The elective officers of said city shall be one Mayor, one City Judge and one City Treasurer. The elective officer in each of the five wards shall be one Councilman (Alderman). There shall also be one elective officer of Councilman-at-large. There shall also be such appointive officers as hereinafter provided. [§ 10, L. 1911, c. 870; amended by L.L. No. 2-1939; § 2, L. 1985, c. 656; L.L. No. 1-1986; L.L. No. 7-1998[1]]
[1]
Editor’s Note: This local law was passed by mandatory referendum 11-3-1998.
There shall be appointed by the Mayor a Deputy City Clerk, a Corporation Counsel, a City Marshal, a Commissioner of Public Works, a City Physician, and a City Sealer of Weights and Measures. He shall also appoint four Police Commissioners and four Fire Commissioners. Other officers may be appointed as provided in this act or otherwise by law. All officers of said city whose elections or appointments are not herein provided for shall be appointed by the Mayor. [§ 11, L. 1911, c. 870; amended by L.L. No. 1-1928; L.L. No. 1-1930; L.L. No. 1-1937; L.L. No. 1-1943; L.L. No. 1-1953; L.L. No. 3-1959; L.L. No. 2-1962; L.L. No. 2-1963; L.L. No. 6-1966]
The office of Superintendent of Streets is hereby created and shall be filled by appointment as provided by the Civil Service Law of the State of New York, ordinances of the Common Council and rules and regulations of the Civil Service Commission of the City of Lockport. [Added by L.L. No. 1-1959]
The office of Commissioner of Assessment and Taxation is hereby created and shall be filled by appointment as provided by the Civil Service Law of the State of New York, ordinances of the Common Council and rules and regulations of the Civil Service Commission of the City of Lockport, New York. [Added by L.L. No. 4-1959]
The office of Deputy City Treasurer shall be filled by appointment as provided in the Civil Service Law of the of State New York, ordinances of the Common Council and rules and regulations of the Civil Service Commission of the City of Lockport, New York. [Added by L.L. No. 2-1962]
There shall be appointed by the Mayor a City Clerk, who shall hold office for a term of five years, commencing July 1, 1972, and expiring June 30, 1977. Thereafter, the term of office of the City Clerk shall be for five years commencing July 1 and expiring on June 30 five years later, notwithstanding the provisions of § C-18 of the Charter of the City of Lockport, New York, as amended. [Added by L.L. No. 2-1963; amended by L.L. No. 1-1972]
The office of Deputy City Clerk shall be filled by appointment as provided in the Civil Service Law of the State of New York, ordinances of the Common Council and rules and regulations of the Civil Service Commission of the City of Lockport, New York. [Added by L.L. No. 2-1987]
The terms of elective officers shall be as follows: Mayor, City Treasurer, four years; Councilman (Alderman), two years; City Judge, six years. [§ 12, L. 1911, c. 870; amended by L.L. No. 2-1939; § 2, L. 1985, c. 656[1] L.L. No. 8-1998[2]]
[1]
Editor’s Note: Section 5 of this act provided that this amendment shall not take effect until 1-1-1998.
[2]
Editor’s Note: This local law was passed by mandatory referendum 11-3-1998.
The Corporation Counsel, City Physician and City Sealer of Weights and Measures shall hold office for a term of one year. The terms of office of the Police and Fire Commissioners shall be four years. They shall be appointed initially for a term of one, two, three and four years respectively.
Thereafter, on the expiration of the term for which the Police and Fire Commissioners were initially appointed, one Police Commissioner and one Fire Commissioner shall be appointed for a term of four years. [§ 13, L. 1911, c. 870; amended by L.L. No. 1-1928; L.L. No. 1-1930; L.L. No. 1-1937; L.L. No. 1-1943; L.L. No. 1-1953; L.L. No. 5-1956; L.L. No. 2-1958; L.L. No. 5-1959; L.L. No. 2-1962; L.L. No. 2-1963; L.L. No. 7-1966; L.L. No. 2-1987; L.L. No. 6-1992]
No person shall be elected or appointed to a city office unless at the time of his election or appointment he is a resident of the city. If elected to ward office, he must be at the time a resident of the ward for which he is elected. If an officer shall cease to be a resident of the city or of the ward for which he was elected, his office shall thereby become vacant. A person shall not be appointed as Corporation Counsel or be eligible to hold office of City Judge unless he shall have been admitted to practice in this state as an attorney at law and practiced as such for a period of at least five years. A person shall not be eligible for appointment to the office of Commissioner of Public Works unless he be a graduate engineer with a professional engineer license and having had at least 10 years' practical experience in public works or related fields. A person shall not be eligible to the office of City Engineer unless he be a graduate engineer with a professional engineer license and having had at least five years' practical experience in public works or related fields. A person shall not be eligible for appointment to the office of Commissioner of Assessment and Taxation unless he have at least 10 years' acceptable experience in field appraisal work. Not more than three of the Police Commissioners shall be members of the same political party. [§ 14, L. 1911, c. 870; amended by L.L. No. 3-1958; L.L. No. 1-1959]
The salaries or compensation of all appointive officers and such other officers and employees as may be authorized by this act shall be fixed by the Common Council. In addition to the salary paid to the City Treasurer, there shall be allowed to him by the Common Council such sums as may be necessary to pay for clerical assistance. The compensation allowed the Corporation Counsel shall be in full for all his services for the city, exclusive of his legal disbursements and costs collected by him in all actions brought or defended by him for the city. The salary or compensation of appointed city officers, fixed and allowed by the Common Council, and the salary of elective officers fixed as provided by law, shall be in full for all services rendered by them to the city, and none of said officers shall receive for himself any other fees, compensation or perquisites, unless otherwise expressly provided by this act. Effective January 1, 2007, the salary of an elective officer may be changed by the Common Council in the month of July, preceding the general election at which candidates for such office are to be voted for, but at no other time, and such change in salary shall not become effective until the first day of January following such election. [§ 15, L. 1911, c. 870; amended by L.L. No. 2-1939; L.L. No. 1-2006]
All officers and employees of the City of Lockport whose regular compensation does not include mileage allowances shall, when authorized to travel on official business, be entitled to mileage allowances for the use of personal automobiles at the rate established by the Common Council, from time to time, in going to and returning from the place where such official business is transacted; provided, however, that the total distance traveled does not exceed 1,000 miles. When the total distance traveled does exceed 1,000 miles, said officers and employees shall be entitled to mileage allowances for the use of personal automobiles at the rate charged for the least expensive means of public conveyance available to the place where such official business is transacted. [Added by L.L. No. 2-1951; amended by L.L. No. 4-1965; L.L. No. 3-1974]
Except as herein otherwise expressly provided, the salaries of all officers to be paid by said city shall be paid at such time as the Common Council shall direct, and any amount due the said city for moneys had or used or retained by any of said officers shall be retained out of said salaries, and the balance then due shall only be paid. [§ 16, L. 1911, c. 870; amended by L. 1919, c. 349]
All elective city officers shall enter upon the duties of their respective offices on the first day of January following their election, except as herein otherwise provided, and all appointive officers shall take their office the day after their appointment, except as herein otherwise provided. [§ 17, L. 1911, c. 870]
Every term of office herein specified as continuing for one year shall expire with the close of the municipal year with or in which said term began; every term specified as for two years shall expire with the close of the municipal year after that with or in which said term began; every term specified as for three years shall expire with the close of the second municipal year after that with or in which said term began; every term specified as for four years shall expire with the close of the third municipal year after that with or in which said term began; every term specified as for five years shall expire with the close of the fourth municipal year after that with or in which said term began; provided, however, that every officer in said city shall hold his office until his successor therein shall qualify, as herein required. [§ 18, L. 1911, c. 870; amended by L.L. No. 4-1958; L.L. No. 2-1959; L.L. No 6-1992]
Resignation of any office held under the provisions of this act or any ordinance passed pursuant thereto shall be made to the Mayor in writing, shall be subject to his approval and acceptance and shall be filed by him with the City Clerk within five days. [§ 19, L. 1911, c. 870]
The Mayor shall have power to remove any officer appointed under this act for incompetency, neglect of duty, misconduct or inability to perform the duties of his office and, when necessary, may appoint another in his stead, who shall hold for the unexpired residue of the term of his predecessor, subject to like power of removal by the Mayor; but such removal must be founded on specific charges in writing, whereof a copy shall be furnished to such officer, and before such removal he shall have an opportunity to appear in person, or by counsel, and be heard in his defense. [§ 20, L. 1911, c. 870]
A vacancy in an elective office shall be filled by appointment by the Mayor, until the next annual election, when it shall be filled by election for the unexpired part of the term of office. A vacancy in the office of Mayor shall be filled as provided in § C-57. A vacancy in the office of Alderman or Supervisor shall be filled by appointment of Alderman or Supervisor who shall be of the same political party as the person whom he succeeds. [§ 21, L. 1911, c. 870; amended by L.L. No. 3-1963]
Except as herein otherwise provided, if there shall be a vacancy in an appointive office, the Mayor shall fill the same by appointment for the unexpired residue of the term of said office. Every appointment to office by the Mayor shall be made at a meeting of the Common Council or be reported in writing by the Mayor to the Common Council at its meeting next after the appointment. [§ 22, L. 1911, c. 870]
If at any election under this act, any two or more persons shall receive an equal number of votes, being the highest in number for any office, such failure to elect shall be deemed to create a vacancy in said office, and the Mayor shall have power and it shall be his duty immediately to appoint one of such persons to fill such office, in like manner and with like effect as an appointment to fill a vacancy in an elective office as hereinbefore provided. [§ 23, L. 1911, c. 870]
A commission under the Seal of the city, signed by the Mayor and attested by the City Clerk, designating the office, the term for which the appointment is made, and the appointee, shall be issued to every person appointed to office in said city under this act. [§ 24, L. 1911, c. 870]
In addition to the officers specially required by this act to give official bonds, the City Clerk, the Superintendent of Streets, and such other officers of the city as may be required thereto by the Common Council, shall severally, before entering upon the duties of their respective offices, give a bond in such penal sum as the Common Council may direct. [§ 25, L. 1911, c. 870]
Except when herein otherwise expressly provided, every official or other bond given under or in pursuance of any of the provisions of this act shall be made to the City of Lockport as obligee, and be signed and sealed by the principal and a corporation duly authorized to execute surety bonds; the surety thereto shall justify in an amount equal to twice the penal sum therein specified, except when said sum is $3,000 or upwards, when they shall justify in an amount equal to the penal sum. Every bond shall be subject to the approval of the Mayor as to form and sufficiency of the sureties, and if approved, the Mayor shall properly endorse his approval in writing thereupon, and it shall be filed with the City Clerk. Every official bond shall be conditioned for the faithful execution of the duties of the office by the officer giving it, and that he will faithfully keep and pay over all moneys received by him as such officer according to law, and account therefor whenever required by law or the Common Council of said city, and such other conditions as the Common Council shall deem necessary for the interest of the city, or as are required by this act in any special case. [§ 26, L. 1911, c. 870]
If any officer of said city who shall be required by any of the provisions of this act, or by any ordinance or resolution of the Common Council, to give any bond or other instrument before entering upon the duties of his office or any further or additional bond under any of the provisions of this act, shall fail to furnish the same in the manner prescribed by this act, or by any such ordinance or resolution, within 10 days after he shall be duly notified to do so, the Common Council shall declare his office vacant, and the same shall thereupon become vacant and the Mayor shall proceed and cause the same to be filled in the manner provided for in this act in cases of vacancies in office. [§ 27, L. 1911, c. 870]
Every person elected or appointed to any office under this act, before entering upon the duties of the same, shall take the oath of office prescribed by the Constitution of this state, before the Mayor or some other officer authorized to take affidavits, and file the same with the Clerk of said city, except the Mayor, Commissioners of Deeds, City Clerk, Deputy City Clerk, and Corporation Counsel, whose oaths shall be filed with the Clerk of Niagara County; and every person so elected or appointed who shall refuse or neglect to take and file said oath of office for the space of eight days after notice of such election or appointment shall be subject to a fine, to be fixed by the Common Council, of not over $25, and the office shall thereupon, after said period of eight days, be deemed vacant. [§ 28, L. 1911, c. 870]
Any person having been in office in said city, who shall not, within 10 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 the office so held by him, shall forfeit and pay to the use of said city $100, besides all damages caused by his neglect or refusal to deliver the same. [§ 29, L. 1911, c. 870]
During such time as there shall be no Commissioner of Jurors, or other officer performing the duties of the office of commissioners of jurors by whatever title it may be called, in and for the County of Niagara, the city shall be regarded as a town under Article 16 of Chapter 35 of the Laws of 1909, respecting the return of trial jurors; and the Supervisors and the City Clerk shall perform the duties therein enjoined upon the supervisor, assessors, and town clerk of the several towns of the state, except that the duplicate of the return of jurors made by them to the County Clerk shall be filed with the City Clerk. [§ 30, L. 1911, c. 870]
Each ward of the said city shall be regarded as a town under the Nineteenth Article of the Town Law, and the Supervisor and Alderman of each ward shall be fence viewers and shall possess all the powers and authority in respect to division fences in their respective wards which are given by the said Article to town fence viewers with respect to division fences. [§ 31, L. 1911, c. 870]
The Mayor shall annually appoint 20 Commissioners of Deeds who shall hold their offices for two years. The City Clerk, Deputy City Clerk, Corporation Counsel, and the Police Chief and departmental designees shall be ex officio Commissioners of Deeds of the city, with the same powers as other Commissioners of Deeds therein. In taking acknowledgments or affidavits pertaining to their respective offices, they shall not exact or receive a fee therefor. [§ 32, L. 1911, c. 870; amended by L.L. No. 1-1969; L.L. No. 1-2001]
The Mayor shall have power to appoint, at any time he may consider the same necessary for the public interest, so many watchmen and special policemen as he may deem necessary, all of whom shall hold their offices at the pleasure of the Mayor; said special policemen and watchmen shall have no salary or compensation from the City of Lockport. [§ 33, L. 1911, c. 870]
The Mayor, the Chairman of any committee or special committee of the Common Council, each Water Commissioner, Police Commissioner, each Clerk of any board or commission in said city shall have power to take affidavits and acknowledgments and administer oaths in respect to any account, bill or other matter pending before any of said officers, Council, committee, special Committee, board or commission. Any person who shall take any oath or affirmation, or make any statement under oath or affirmation, or make any affidavit under or by virtue of any provision of this act, who shall, under such oath or affirmation, or in any such statement or affidavit, willfully swear falsely as to any material fact or matter, shall be guilty of perjury. [§ 35, L. 1911, c. 870]
The annual city and ward election shall be held on the same day with the state general elections. The Common Council shall cause public notices thereof to be given, specifying the time when and polling places in each ward where said election shall be held, and the city and ward officers to be chosen thereat, by publication in the official paper in said city and in another daily newspaper having the largest circulation therein at least once in each week for the six successive weeks next preceding each election. Elections held under this act shall be governed by the General Election Law of the state, where it is not inconsistent with the provisions of this act, and all certificates of nominations shall be filed as provided therein. [§ 36, L. 1911, c. 870]
Each ward shall constitute at least one election district for said annual election and for all state and other elections to be held in said city, except for the election of members of the Board of Education and school district officers. The Inspectors chosen under this act shall be Inspectors of all such elections, except as aforesaid, and shall possess the powers and discharge all duties of inspectors of elections under the laws of this state. The provisions of the Election Law are hereby declared applicable to the said City of Lockport, and the elections to be held under this act, except as far as they may be inconsistent herewith. [§ 37, L. 1911, c. 870]
Every inhabitant residing in said city who shall, at the time and place of offering his vote, be qualified to vote for member of Assembly in the Assembly District in which said city is situated, shall be entitled to vote in the ward in which he shall then reside for all officers to be voted for by virtue of this act in said ward. [§ 38, L. 1911, c. 870]
Upon the closing of the polls the Inspectors shall forthwith without adjournment canvass the votes and shall make and certify statements of the results in the manner required by the Election Law. Separate returns as to city officers voted for shall be filed by the said Inspectors in the office of the City Clerk on the same or the following day before 9:00 a.m. [§ 39, L. 1911, c. 870]
No person entitled to vote at any election held under this act shall be arrested on civil process or served with a summons or other process whereby a civil action is begun within said city on the day on which any election is held under this act. [§ 40, L. 1911, c. 870]
The Aldermen and Supervisors in office when this act takes effect shall continue in office until the expiration of their respective terms. Each such Alderman and Supervisor shall represent the ward in which he was elected, as constituted at the time of his election, until the expiration of his term. An Alderman and a Supervisor shall be elected for each ward, as constituted by this act, at the annual city and ward election, to be held in the year 1911, to take office on January 1, 1912. The Aldermen at Large shall continue in office until the expiration of the terms for which they were elected. There shall be no Alderman at Large at the city election to be held in 1911. [§ 42, L. 1911, c. 870]
All elective and appointive city officers in office when this act takes effect shall continue in office until the expiration of the terms for which they were respectively elected or appointed, unless it is otherwise expressly provided in this act. [§ 43, L. 1911, c. 870]
The Justices of the Peace and Constables in office when this act takes effect shall continue in office until the term for which they have been elected shall have expired. At the general election held in the year 1913, and every four years thereafter, there shall be elected one Justice of the Peace and one Constable who shall hold office for four years each. The said Justices of the Peace and Constables now in office and those thereafter elected shall have the same powers and exercise the same jurisdiction conferred by the Charter of the City of Lockport prior to the taking effect of this act. [§ 44, L. 1911, c. 870]
1. 
The City of Lockport recognizes that emergency situations arise which require employees of the City of Lockport to be near their place of employment and to assume the continuation of public services to protect the health, safety, and general welfare of the people. The City of Lockport believes that those who are residents of the City of Lockport take a greater interest in promoting the public safety and health in the future of this community, than do nonresidents who reside in areas unaffected by City of Lockport services. The City of Lockport further declares that such a quality is desirable for its employees. The legislative body considers that residency by its employees within the community will help to assure continuation of essential public services. However, the City also recognizes the decline in population in the City, and the need to find the best possible candidate for each position within the City of Lockport. The best candidate may not always be a resident of the City of Lockport. Therefore, through adoption of this local law, the City of Lockport amends the current local local for residency to require employees to live within five and one half (5.5) miles from One Locks Plaza, Lockport. The legislative body makes a legislative determination that when reviewing candidates for employment opportunities, qualified candidates that reside within 5.5 miles from One Locks Plaza will be given preference over those that are qualified, but do not live in the City and/or within that radius. Further, if there are no qualified City residents who apply for a given position, or residents within 5.5 miles of One Locks Plaza, then qualified residents of the County of Niagara shall be given preference over those candidates that do not live in the County. The City of Lockport determines that the public need for the best qualified candidate is sufficient to require that candidates of the City be given preference, if qualified, over nonresidents, but after the effective date of this local law, it is no longer a mandatory requirement to be a resident of the City of Lockport to be employed by the City, the employee only needs to maintain his or her permanent residence within 5.5 miles of One Locks Plaza. However, this local law does not affect any residency requirements of enumerated positions within this City Charter, Code, or employment agreements that specifically require residency, to wit: all elected positions, or the following officer positions: City Clerk, Corporation Counsel, Chief Building Inspector, Chief Water Treatment Plant Operator, Chief Waste Water Treatment Plant Operator, Chief of Police, Chief of Fire.
2. 
Definition. Residency shall mean, for the purpose of this local law, the actual principal domicile of an individual, where he or she (1) normally sleeps (2) maintains usual personal and household effects (3) lists as an address on tax filings; and lists as his or her address for a motor vehicle registration, if any.
3. 
Residency for new municipal employees that have a residency requirement as described hereinabove. Except as otherwise provided by law, the City of Lockport hereby maintains a residency requirement for all prospective employees that have been specifically enumerated in this Charter, Code, or in Employment contracts as stated hereinabove. Any other City employee shall be interviewed and/or hired as described hereinabove, with preference given to City residents who are qualified for the position, then residents within 5.5 miles of One Lock Plaza, then County residents who are qualified for the position, then the most qualified candidate if no City or County residents apply. Every person initially employed by the City of Lockport that is an enumerated position for residency, on or after the effective date of this local law shall, as a qualification of employment, become a resident within 5.5 miles of One Locks Plaza, Lockport, within 12 months of the date of initial service for the City of Lockport. During the time of service of such an employee whose enumerated position requires residency, said individual shall not cease to be a resident of the City of Lockport.
4. 
Exceptions. The requirement of residency within the corporate limits of the City does not apply to temporary employees, temporary advisors and consultants, persons having an independent contractor status and current employees of the City of Lockport, who reside outside the corporate limits of the City. Also exempt from residency requirements are members of the Fire Department and Police Department, so long as the Police Department has 200 or more full-time members as set forth in further detail in Section 30(4) of the Police Officers Law. Finally, the City Engineer position is no longer required to have a residency requirement due to the difficulty the City historically has had filling that position. However, said position of City Engineer does have the requirement of the 5.5 mile residency radius.
5. 
Residency upon promotion. All employees promoted by the City of Lockport on or after the effective date of this local law, whose position specifically requires residency per the Charter, Code, or employment contract, shall be, or, within 12 months of such promotion shall become, a resident within 5.5 miles of One Locks, Plaza, Lockport.
6. 
Notice and posting. A copy of this local law shall be provided to each employee upon his or her initial appointment or promotion. However, a failure to do so shall not affect the application of this local law to any employee appointed or promoted after its effective date. A copy of this law shall be posted in all locations normally used for employee communications.
7. 
Investigation of residency. Should it be alleged that an employee, whose position requires residency, is not in compliance with Section three or four of this local law as the case may be, the City of Lockport may initiate a hearing by providing the employee with written notice of his or her alleged violation and shall allow the employee seven calendar days in which to respond. If there is a failure to respond or if, in the judgment of the City of Lockport, the response is not sufficient to satisfy the requirements of this local law, the City of Lockport shall set a date to hear the charge of nonresidence. The employee shall be sent a notice of the hearing date at least 15 calendar days prior to the hearing. A record of the hearing shall be made. Should an employee whose position requires residency, establish residency to the satisfaction of the City of Lockport prior to the hearing date, it shall result in a cancellation of the hearing authorized by this section.
To conduct the hearing, the City of Lockport may in writing designate an individual who for the purpose of the hearing shall be vested with all powers of the City of Lockport for review and decision. Should the City of Lockport determine that an employee, whose position requires residency, is a nonresident in violation of this local law, the employee shall be notified in writing that he or she has been deemed to have voluntarily resigned from employment as of the date of the determination. Upon reestablishing residency, an individual having so resigned may apply for reinstatement to his or her former position and shall be reinstated if the position is vacant.
8. 
Waiver of requirements. In the event that the City of Lockport determines that it is in the best interest of the City of Lockport to do so, the provisions of Section three or four - as it relates to enumerated positions with residency requirements- may be waived by the appointing/hiring body, with respect to an incumbent or incumbents of a particular title or titles in accordance with the following standards
a) 
Lack of applicants. The requirement of residency within 5.5 miles of One Locks Plaza may be waived in those instances where the City of Lockport has difficulty hiring or promoting the most qualified person because of its residency requirements.
b) 
Necessity for nonresidence. The requirement of residency within 5.5 miles of One Locks Plaza may be waived in those instances where it is determined that residency is not in the best interest of the municipality.
Such a waiver shall not in any way affect the application of Section three or four of this local law with respect to any other title or titles.
[Added 3-2-2005 by L.L. No. 3-2005; 12-20-2023 by L.L. No. 4-2023]