[1964 Charter Laws, §§ 2-1.1, 5-50.2; L.L. No. 5-1963, § 1; L.L. No. 4-1987, § 1; L.L. No. 3-1993, § 2]
There shall be elected by the qualified electors of the City,
a Mayor, a Comptroller, a President of the Common Council and beginning
at the General Election of November 1995, three Council members herein
after referred to as Council members-at-large. There shall also be
elected, beginning at the General Election of November 1995, by the
qualified electors of each Councilmanic district of the City a Council
member. There shall also be elected by the qualified electors of the
City and of the districts thereof such officers as may be provided
by law.
[1964 Charter Laws, §§ 2-2, 5-50.3; N.Y. Laws
1862, ch. 18, § 5; N.Y. Laws 1870, ch. 28, § 21; L.L. No. 2-1960, § 3; L.L. No. 4-1987, § 1]
No person shall be eligible for any elected City office unless
at the time of election the person is a resident of the City. Whenever
any City officer ceases to be a resident of the City or any district
officer shall cease to be a resident of the district for which elected,
the office shall thereby become vacant, except that a Council member
who has served at least one year of the term for which elected shall
continue in office for the remainder of the term.
[1964 Charter Laws, §§ 2-5, 5-50.2; N.Y. Laws
1862, ch. 18, § 10; N.Y. Laws 1883, ch. 73, § 1;
N.Y. Laws 1893, ch. 13, § 5; N.Y. Laws 1900, ch. 334, § 1;
N.Y. Laws 1923, ch. 658, art. II, §§ 1, 5; N.Y. Laws
1953, ch. 878, § 300; L.L. 2-1960, §§ 1, 3; L.L. No. 8-1985, § 1; L.L. No. 7-1986, § 1; L.L. No. 4-1987, §§ 1,
5(c)(1); L.L. No. 3-1992; L.L. No. 3-1993, § 4; L.L.
No. 1-2001]
(a)
The term of office of the Mayor is four years. The term of office
of the President of the Common Council is four years. The term of
office of the Comptroller is four years. The term of office of any
other elected official of the City is two years in the absence of
provisions to the contrary.
(b)
All elected officers shall enter upon the duties of their respective
offices on January 1 succeeding their election.
(c)
Any vacancy in an elected office occurring before October 15th in
any year shall be filled for the unexpired term at the City election
held next thereafter unless otherwise provided by law or unless previously
filled at a special election.
(1)
Common Council President. The Common Council may at any regular
meeting, elect one of its members President pro tempore to act during
the temporary absence or disability of the President. In such case,
the President pro tempore is entitled to vote as a member of the Common
Council. In the event the office of the Common Council President becomes
permanently vacant, the President pro tempore may fill such vacancy
until the first day of January next succeeding the election at which
the Common Council President's successor shall be chosen.
(2)
The President pro tempore has seven days from the date of such
vacancy to accept or refuse the office of President of the Common
Council. Should the President pro tempore refuse to fill such permanent
vacancy, then the Mayor shall appoint any elector of Utica, and who
is of the same political party as the previous President of the Common
Council to fill such vacancy until the first day of January next succeeding
the election at which the Common Council President's successor shall
be chosen. Until such appointment is made, the City Clerk shall preside
at all meetings of the Common Council.
(3)
Should the President pro tempore accept the office of the President
of the Common Council, the members of the Common Council shall, by
majority vote, fill the vacant Common Council seat by appointing any
elector from the same district and same political party as the outgoing
Council member to serve until the first day of January next succeeding
the election at which the Council member's successor shall be chosen.
(d)
Consecutive terms:
(1)
Any
Mayor, President of the Common Council or Comptroller, elected as
such for two consecutive terms shall be ineligible to be elected to
the same office for a term of office next following the end of the
second consecutive term of office for which he was elected.
(2)
Any
other elected official with a term of office of two years elected
as such for four consecutive terms shall be ineligible to be elected
to the same office for a term next following the end of the fourth
consecutive term of office for which he or she was elected.
(3)
A
person who served the maximum consecutive terms for Mayor, Comptroller,
President of the Common Council, or member of the Common Council may
seek the same office again after one term has elapsed.
[1]
Editor’s Note: This local law also stated that it shall
not apply to those officials who were reelected and their terms extended
pursuant to L.L. No. 2-2017, which officials shall continue to be
governed by L.L. No. 2-2017. In addition, this local law provided
an effective date of 1-1-2022.
(e)
The term limitations imposed on Council members shall apply to any
district incumbent who decides to represent the City as a Council
member-at-large. In other words, a Council member, being elected as
a Council person of a district decides at the next election to run
as a Council member at large, his term will expire, if continually
elected, at the same time as it would have expired had he/she run
as a district Council person for the term of limitations.
[1964 Charter Laws, § 2-18; L.L. No. 1-1925, § 1; L.L. No. 3-1938, § 5; L.L. No. 5-1949, § 1; L.L. No. 3-1956, § 1; L.L. No. 4-1959, § 1; L.L. No. 9-1905, § 1; L.L. No. 8-1967, § 1; L.L. No. 6-1968, § 1; L.L. No. 7-1968, § 1; L.L. No. 2-1975, § 1; L.L. No. 2-1976, § 1; L.L. No. 4-1981, § 1; L.L. No. 5-1981, § 1; L.L. No. 8-1981, § 1; L.L. No. 9-1981, § 1; L.L. No. 5-1986, § 1; L.L. No. 4-1987, § 5(c)(4); L.L. No. 5-1989, § 1]
(a)
The City Comptroller shall receive an annual salary of $80,500.
[Amended 3-20-2020 by L.L. No. 2-2020]
(b)
The Mayor shall receive an annual salary of $93,500.
[Amended 3-20-2020 by L.L. No. 2-2020]
(c)
The President of the Common Council and the Council members of the
Common Council of the City of Utica shall receive an annual salary
of $7,000.
[1964 Charter Laws, § 2-18.1; L.L. No. 10-1981, § 1]
Commencing April 1, 1983, and on April 1 of each year thereafter,
a cost of living increase shall be added to the salaries of the Mayor,
Comptroller, Treasurer, President of the Common Council and Council
members each year under the following conditions and under the following
formula:
(1)
The increase shall be based on the All Urban Consumer Price Index
as computed from December 31 of one year to December 31 of the following
year. If the index increases 3% or more, the increase in salary shall
be increased by the percentage rate of the increase in the consumer
price index, but not more than 6% in a single year.
(2)
If the consumer price index each year as computed above does not
equal or exceed 3%, then no salary increase will be allowed. However,
the percentage increase during that year shall be added to the consumer
price index increase in the following years and if the total percentage
rate of the following years is 3% or over, the salaries shall be increased
by that percentage rate, but in no case shall the increase exceed
6% in that year.
(3)
The December index of 1981 as compared with the December index of
1982 shall determine any salary adjustments beginning April 1, 1983.
(4)
Any percentage increase in the consumer price index exceeds 6% in
any year shall not be cumulative nor carried over to the following
years.
