[1964 Charter Laws, § 2-28; N.Y. Laws 1862, ch.
18, § 17; N.Y. Laws 1871, ch. 391, § 1; N.Y. Laws
1876, ch. 371, § 4; N.Y. Laws 1890, ch. 14, § 1; L.L. No. 2-1960, §§ 1,
3]
(a)
It is the duty of the Mayor:
(1)
To communicate to the Common Council at least annually a general
statement of the affairs of the City in relation to its finances,
government and improvement, with such recommendations as deemed proper.
(2)
To see that the laws of the state, this Charter and the ordinances
and resolutions of the Common Council are faithfully executed.
(3)
To exercise a general supervision and control over the conduct
of all subordinate officers and employees of the City.
(4)
On being satisfied that any such officer or employee appointed
by the Common Council has been guilty of official misconduct or neglect
of duty, to suspend the officer or employee until the next meeting
of the Common Council.
(5)
To maintain the peace, good order and prosperity of the City.
(6)
To perform any and all of the duties imposed by this Charter
or by resolution, ordinance or regulation of the Common Council.
(b)
The Mayor has the power:
(1)
To examine the books, vouchers and papers of any officer or
employee of the City, and to summon and examine under oath, any person
connected therewith.
(2)
To administer any oath or affirmation required or authorized
by law, and take affidavits in all cases where justices of the peace
are authorized to take same and with like force and effect.
(3)
To call out and command the police and firefighters, whenever
deemed necessary, and such command shall be obeyed.
[1964 Charter Laws, § 2-32; N.Y. Laws 1862, ch.
18, § 20; N.Y. Laws 1876, ch. 371, § 7; N.Y. Laws
1953, ch. 878, § 301]
(a)
The Corporation Counsel is the head of the Law Department and shall
have the management and charge of the City's legal affairs unless
the Common Council otherwise directs. The Corporation Counsel shall
keep a record of all lawsuits and legal proceedings involving the
City. When required by the Common Council the Corporation Counsel
shall prepare all legal papers for the City, and shall be the legal
adviser of the Common Council and of the departments of the City.
The Corporation Counsel shall when desired by the Common Council,
see that all proceedings in relation to improvements and the opening
of streets are regularly conducted and shall perform such other duties
as are required by this Charter, and such as the Council may prescribe.
(b)
The Corporation Counsel shall act as the legal adviser to the Mayor
and all boards or departments or officers of the City and shall have
charge of all actions or proceedings brought by or against them, including
certioraris in assessment proceedings. Such boards, departments or
officers shall have no power to employ other legal counsel at the
expense of the City, unless authorized by the Common Council.
(c)
Upon taking office the Corporation Counsel shall be deemed to be
substituted as attorney of record in all actions and proceedings in
which the City or any of the departments, boards or officers of the
City mentioned are a party and it is not necessary to enter any order
to that effect.
[1964 Charter Laws, § 2-32.2; L.L. No. 3-1976, §§ 1—8; L.L. No. 6-1979, § 1; L.L. No. 7-1979, § 1]
(a)
There is created in the Department of Law the position of First Assistant
Corporation Counsel.
(b)
The First Assistant Corporation Counsel is a full-time position.
The First Assistant Corporation Counsel shall be appointed by the
Mayor subject to approval by a majority of the Common Council.
(c)
The First Assistant Corporation Counsel, in addition to being a full-time
position, is a member of the noncompetitive civil service class and
is entitled to all the protections of the Civil Service Law.
(d)
Following an appointment to the position of First Assistant Corporation
Counsel, removal shall only be for cause based upon official or other
misconduct in office. Removal shall take place only upon written notice
of the charges in the same manner as is provided in the Civil Service
Law.
(e)
The First Assistant Corporation Counsel is subordinate to and receives
general supervision from the Corporation Counsel. The First Assistant
Corporation Counsel's responsibilities may include a delegation by
the Corporation Counsel of general management of the Corporation Counsel's
office; responsibility for legal services on claims; certiorari proceedings;
legal research; preparing legal papers and appellate briefs; and acting
as trial attorney in matters concerning the City. The First Assistant
Corporation Counsel may supervise claims against the City and shall
perform those tasks assigned by the Corporation Counsel.
(f)
The First Assistant Corporation Counsel shall be licensed to practice
as an attorney in the state and shall have been admitted to the bar
of the state for a period of at least five years prior to his appointment.
An attorney who has been admitted to practice law in the state for
a period of less than five years, but has had not less than three
years of concentrated experience in municipal law is also qualified
for appointment to the position.
(g)
The First Assistant Corporation Counsel has a base salary of $25,000
per annum which shall be provided in the annual estimate and shall
not be reduced except by local law adopted in the same manner in this
Charter. The First Assistant Corporation Counsel is an employee of
the City and is entitled to all benefits, including medical and retirement
benefits afforded to City employees.
(h)
Any increase in salary shall be based upon cost-of-living increases
from time to time, approved by resolution of the Board of Estimate
and Apportionment.
[1964 Charter Laws, § 2-32.1; L.L. No. 1-1976, §§ 1—7; L.L. No. 1-1986, §§ 1—3]
(a)
The Department of Legislation, which includes all Council members,
the President of the Common Council and the appointments and personnel
therein, shall have available for legal advice and assistance, special
legal counsel, appointed by a majority of all the Council members.
(b)
The appointment shall be made, if any, at the organizational meeting
of the Common Council in the January following their election and
shall be for a period of two years.
(c)
The duties of special legal counsel will be to advise the persons
in the Department of Legislation concerning matters where they feel
legal assistance is necessary and advisable. Legal action may be instituted
by special legal counsel on behalf of the Common Council or other
persons in the Department of Legislation under any of the following
circumstances:
(1)
When it is determined by a majority of all the Council members
that there is a conflict between that Department and some other department,
board or officer of the City or other party and the Corporation Counsel
will appear on behalf of the other department, board or officer.
(2)
A majority of the Council members determines there is some other
conflict of interest that requires that the institution of legal proceedings
through the special legal counsel.
(d)
The special legal counsel is not a public officer. The position is
a part-time position. The special legal counsel may engage in the
private practice of law.
(e)
Nothing in this section prevents the members of the Department of
Legislation from seeking or receiving advice from the Corporation
Counsel.
(f)
Special legal counsel previously appointed by the Common Council
and serving at the time the legislation from which this section is
derived became effective is ratified and approved.
[1964 Charter Laws, § 2-32.3; L.L. No. 5-1979, §§ 1—4; L.L. No. 1-1986, §§ 1,
2; L.L. No. 2-1987, § 1; amended 6-2-2010 by L.L. No. 2-2010]
(a)
The Department of Legislation shall have available to it a Research
Analyst who shall be appointed by a resolution adopted by a majority
of the total membership of the Common Council.
(b)
The Research Analyst serves at the pleasure of the Common Council
and performs whatever tasks with regard to research and development
of legislation and data necessary to the Council persons to aid them
in preparing a City budget and research into other areas designed
to and that will affect the financial stability of the City of Utica
and other areas where in-depth research will guide them in the adoption
of legislation for the City.
(c)
The Research Analyst shall not be an employee of the City and wilt
be a part-time employee who shall not be entitled to any benefits
of any kind or nature and shall be paid pursuant to contracted services.
(d)
The Research Analyst shall receive as compensation for services required
an annual fee of not less than $12,500. Such fee may be increased
from time to time by the Board of Estimate and Apportionment and the
Common Council. The compensation shall be appropriated in the annual
estimate and may not be reduced or removed except by local law.
[1964 Charter Laws, § 2-33; N.Y. Laws 1862, ch.
18, § 24; N.Y. Laws 1880, ch. 539, § 1; N.Y. Laws
1887, ch. 46, § 1; N.Y. Laws 1897, ch. 772, § 1]
The City Clerk shall keep the corporate seal and all papers
belonging to the City, shall attend the meetings of the Common Council
and make a record of the proceedings, and perform such other duties
as are required by this Charter or the Common Council. The Clerk shall
keep an accurate account of all warrants issued in a book to be provided
for that purpose. Copies of all papers filed in the Clerk's office,
and transcripts from the record of the proceedings of the Common Council,
duly certified, under corporate seal, shall be evidence in all courts
in like manner as if the originals were produced and proven.
[1964 Charter Laws, § 16-8; N.Y. Laws 1862, ch.
18, § 77]
It shall be the duty of police officers to obey the orders of
the Mayor and City Judge.
[1964 Charter Laws, §§ 2-34, 2-35, 7-1—7-6;
N.Y. Laws 1862, ch. 18, §§ 25, 26; N.Y. Laws 1880,
ch. 539, § 1; L.L. No.
1-1931, §§ 4—7; L.L. No. 5-1972, §§ 1—3]
(a)
The City Engineer shall be appointed by the Mayor. The position of
City Engineer shall be filled by a registered professional engineer,
duly licensed by the state. The City Engineer shall have had a minimum
of five years of responsible professional experience in the area of
highway or public works construction and engineering. The City Engineer
may be removed by the Mayor upon proof of official or other misconduct,
after having been furnished with a copy of the charges preferred,
and given an opportunity for defense. Vacancies shall be filled for
the unexpired term.
(b)
The City Engineer shall be the head of the Department of Engineering.
The City Engineer shall appoint to hold office during the City Engineer's
pleasure, a deputy and such other subordinates as may be prescribed
by the Board of Estimate and Apportionment. The City Engineer may
establish bureaus in the Department of Engineering as prescribed by
the Board of Estimate and Apportionment.
(c)
The City Engineer has the powers and performs all the duties which
were exercised and performed by the Street Commissioner, and which
are now or may be hereafter prescribed by ordinance or by direction
of the Common Council. The City Engineer shall prepare plans, specifications
and estimates, when directed to do so by the Common Council, of proposed
public improvements, and shall superintend the opening of streets
and the preservation of the true lines thereof. It shall be the duty
of the City Engineer to prepare maps, as far as may be practicable,
of all public sewers and drains, and of all real estate belonging
to the City. The City Engineer shall also make, or cause to be made,
accurate maps and records of all official work done by such officer,
which maps and records shall belong to the City and shall be kept
in such person's office and be open to public examination.
(d)
The City Engineer shall:
(1)
Perform all the ordinary engineering and surveying services
in the affairs and business of the City.
(2)
Prepare plans and specifications, and shall supervise all of
the work of construction done for the City.
(3)
Perform, subject to provisions of law and ordinance of the Common
Council, all engineering work in connection with the supervision,
direction and control of the construction of City buildings, except
as otherwise provided by law, of paving, repairing and resurfacing,
of grading other than maintenance of sidewalks and crosswalks, and
the issuing of permits for sidewalks, and of all other improvements
in the streets and public places of the City, of the construction
of sewers and sewer appurtenances, bridges, culverts, conduits, retaining
walls and other structures.
(4)
Be responsible for all force account or contract engineering
activities of the City.
(5)
Have direction and control of all surveys by the City, of streets,
public places and land owned by the City, and of subdivisions of land
within the City, and the monumenting of all street lines and lines
of City property.
(6)
Perform such other duties as are prescribed by ordinance.
(e)
The City Engineer shall superintend the making of public improvements
ordered by the Common Council, make contracts for work and labor which
may be necessary, and discharge such other duties as the Common Council
may require. The City Engineer shall keep accurate accounts of all
expenditures incurred in the performance of duties, accompanied with
statements of the expenditure, and shall render the same to the Common
Council when requested. No contract or agreement made by the City
Engineer for the City shall be binding, until the same is ratified
by the Common Council, but when so ratified it shall have the same
effect as if executed under the corporate seal.
[1964 Charter Laws, §§ 9-1—9-3; L.L. No. 1-1931, §§ 1—3]
(a)
The Commissioner of Public Works shall be the Head of the Department
of Public Works. The Commissioner shall appoint to hold office during
the Commissioner's pleasure, a deputy and such other subordinates
as may be prescribed by the Board of Estimate and Apportionment.
(b)
The Commissioner of Public Works, subject to the provisions of law
and the ordinances of the Common Council, shall have direction and
control of the maintenance and repair of unpaved streets and of the
maintenance and ordinary repair of paved streets, of the maintenance
and repair of bridges, docks, wharves, culverts, conduits, subways,
the sewers and sewer system of the City, and the sidewalks and crosswalks,
of the maintenance and repair of the public bath, public market, and
of all City buildings and grounds, except as otherwise provided by
law. The Commissioner shall have direction and control of the lighting
of City streets and public places, of City buildings, except as otherwise
provided by law, and of the collection and disposition of the ashes
and garbage of the City, and of the cleaning of streets, including
the watering, flushing and sprinkling and the laying of dust therein,
with substances other than water, and the removal of snow and ice
therefrom. The Commissioner shall perform such other duties as are
prescribed by ordinance.
(c)
The Commissioner of Public Works may employ such laborers, teams
and trucks and incur such expenditures as may be necessary within
the limits of the appropriations made therefor. The Commissioner shall
inspect the streets, pavements, bridges, docks, wharves, culverts,
conduits, sewers, sidewalks, crosswalks, public bath, public market
and City buildings and grounds.
[L.L. No. 2-2005]
Any incumbent of an elective office, whether elected by vote
of the people or appointed to fill a vacancy, may be removed from
office by the qualified registered electors of the City, as hereinafter
provided. Such removal of the incumbent of an office shall be known
as recall, and the procedure to effect the removal of an incumbent
of an elective office shall be as hereinafter provided:
(a)
A petition signed by qualified registered electors equal in number
to at least 20% of the total number of votes cast for Governor, in
the City or the district from which the incumbent is being removed,
at the last gubernatorial election, demanding the submission to the
electors of the City the question whether the incumbent of such office
shall be removed by vote of such electors shall be addressed to the
Board of Elections and filed with the City Clerk.
(b)
Upon the filing of a petition, the City Clerk shall immediately refer
the same to the Board of Elections of Oneida County, who shall examine
such petitions for sufficiency. Any signature dated more than 30 days
prior to the date of filing must be disregarded. Separate petitions
of like tenor and effect shall be bound together by the City Clerk
and shall be deemed to constitute a single petition.
(c)
The petition shall be signed by the qualified registered elector,
who shall add his place of residence, giving the street and number
and the date on which he signs. Each signer shall acknowledge the
execution of the petition before a duly qualified elector of the City
or district as the case may be.
(d)
There shall be appended at the bottom of each sheet a signed statement
of a witness who is a duly qualified elector of the City or the district,
as the case may be. Such a statement shall be accepted for all purposes
as the equivalent of an affidavit, and if it contains a material false
statement, shall subject the person signing it to the same penalties
as if he had been duly sworn. The form of such statement shall be
substantially as follows except as otherwise provided in the election
law.
|
I, ________________________________ (name of witness) state:
I am a duly qualified elector of the City of Utica or _____ District.
I now reside at ______________________________ (residence address,
also post office address if not identical) which is in the ________
(fill in number) election district in the City of Utica in the county
of Oneida. Each of the individuals whose names are subscribed to this
petition sheet containing ________ (fill in number) signatures, subscribed
the same in my presence on the dates above indicated and identified
himself to be the individual who signed this sheet. I understand that
this statement will be accepted for all purposes as the equivalent
of an affidavit and, if it contains a material false statement, shall
subject me to the same penalties as if I had been duly sworn.
| ||
|---|---|---|
|
Date:
|
Signature
| |
(e)
Such petition shall contain a general statement of the grounds for
which such removal is sought, of not more than 300 words in length,
and the sufficiency of such statement shall not be subject to review;
provided, however, that no petition for the removal of any elective
officer may be filed until he has actually held office for six months.
The sufficiency or insufficiency of any recall petition shall not
be subject to review by the Common Council.
(f)
Upon presentation of the petition by the City Clerk to the Board
of Elections, the Commissioners shall immediately examine the same
and the signatures and acknowledgments attached thereto and check
the same with the registration list of the last preceding general
election and thereafter return the petition to the City Clerk with
their certificates showing the total number of signatures attached
thereto; the number, if any, who are not qualified registered electors
of the City or the district as the case may be; the number, if any,
whose signatures were not properly acknowledged; the number who appear
to be qualified registered electors of the City or the district as
the case may be; and what percentage they constitute of the entire
registered electors who voted for Governor in the City or the district
from which the incumbent is being removed, at the last gubernatorial
election. The City Clerk shall thereafter present the petition to
the Common Council.
(g)
Upon presentation of such recall petition to the Council by the City
Clerk, the Council shall thereupon order the holding of a special
election for the purpose of submitting to the electors of the City
or the district as the case may be, the question whether such officer
shall be recalled. Such election shall be held not less than 30 days,
not more than 60 days after the date of the certificate of the Board
of Elections to the sufficiency of such recall petition; provided,
however, that if any other election for any purpose at which all qualified
registered electors of the City are entitled to vote, is to occur
within 60 days after the date of such certificate, the Council may,
in its discretion, order the holding of such recall election, and
the consolidation thereof, with such other election occurring not
more than 60 days after the date of said certificate. The question
of recalling the Mayor and/or the Comptroller and/or any number of
members of the Council may be submitted at the same election, but
as to each person whose removal is sought a separate petition shall
be filed and provision shall be made for an entirely separate ballot.
(h)
Any elective officer for whose recall and removal from office an
election is held shall continue to perform the duties of his office
until such time as the Board of Elections, having canvassed the vote
at such recall election, shall declare that a majority of the electors
voting have voted in favor of the recall of such officer. In such
event, the officer shall be removed from office.
(i)
Vacancy in any office arising out of recall pursuant to this section
shall be filled in the same manner provided by this Charter for vacancies
under other circumstances.
(j)
No person who has been removed from an elective office by the recall,
or who has resigned from such office while recall proceedings for
his removal were pending against him, shall be appointed to any office
under the Charter within two years after such removal or resignation.
(k)
No elected official shall be subjected to a recall election more
than once per term of office.
