City of North Tonawanda, NY
Niagara County
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Table of Contents
Table of Contents
The officials of the city elected by the voters are the mayor, the council members, the city attorney and the city clerk-treasurer.
The person who receives a plurality of the votes for a specified city office at the general election shall be the person elected.
(a) 
The term of office of all elected officers of the city shall commence on January 1 next succeeding their election. Except as otherwise provided, the terms of office of all elected officers of the city shall expire on December 31 in the last year of their respective terms. Every elected city officer shall hold office until a successor shall have been elected and shall have qualified, unless the office has become vacant.
(b) 
Except as otherwise provided in this charter, the term of office of the city attorney and city clerk-treasurer is four years.
Vacancies occurring in any elective office shall be filled by the common council at its next regular meeting, where practicable, after creation of the vacancy. The person appointed to fill the vacancy shall hold office only until December 31 next succeeding the first annual election at which the vacancy can be filled after the vacancy occurred.
(a) 
Except as otherwise provided by subsection (b) of this section and state law, the salaries of elected officers of the city,[1] are as established by ordinance. Such ordinance shall be adopted no later than May 1 of each year. Such salary shall take effect on January 1 of the ensuing year and shall not be changed during the continuance of the term of office to which such officer shall have been elected.
[1]
*So in original.
(b) 
The salary of the mayor shall be commensurate with the salary paid to the chief executive officers of New York Municipalities of a similar size as the city.
(a) 
The city attorney shall prosecute and defend all actions and proceedings by and against the city and every department thereof and to perform[1] such other professional services relating to the city as the mayor, common council or city clerk-treasurer may direct.
[1]
*So in original.
(b) 
The city attorney shall be the attorney and counselor of the city and of its various boards and departments, including the city clerk-treasurer. The city attorney may retain additional counsel when necessary and when approved by resolution of the common council. A conflict of interest shall be deemed to exist, and the city attorney must recuse himself or herself and not represent any party, where litigation in whatever forum, involves claims by one or more elected officers of the city against one or more other elected officers of the city. Subject to availability of budgeted funds, the city attorney may appoint such assistants as deemed necessary. Such appointments shall not be subject to confirmation by the common council.
(c) 
The city attorney shall, when required, prepare all legal papers, contracts, deeds and other instruments for the city and the different departments thereof and also attend meetings of the common council.
(e) 
[2]The common council shall pay the city attorney all disbursements or expenses incurred by the city attorney on behalf of the city as provided for in the adopted budget.
[2]
*So in original.
(a) 
The city clerk-treasurer shall:
(1) 
Assist the mayor in preparation of the budget.
(2) 
Be the chief fiscal officer of the city.
(3) 
Be the custodian of all moneys belonging to the city and of all bonds and other evidence of the city's indebtedness.
(4) 
Maintain budgetary control over all departments and offices of the city.
(5) 
Collect all moneys belonging to the city unless the duty to collect same is vested in another city officer or city employee.
(6) 
Deposit all city funds in depositories designated by the common council.
(7) 
Prepare the agenda for, issue required notices for, and in-person, or through his or her designee, be present for all meetings of the common council and shall, through its office, act as clerk of the common council.
(8) 
The city clerk-treasurer shall record all local laws, bylaws, rules, ordinances, resolutions and proceedings of the common council in books provided by the city and kept for that purpose.
(9) 
Through its office, act as clerk for such officers and public boards within the city as the common council may direct.
(10) 
Except as otherwise provided by this charter, have the custody of the city seal and all city records, books and papers.
(11) 
The city clerk-treasurer shall sign all licenses and shall keep an accurate record of all such licenses and permits. Such record shall specify the date of each license, to whom issued, the amount paid therefore[1] and such other matters as may be required by the common council.
[1]
*So in original.
(b) 
If the city clerk-treasurer becomes disabled but a vacancy in the office is not created, the mayor shall appoint an elector of the city to serve as acting city clerk-treasurer during such period of disability. The person so appointed shall have all of the powers of the city clerk-treasurer and shall receive the same salary as the city clerk-treasurer.
(c) 
On or before the fifteenth day of each month the city clerk-treasurer shall file with the common council a financial report in the form prescribed by the common council. The report shall contain the following information concerning city finances:
(1) 
Detailed statements as to the expenditure and receipts during prior month and for the fiscal year to date.
(2) 
The balance in each fund of the city and the depositories in which they are located.
(3) 
Such other information as the common council may require.
(d) 
On or before the last day of February of each year the city clerk-treasurer shall file with the common council a financial report in the form prescribed by the common council. The report shall contain the following information concerning city finances:
(1) 
Detailed statements as to the expenditure and receipts for prior fiscal year.
(2) 
The balance in each fund of the city and the depositories in which they are located.
(3) 
Such other information as the common council may require.