[1964 Charter Laws, § 2-6; L.L. No. 3-1938, § 2; L.L. No. 5-1963, § 2]
(a)
The Mayor shall appoint a corporation counsel, a City Engineer, a
Commissioner of Public Works, a Commissioner of Public Safety and
a Sealer of Weights and Measures. Other officers may be appointed
as otherwise provided by law. All appointments to any City office
shall be evidenced by a certificate in writing, signed by the appointing
officer and filed forthwith in the office of the City Clerk.
(b)
If an appointment is made by the Common Council, a certificate of
same shall be signed by the officer presiding at the time the appointment
was made and attested by the City Clerk.
[1964 Charter Laws, § 2-7; L.L. No. 3-1938, § 3]
The term of office of the corporation counsel, City Engineer,
Commissioner of Public Works, Commissioner of Public Safety, Sealer
of Weights and Measures shall be two years unless sooner removed by
the Mayor. Where the term of office of an appointive officer is not
specifically fixed by statute, it shall be deemed to continue only
during the pleasure of the officer, officers, board or body authorized
to make the appointment.
[1964 Charter Laws, § 2-13; N.Y. Laws 1862, ch.
18, § 44; N.Y. Laws 1870, ch. 28, § 3; N.Y. Laws
1890, ch. 14, § 3; L.L.
No. 4-1987, § 5(c)(3)]
The Common Council may remove from office any officer or employee
that it is authorized to appoint.
[1964 Charter Laws, § 2-19; L.L. No. 1-1925, § 1]
(a)
The salaries of the corporation counsel and the City Engineer shall
be fixed by a majority vote of the board of estimate and apportionment.
Such officers shall file a certificate in duplicate in the office
of the City Clerk and City Comptroller stating the amounts of such
salaries and the date when the same will take effect. The salary of
every City officer and the salary or compensation of every person
paid out of the funds appropriated by the City, when not fixed by
or pursuant to this section or specifically fixed by statute, shall
be fixed and determined by the board of estimate and apportionment.
(b)
All such salaries and compensations shall be payable in such installments
and at such times as such board shall determine and nothing contained
in Sections 17 and 74 of the Second Class Cities Law shall be construed
to limit the powers conferred by this section.
[L.L. No. 2-2008, §§ 1, 2]
(a)
Officers
of the City shall be at the time of their election or appointment
and continue to be during their continuance in office, residents of
the City of Utica except as otherwise provided by law or this Charter.
(i)
Notwithstanding
the above, candidates for appointment to the position of Police Officer
may reside outside the City at the time of appointment but shall,
as a qualification of employment, become a resident of the City within
six months after the date of appointment.
(ii)
Notwithstanding the above, a police officer who is the subject of
a transfer from another Police Agency, located in the State of New
York, pursuant to Civil Service Law, and, who had been employed by
the Police Agency from which the transfer is made for at least one
(1) year, may continue to reside outside the City of Utica after transfer.
This exception will expire for appointments made after September 1,
2032.
[Added 8-3-2022 by L.L. No. 3-2022]
(b)
Employees
of the City shall be at the time of their appointment and continue
to be during their continuance in the employment of the City, residents
of the City of Utica except as otherwise provided by law, local law
or ordinance of the Council.
(i)
After the minimum five years of continuous residency, individuals
employed with the Utica Police Department shall be eligible to move
to a residence outside of the City of Utica, to a location within
the County of Oneida, or an adjoining county, subject to the following
terms and conditions:
[Added 5-6-2020 by L.L.
No. 3-2020]
1.
The Police Officer must provide the Chief of Police or their
designee a minimum of two months written notice of their intent to
relocate outside of the City of Utica boundaries.
2.
Employees who choose to return to reside in the City of Utica
shall provide the City one month minimum written notice to the Chief
of Police or their designee of their intent to relocate back into
the City.
(c)
If the
appointing authority determines that it is in the best interest of
the City to do so, the provisions of Subdivision (a) and Subdivision
(b) above may be waived with respect to an applicant for a position
which, by law, serves at the pleasure of the appointing authority
in accordance with the following:
[Added 11-3-2010 by L.L. No. 3-2010]
(i)
The
requirement of residency may be waived in those instances where the
City has difficulty hiring or promoting the most qualified person
because of the residency requirement.
(ii)
Before making a waiver, the appointing authority shall make specific
findings as to the reasons therefore, which findings shall be entered
and kept with the employee's personnel records. A waiver does not
affect the application of subsection (a) or (b) with respect to any
other title.
[1]
Editor's Note: L.L. No. 2-2008, adopted by referendum November 4, 2008, repealed and reenacted Section 2.045 in its entirety to read as herein set out. Former, Section 2.045 pertained to residency requirements for appointments and promotions, and derived from the 1964 Charter Laws, § 16-1.1; L.L. No. 2-1974, §§ 1, 2, and L.L. No. 5-1984, §§ 2—7.
[1964 Charter Laws, § 2-37; N.Y. Laws 1862, ch.
18, § 30]
All officers shall discharge the duties required by this Charter
and shall discharge such other duties as the Common Council may require.
