining to the property, affairs or government
of the City and other matters not inconsistent with sate law.
[Amended at referendum 11-2-2021]
The Common Council shall be an elective body comprised of a
President of the Common Council and not more than one "Council member"
duly elected from each ward within the City. Each "Council member"
shall be a resident of the ward from which he or she is elected. There
shall not be more than 15 wards within the City. All Common Council
members shall be electors of the ward and have been residents continuously
in the ward represented for at least 365 days prior to taking office.
Each Common Council member shall reside in the ward from which that
Common Council member seeks election at the time of nomination for
office, and continue to be a resident of the ward for which he or
she represents for his or her entire term of office, subject, however,
to the following exception: in the case of an election immediately
following the reapportionment of Common Council wards, the incumbent
Common Council member representing a ward redrawn in such reapportionment
shall be eligible for nomination for election in either the ward of
residence, or any newly drawn district which is contiguous to the
ward of residence, provided that the Common Council member shall become
a resident of the ward represented prior to taking office. Common
Council members shall be nominated at the primary election in the
same manner other City officers are nominated pursuant to the provisions
of the Election Law.
The President of the Common Council shall be elected in the
City at large, and shall succeed the Mayor in the event of death,
resignation, absence or disability as set forth in the General City
Law; except that the powers and duties of the Office of the Mayor
shall not devolve upon the President of the Common Council during
a limited period of either absence of the Mayor from the City or inability
of the Mayor to perform his or her powers and duties. The President
shall preside over the meetings of the Common Council and perform
such other functions as set forth in Second Class Cities Law.
All legislation authorizing bond debt shall require a two-thirds
vote of the entire Common Council membership. All other local laws,
ordinances and resolutions shall require a majority vote of the entire
Common Council membership, except as otherwise required by the Municipal
Home Rule Law. Public hearings on proposed local laws shall take place
at the same time that public hearings are normally held on proposed
ordinances.
The filing and publication of local laws shall be as provided
in the Municipal Home Rule Law.
(a)
Pursuant to the guidelines set forth in the Municipal Home Rule Law,
the Common Council shall appoint a reapportionment commission within
six months after the publication of each federal decennial census
to evaluate the existing ward boundaries for equity and representation
in relation to population. The reapportionment commission shall include
City residents in such proportion as to reasonably reflect the demographic
composition of the City, together with such other expert and official
representatives as shall be deemed necessary and appropriate.
(b)
The reapportionment commission shall review the population data and
within six months after the commission is appointed, make recommendations,
if necessary, in the form of a proposed local law as to changes in
the ward boundaries for the City.
The Common Council may examine the books, vouchers and papers
of any department, board, commission, officer or employee of the City
and by the issuance of a subpoena, summon and examine under oath any
person in relation thereto. The Common Council may require a member
of any board, office, commission, or department of the City to furnish
the Common Council 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 on the Common Council by this section shall
not extend to the Mayor or the Office of the Mayor.
[Added at referendum 11-7-2006]
The Common Council in consultation with the Chief Fiscal Officer
and Mayor shall establish by resolution and review periodically a
policy for determining appropriate levels of debt.
