[Amended 10-30-1991 by L.L. No. 3-1991; 12-1-2009 by L.L. No. 6-2009]
Each officer of the city shall, before he enters upon the duties of his office, take and file his official oath in accordance with Article 13 of the Constitution and § 10 of the Public Officers Law, and for omission so to do, he shall be subject to all the liabilities and penalties prescribed by § 42 of the Penal Code and §§ 13, 15 and 20 of the Public Officers Law. Each Mayor, Clerk and Commissioner of Deeds shall, forthwith upon his election or appointment, file a certificate from the Clerk/Chamberlain of his election or appointment with, and also take and subscribe the constitutional oath of office, before the Clerk of the County of Oswego.
[Amended by L. 1919, c. 552; 10-30-1991 by L.L. No. 3-1991; 12-1-2009 by L.L. No. 6-2009]
Each Clerk/Chamberlain, City Engineer and Commissioner of Public Works shall, before he enters upon the duties of his office, execute and file an official bond in accordance with § 14 of the General Construction Law and §§ 11, 12 and 13 of the Public Officers Law, and, for omission so to do, shall be subject to the penalties and liabilities prescribed in § 42 of the Penal Code and §§ 13, 15 and 20 of the Public Officers Law; other than as herein provided, the penal sum named in any such bond, or the sum specified in any such undertaking as the maximum amount of liability thereon, shall be fixed by the Common Council.
[Amended by L. 1943, c. 710]
No officers of said city or any other person shall have the power or authority to make any purchase in behalf of or on the credit of the city or to contract any debts or liabilities against the city, unless authorized so to do by or in pursuance of the provisions of this Act or the Local Finance Law, and no account, claim or demand of any kind shall be allowed or paid unless so authorized. If any officer of the city shall vote for any appropriation or for the payment or expenditure of any moneys, not authorized by or in pursuance of law, such officer shall be liable to a penalty of one hundred dollars ($100.), to be recovered by the city in a civil action, and shall be guilty of a misdemeanor. If the Common Council or any city board shall pass any resolution authorizing or purporting to authorize any expenditure of money by the city for any purpose exceeding the amount authorized by or in pursuance of law, to be expended in any year, by the Common Council or any city board, each officer voting for such resolution shall be personally liable for the amount thereof, and each officer present in the meeting at the passage of the resolution shall be deemed as voting for the resolution, unless his dissent thereto is entered upon the minutes of the meeting at which such resolution was passed, but the City of Fulton shall not be liable therefor, and neither the Common Council nor any city board or city officer shall pay any debt or expenditure so contracted or made. If any officer of the city authorized to make any contract in his official capacity, or to take part in making any such contract, becomes directly or indirectly interested in such contract, he shall be liable to the penalty prescribed by § 473 of the Penal Code. If any person, having been an officer of said city, whose term of office has expired shall not, within five (5) days after notification and request, deliver to his successor in office all property, papers and effects of every description in his possession or under his control belonging to said city, or appertaining to such office, he shall be liable to a penalty of one hundred dollars ($100.), to be recovered by the city in a civil action, together with all damages caused by his neglect or refusal, and he may also be proceeded against, as provided in § 247 of the Code of Civil Procedure and § 57 of the Penal Code.
[Amended by L. 1911, c. 511; L.L. No. 1-1929; L.L. No. 4-1931; L.L. No. 1-1946; L.L. No. 1-1948; 3-1-1994 by L.L. No. 4-1994]
Subject to the competitive bidding requirements of § 103 of the General Municipal Law, all expenditures to be made or incurred by the Common Council or any other city official, employee or agent shall be made in accordance with the Procurement Policy, as adopted by the Common Council on March 1, 1994, as then written or as hereafter amended by resolution of the Common Council.
[Amended 10-30-1991 by L.L. No. 3-1991]
Each Mayor, Clerk and Commissioner of Deeds of the city shall have the same power and authority to administer oaths and take and certify affidavits and acknowledgments as a Town Justice of the County of Oswego.
[Amended 12-1-2009 by L.L. No. 6-2009]
The Mayor shall be the chief executive officer of the city and shall have and exercise all the powers conferred upon him by this Act. It shall be his duty to see that the laws of the state and the ordinances and bylaws passed by the Common Council and the boards of the city are faithfully executed within the city. He shall sign, on behalf of the city, all contracts made by it and cause the Seal of the city to be affixed thereto. He shall, when present, be the presiding officer of the Common Council. He shall have power and authority to call out and command the police and firemen of the city whenever, in his discretion, he shall deem it necessary, and such command shall be in all respects obeyed. Whenever necessary for the prevention or suppression of public disturbances, mobs or riots, it shall be his duty to take such action as is authorized by Chapters 3 and 4 of Title 2, Part 2, of the Code of Criminal Procedure, § 162 of the Military Code and § 21 of the General Municipal Law. It shall be his duty to exercise a constant supervision and control over the conduct of all city officers, and he shall have power and authority to examine, at all times, the books, vouchers and papers of any board, officer or employee of said city and to take and hear testimony and proof in pursuance of §§ 842 to 869 of the Code of Civil Procedure. He may, in writing, filed with the Clerk/Chamberlain, designate from time to time the place in said city where he will keep his office. It shall be the duty of the Mayor to communicate to the Common Council as soon after his election as practicable, and as often thereafter as he may deem expedient, a general statement of the affairs of the city in relation to its finances, government and improvement, with such recommendations as he may deem proper.
[Amended by L. 1908, c. 358; L. 1911, c. 551; L.L. No. 4-1945; L.L. No. 1-1964; 10-30-1991 by L.L. No. 3-1991; 12-1-2009 by L.L. No. 6-2009]
The Clerk/Chamberlain shall be the fiscal officer of the city and shall perform such duties incident to his office as the Common Council may require. He shall keep an office at such place as the Common Council shall provide and designate, which shall be kept open on such days and on such hours as the Common Council may from time to time by resolution designate. He shall keep separate accounts of the different funds of the city and shall not pay out any money chargeable to any fund in excess of the amount standing on his books to the credit of such fund and shall not knowingly pay money from any fund which is not properly chargeable thereto. It shall be the duty of the Clerk/Chamberlain to receive all state, county, city and local taxes and assessments which may be paid at such office. All funds received by him shall be deposited regularly in Financial Institutions in accordance with the guidelines established by the State Comptroller.
[1]
Editor's Note: Original § C27, General powers and duties of City Judge, was repealed 10-30-1991 by L.L. No. 3-1991.
[Amended by L. 1919, c. 552; 10-30-1991 by L.L. No. 3-1991; 12-1-2009 by L.L. No. 6-2009]
The Clerk/Chamberlain of said city shall be Clerk of the Common Council, Clerk of the Board of Fire and Police Commissioners and shall be the Registrar of Vital Statistics of said city. He shall perform such other duties incident to his office as may be required by the Common Council or by any such board. He shall keep the minutes of the Common Council and of each board of which he is Clerk and shall record, in books to be kept for that purpose, all proceedings of the Common Council and of each such board, and shall index the same. He shall keep an office at such place as the Common Council shall provide and designate. He shall have charge and custody of the Corporate Seal, books, papers, documents and official minutes of the city, except as otherwise provided by or in pursuance of law. He shall keep a book, and alphabetically index and record therein, all bonds of the city officers as well as all contractors or bonds running to the city or any of its officers, and shall note therein the date of filing each such bond. He shall, upon request and payment of the fees therefor, make certified copies of all records and documents in his possession or under his control, as such Clerk/Chamberlain, and may affix the Corporate Seal of the city to any such certificate, and such Seal shall be deemed to be his Official Seal, and any such certified copy shall be evidence as provided in § 933 of the Code of Civil Procedure. He shall be entitled to demand and receive fees for such certified copies at the rate as set forth in the Freedom of Information Law[1] from each person other than a city officer upon whose request any such certified copy is made and delivered for the use of the city. He shall keep an accurate account of all fees and moneys received by him as such Clerk/Chamberlain, other than his salary, including fees received by him as Registrar of Vital Statistics, and shall, on or before the 10th day of each month, pay over all such fees and moneys received by him as such Clerk/Chamberlain during the month immediately preceding to the credit of the General City Fund, for which he shall take a receipt and file the same in his office. Such receipt shall, at all times, be subject to examination, by the Common Council or any member thereof. His office is hereby declared a Town Clerk/Chamberlain's office, for the purpose of depositing and filing therein all books and papers required by law to be filed in a Town Clerk/Chamberlain's office, and he shall possess all the powers and discharge all the duties of a Town Clerk/Chamberlain not inconsistent with this Act.
[1]
Editor's Note: See § 84 et seq. of the Public Officers Law.
[Added 7-19-1988 by L.L. No. 3-1988]
The Deputy City Clerk shall:
1. 
Assist the Clerk/Chamberlain in the performance of his duties.
[Amended 12-1-2009 by L.L. No. 6-2009]
2. 
Serve as Deputy Registrar of Vital Statistics.
3. 
In case of absence, disability or a vacancy in the office of Clerk/Chamberlain, perform all of the duties and exercise all of the powers of the Clerk/Chamberlain.
[Amended 12-1-2009 by L.L. No. 6-2009]
[Added 11-16-1993 by L.L. No. 3-1993; amended 2-3-1998 by L.L. No. 2-1998]
Section I. Title.
This local law shall be known as a "Local Law Creating the Position of Executive Assistant to the Mayor" hereinafter referred to as "Executive Assistant."
Section II. Declaration of legislative intent.
The Common Council of the City of Fulton hereby recognizes the growing administrative needs of the city and desires to implement procedures to increase the efficient management of city government. The complexity of city government has increased greatly necessitating more efficient and effective operations within city government in order to better serve the needs of the citizens of the City of Fulton. The Council intends to create a position aimed at establishing more cost effective and responsible procedures for the operation of city government, which in turn should enhance and foster the roles of the Mayor and the Council in planning for and governing the City of Fulton now and in the future.
Section III. Authority.
This local law is set forth pursuant to Municipal Home Rule Law, § 10(1)(i)(ii)a(1), which states:
1.
In addition to powers granted in the constitution, the statute of local governments or in any other law,
(i)
every local government shall have power to adopt and amend local laws not inconsistent with the provisions of the constitution or not inconsistent with any general law relating to its property, affairs or government and,
(ii)
every local government, as provided in this chapter, shall have power to adopt and amend local laws not inconsistent with the provisions of the constitution or not inconsistent with any general law, relating to the following subjects, whether or not they relate to the property, affairs or government of such local government, except to the extent that the legislature shall restrict the adoption of such a local law relating to other than the property, affairs or government of such local government:
a.
A county, city, town or village:
(1)
The powers, duties, qualifications, number, mode of selection and removal, term of office, compensation, hours of work, protection, welfare and of its officers and employees, except that cities and towns shall not have such power with respect to members of the legislative body of the county in their capacities as county officers. This provision shall include but not be limited to, the creation or discontinuance of departments of its government and the prescription or modification of their powers and duties.
Section IV. Executive Assistant.
There shall be established the position of Executive Assistant to the Mayor for the City of Fulton, who shall be directly responsible to the Mayor. The Executive Assistant shall perform such delegated duties as may be assigned by the Mayor. By resolution, the Council may assign, modify or revoke certain administrative duties of the Executive Assistant. The Executive Assistant shall attend all meetings of the Council and shall report to the Mayor and Council on a regular basis.
Section V. Qualifications.
Comprehensive knowledge of the organizational structure of the city government.
Familiarity with modern governmental accounting principles, practices and systems.
Comprehensive knowledge of federal, state and local laws and regulations relating to municipal government.
Ability to apply basic principles and practices of administrative management.
Ability to acquire familiarity with the functions, organization, laws, policies and regulations of the city's departments.
Ability to secure the cooperation of others.
Ability to coordinate the activities of city departments in a manner conducive to full performance and high morale.
Ability to analyze information gathered for the purpose of developing recommendations and/or making decisions.
At the time of appointment, the Executive Assistant shall possess a college degree and at least five years of experience in the area of administration, or such combination thereof, as may be deemed appropriate by the Council.
The Executive Assistant appointment shall be based upon the qualifications presented and such other qualifications or skills required for the responsibilities of the position. By resolution and for appropriate reasons, the Council may waive these qualifications.
Section VI. Appointment.
The Executive Assistant shall be appointed by the Mayor with the approval of the Council and shall serve at the pleasure of the Mayor during the Mayor's term of office.
Section VII. Power and duties.
Without divesting the Mayor of his/her inherent administrative and statutory functions or the Council of its inherent legislative and statutory functions, as may be provided by law, and without curtailing, transferring or diminishing the powers of any elected official of the City of Fulton, the Executive Assistant shall be responsible for the day to day operations of city government and shall coordinate the efficient and effective activities of city employees through the department heads as required. Among the powers and duties that may be conferred upon the Executive Assistant are:
A.
Assist the Mayor in the day-to-day administration of city government.
B.
At the direction of the Mayor, coordinate and integrate the administrative and managerial activities required of city offices, departments, boards, commissions and committees.
C.
Perform administrative and managerial analysis of the operations and activities of the various city offices, departments, boards, commissions and committees and recommend methods and procedures for their improvement.
D.
Implement methods and procedures for improving the operations and activities of city offices, departments, boards, commissions and committees.
E.
Assist the Council, coordinating with the Mayor, in the labor relations and human resources activities of the city.
F.
Coordinate the training and staff development activities for city offices, departments, boards, commissions and committees.
G.
Work with all employees of the city to provide for the most efficient administration of city government.
H.
Prepare research and submit to the Council for its consideration recommendations concerning the operation of city government that the Executive Assistant may deem appropriate, or as the Council may request, and provide such other assistance, including but not limited to formulation of proposed legislation.
I.
Prepare reports and media releases relative to city government approved by the Mayor.
J.
Assist the Mayor in carrying out his/her responsibilities for the proper administration of city affairs, law enforcement and the maintenance of peace and order in the city.
K.
Assist the Mayor in bringing removal charges against the appointive head or deputy head of any department of city government and any city employee, board, commission or committee member for hearing and determination by the Mayor.
L.
Assist the Mayor by making recommendations for the appointment of personnel in and among agencies, offices, departments, commissions and committees of the city.
M.
Assist the Mayor in providing for and directing the internal organization and reorganization within individual city departments or agencies where consistent with applicable law.
N.
Assist the Mayor in keeping the Council generally informed concerning city affairs and of the financial condition and future needs of the city and helping the Mayor to make such recommendations as they deem desirable.
O.
Have such other powers or duties as the Mayor and Council may deem appropriate and assign to the Executive Assistant.
Section VIII. No divestiture of inherent powers.
Nothing contained herein shall permit or authorize the dive from any elected official of the City of Fulton or the Council of any of their functions, powers and/or duties.
Section IX. Cooperation of employees.
All employees are hereby directed to cooperate and assist the Executive Assistant, provide information to the Executive Assistant and work with the Executive Assistant to implement, through department heads, new policies and practices as he/she may request.
Section X. Nature of position.
The position of Executive Assistant shall be a full-time position and shall be supervised by the Mayor.
Section XI. Residency.
The Executive Assistant, if not a resident of the City of Fulton at the time of his/her appointment, shall become a resident of the City of Fulton within 180 days of appointment.
Section XII. Salary.
The salary of the Executive Assistant shall be as determined by resolution of the Council.
Section XIII. Severability.
If any clause, sentence or section of this local law shall be determined by a court of competent jurisdiction to be invalid, such determination shall not in any way invalidate the remainder of said local law.
Section XIV. Date of effect.
This local law shall take effect, upon its ratification by the Council and approval by the Mayor, 10 days after its first publication thereof in the official paper as required by § C43 of the Charter of the City of Fulton and after its filing with the Secretary of State.
[1]
Editor's Note: Original § C29 was renumbered as § C221a 10-30-1991 by L.L. No. 3-1991.
[Amended by L. 1919, c. 552]
The City Engineer shall perform all of the city engineering required by the Department of Public Works and by the other departments and the other officers of the city. He shall make all preliminary surveys for the opening, making, constructing, paving, macadamizing, repairing, grading and establishing the grade of all streets, side- and crosswalks, gutters, sewers, sewer inlets and the measurements of all work done on the same or on other public places in the city, and he shall prepare plans, profiles and specifications therefor, when necessary, or when required by or for the Department of Public Works, and he shall perform such other duties as may from time to time be required by such department, and he shall have the supervision of all work requiring the services of an engineer. He shall have no power to contract any liability or debt on the part of the city. He shall keep in his office books and records of all surveys and maps of streets, avenues and lanes and the grades thereof, and sidewalks, water mains, sewers and sewer inlets with location and grades thereof. Such books, records and maps made by the City Engineer or purchased by the city shall be properly indexed and shall be the property of the city and shall be transmitted with all other matters pertaining to his office to his successor.
[1]
Editor's Note: Original § C31, General powers and duties of the Superintendent of Public Works, was repealed by L. 1919, c. 552.
[Amended 10-30-1991 by L.L. No. 3-1991; 7-5-2011]
It shall be the duty of every Councilor to attend the regular and special meetings of the Common Council; to act upon committees when appointed by the Mayor or Common Council; to arrest or cause to be arrested all persons violating the laws of the state or ordinances, bylaws or police regulations of the city, when such violations are committed in his presence; to report to the Mayor all subordinate officers who are guilty of any official misconduct or neglect of duty; to aid in maintaining peace and good order in the city; and to perform or assist in performing all such duties as are by this Act enjoined upon the Councilors of said city separately or upon the Common Council thereof.
[Amended by L. 1918, c. 482; 7-6-1972 by L.L. No. 1-1972]
1. 
The City Assessor shall perform all the duties required of him by this Act and the laws of the state in relation to the assessment of property in said city.
2. 
The Board of Assessment Review shall hear and determine complaints in relation to assessments and shall have all the powers and duties imposed by the Real Property Tax Law of the State of New York and by any other laws of the State of New York. The members of the Board of Assessment Review shall be paid on a per diem basis to be established by the Common Council each fiscal year.
3. 
The Board of Assessment Review shall henceforth consist of five members. They shall serve for terms expiring September 30, 2008, 2009, 2010, 2011, and 2012. Current Board of Assessment Review members shall continue in their appointments. Unfilled positions shall be filled by Common Council appointments. Upon the expiration of any term, it shall be thereafter filled for a five-year term.
[Added 4-1-2008 by L.L. No. 4-2008]
[Amended 12-1-2009 by L.L. No. 6-2009]
Other than as herein provided, all moneys belonging to said city shall be paid to the Clerk/Chamberlain thereof and deposited to the credit of the General City Fund, and all payments of money made by said city or by any board or officer thereof, when authorized by or in pursuance of law, when the fund from which such payment is to be made is not otherwise designated, shall be made from the General City Fund.