City of Fulton, NY
Oswego County
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Table of Contents
Table of Contents
[Amended by L. 1911, c. 551; L. 1919, c. 552; L.L. No. 1-1926; L.L. No. 2-1929; L.L. No. 3-1931; L.L. No. 1-1935; L.L. No. 4-1946; L.L. No. 4-1949; L. 1953, c. 878, § 78; L.L. No. 2-1958; L.L. No. 1-1966; 7-19-1988 by L.L. No. 3-1988; 10-30-1991 by L.L. No. 3-1991[1]]
A. 
The officers of the City shall be a Mayor, a Clerk/Chamberlain, a City Attorney, if there be one, a City Engineer, a Commissioner of Public Works, five Fire and Police Commissioners, a Chief of Police, a Deputy Chief of Police and as many members of the Police Department as may be deemed necessary by the Board of Fire and Police Commissioners and approved by the Common Council and so many Commissioners of Deeds as may be deemed necessary by the Common Council. There may also be an Assistant Chamberlain and/or Deputy City Clerk.
[Amended 1-8-1994 by L.L. No. 1-1994; 12-16-2003 by L.L. No. 6-2003; 12-16-2008 by L.L. No. 9-2008; 12-1-2009 by L.L. No. 6-2009]
B. 
The officers of the wards of the City shall be one Councilor for each ward.
[Amended 7-5-2011]
[1]
Editor's Note: This ordinance also renumbered the second paragraph of original § C7 as § C79.1.
[1]
Editor's Note: Original § C8, Supervisors, as amended, was repealed 10-30-1991 by L.L. No. 3-1991.
[Amended by L. 1911, c. 551; L. 1919, c. 552; L. 1953, c. 878, § 79; 10-30-1991 by L.L. No. 3-1991; 6-6-1995 by L.L. No. 9-1995; 11-20-2019 by L.L. No. 8-2019; 12-17-2019 by L.L. No. 9-2019]
With the exception of the City Engineer, City Attorney, Chief of Police and Deputy Chief of Police, no person shall be elected or appointed to any City office unless that person shall at the time of commencement of the term of office be a resident elector of the City. The Chief of Police and Deputy Chief of Police shall be residents of the City of Fulton or of the County of Oswego. No person shall be elected or appointed to any ward office unless that person shall at the time be a resident elector of the ward for which he or she is elected or appointed. Whenever any officer of the City shall cease to satisfy the residency requirement as set forth herein, his or her office shall thereby become vacant. No person shall at the same time hold more than one City office, except that a Commissioner of Deeds may hold any other City office.
[Amended by L.L. No. 2-1968; 4-18-1978 by L.L. No. 1-1978; 10-30-1991 by L.L. No. 3-1991; 9-16-1998 by L.L. No. 12-1998[1]; 7-5-2011]
1. 
Elective City officers. The elective City officer to be elected by the City at large shall be a Mayor; the elective City officers to be elected by each ward shall be one Councilor.
2. 
Term of elective officers. Other than as provided by this Act, the term of office of the Mayor shall be four years, effective January 1, 2000. The term of office for Councilors shall be two years.
[1]
Editor's Note: This local law was passed at a mandatory referendum held 11-3-1998.
[Amended by L. 1911, c. 551; L. 1918, c. 482; L. 1919, c. 553; L. 1919, c. 552; L.L. No. 1-1949; L.L. No. 3-1949; L.L. No. 1-1954; L.L. No. 3-1954; L.L. No. 1-1966; L.L. No. 3-1966; L.L. No. 1-1968; 7-6-1972 by L.L. No. 1-1972; 7-19-1988 by L.L. No. 3-1988; 10-30-1991 by L.L. No. 3-1991; 1-18-1994 by L.L. No. 1-1994; 6-6-1995 by L.L. No. 7-1995; 12-16-2003 by L.L. No. 6-2003; 12-16-2008 by L.L. No. 9-2008; 12-1-2009 by L.L. No. 6-2009]
A. 
The appointive City officers of the City of Fulton shall be a Clerk/Chamberlain, an Assessor, five Fire and Police Commissioners, a Commissioner of Public Works, a City Engineer, and a Chief Wastewater Treatment Plant Operator, each of whom shall be appointed by the Mayor, a Chief of Police, a Deputy Chief of Police and so many members of the Police Department as may be deemed necessary by the Fire and Police Commission and approved by the Common Council, who shall be appointed by the Board of Fire and Police Commissioners, and so many Commissioners of Deeds as the Common Council may deem necessary. The Mayor may also appoint an Assistant City Chamberlain and/or a Deputy City Clerk. At the discretion of the Mayor, the same person may be appointed to the offices of City Engineer and Commissioner of Public Works. The Mayor may also appoint a City Attorney.
B. 
Other than as provided by this Charter, the term of office of the City Attorney, if there be one, shall be two (2) years, of each Fire and Police Commissioner two (2) years, of each Commissioner of Deeds two (2) years and of the Assessor six (6) years. The Clerk/Chamberlain, Deputy City Clerk, Assistant City Chamberlain, Plumbing Inspector, City Engineer, Commissioner of Public Works and the Chief Wastewater Treatment Plant Operator shall hold office during good behavior. The Chief of Police shall hold office during good behavior, and all other police officers shall hold office pursuant to § 75 of the Civil Service Law. All good-behavior appointments shall be probationary for six (6) months.
[Amended by L. 1904, c. 60; L. 1911, c. 697; L. 1915, c. 610; L. 1919, c. 552; L.L. No. 2-1928; L.L. No. 1-1930; L.L. No. 2-1931; L.L. No. 6-1931; L.L. No. 8-1933; L.L. No. 2-1949; L. 1953, c. 878, § 81; L.L. No. 3-1958; L.L. No. 2-1965; 4-18-1978 by L.L. No. 2-1978]
1. 
The Mayor, Councilor, Clerk/Chamberlain, City Assessor, City Attorney, if there be one, Commissioner of Public Works and every other City officer or employee who is not expressly required by this Act to serve without compensation, and every clerk, employee or subordinate in the service of any City department, commission, board or officer shall severally receive such salary or compensation as the Common Council may, from time to time, fix and determine, except clerks, employees or subordinates, if any, whose salaries or compensation are expressly authorized by this Act to be fixed without limitation by another board, commission, department or officer.
[Amended 12-16-2008 by L.L. No. 9-2008; 12-1-2009 by L.L. No. 6-2009; 7-5-2011]
2. 
The Commissioner of Public Works and the City Engineer shall receive such compensation for their services as shall be determined by the Common Council.
3. 
The Chief of Police, Captains of Police, patrolmen, special policemen and other members of the Police and Fire Departments shall severally receive such salary as may be fixed from time to time by the Common Council.
[Amended 10-30-1991 by L.L. No. 3-1991]
4. 
No officer or employee of the City and no clerk, employee or subordinate in the service of any City department, board, officer or commission shall be entitled to receive from the City any compensation for his services other than that fixed pursuant to the provisions of this Act.
5. 
The office of the City Attorney, if there be one, shall be in the City Hall, where all books, papers, equipment, records and other matters pertaining to the affairs of the City shall be kept, and he shall occupy said office so as to be available for immediate attention to the City's affairs.
[Amended 12-16-2008 by L.L. No. 9-2008]
[Amended by L. 1953, c. 878, § 82; 10-30-1991 by L.L. No. 3-1991]
Except as is hereinafter provided, the term of office of each officer of the city, whether elected or appointed, shall commence with the beginning of the next fiscal and official year, namely, the first day of January following a general City election, except for the office of Chief of Police and for patrolmen; and the term of office of all officers shall expire on the first day of January of the second succeeding year, except for the office of the Chief of Police and for patrolman.
[Amended by L. 1911, c. 551; L. 1943, c. 710; 10-30-1991 by L.L. No. 3-1991]
City elections shall be conducted under the State Election Law.
[Amended 1-7-1992; 2-18-1992]
All new hires must complete the maximum probationary period of six months.
[1]
Editor's Note: Original § C15, Canvass of votes at general city election, was repealed 10-30-1991 by L.L. No. 3-1991.
[Amended by L.L. No. 1-1959; 1-20-1998 by L.L. No. 1-1998]
The salaries of city officers shall be payable in periodic installments as set by resolution of the Common Council. The compensation, as fixed by this Act, for the several officers shall be in full for all services which they shall, respectively, perform for said city in any and all capacities. All fees and perquisites received by such officers shall, other than as specially provided by this Act, be paid into the treasury for the benefit of the General City Fund.
[Amended by L. 1919, c. 533; L. 1953, c. 878, § 83]
1. 
The Mayor, Common Council and each city board having appointive powers may remove without trial any city officer appointed by them for a definite term for dishonesty, incapacity, neglect of duty or other irregularities, but the reasons for such removal shall be immediately filed, in writing, with the Clerk/Chamberlain.
[Amended 12-1-2009 by L.L. No. 6-2009]
2. 
City officers appointed for an indefinite term or appointed to hold office during good behavior may be removed by the officer or board appointing such officer for dishonesty, incapacity, neglect of duty or other irregularity, but only upon evidence under oath showing the truth of the charge and after trial and hearing upon the charges, held after notice of said trial and service of a copy of the charges, at which trial the accused may appear by counsel and cross-examine all witnesses against him and produce witnesses and evidence on his own behalf, and in such case, removal shall be had only if the charges are sustained by a preponderance of evidence.
[Amended by L. 1911, c. 551; 5-6-2008 by L.L. No. 5-2008]
If a vacancy shall occur, otherwise than by expiration of term, in an elective office of the City, including that of the Supervisor, the Mayor shall appoint a person to fill such vacancy. The person so appointed to such vacancy shall hold office until the commencement of the political year next succeeding the first annual election after the happening vacancy, at which a successor can be elected for the balance of the unexpired term, if any. If a vacancy shall occur in an appointive office of the City, otherwise than by expiration of the term, the officer, officers, board or body authorized to make appointments to such office for the term shall appoint a person to fill such vacancy for the balance of the unexpired term.
[Amended 12-1-2009 by L.L. No. 6-2009]
The Mayor elected at the general city election in 1903, and thereafter, may file his oath of office with the Clerk/Chamberlain at any time within 15 days prior to the first day of January next succeeding his election and shall, on or within 10 days prior to said first day of January, file with the Clerk/Chamberlain the appointments to be made by him as provided in § C11 of this Act.
[1]
Editor's Note: This section was originally § C285 and was renumbered 10-30-1991 by L.L. No. 3-1991.
[Amended by L.L. No. 5-1934; L.L. No. 3-1954; L.L. No. 2-1966; 10-30-1991 by L.L. No. 3-1991; 12-1-2009 by L.L. No. 6-2009]
The Mayor shall appoint an Assistant Chamberlain who shall hold the office during good behavior. The Assistant Chamberlain shall receive such salary or compensation as the Common Council may, from time to time, fix and determine. It shall be the duty of the Assistant Chamberlain to assist the Clerk/Chamberlain in the duties of his office in such manner as directed by the Clerk/Chamberlain. In the event that the Clerk/Chamberlain is unavailable, the Assistant Chamberlain shall act as Clerk/Chamberlain and shall have full power to execute any and all instruments requiring the signature of the Clerk/Chamberlain.
[1]
Editor's Note: This section was originally § C286 and was renumbered 10-30-1991 by L.L. No. 3-1991.
[Amended 12-1-2009 by L.L. No. 6-2009]
The Mayor and each board having appointive power may make a temporary appointment in case any salaried officer of the city appointed by the Mayor or a board of the city shall, through sickness or absence from the city, be unable to perform the duties of his office. The person so appointed shall receive the same compensation, pro rata, for the time served as the salary fixed by this Act for the office so temporarily vacated. The compensation for such temporary service shall be paid by the Clerk/Chamberlain on the certificate of the Mayor and shall be deducted from the salary of the officer so temporarily absent or disabled, except that the Common Council may, by resolution, grant to any officer of the city a vacation not exceeding two (2) weeks in any one (1) year and may, by resolution, excuse the absence of any officer caused by sickness, in which case the compensation of the temporary appointee shall be paid by the city.
[1]
Editor's Note: This section was originally § C287 and was renumbered 10-30-1991 by L.L. No. 3-1991.
All city officers required to furnish a bond by the provisions of this Act may, by consent of the Mayor, furnish a bond with some solvent surety company as surety, and the expense thereof shall be paid by the city from the General City Fund.
[1]
Editor's Note: This section was originally § C288 and was renumbered 10-30-1991 by L.L. No. 3-1991.