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.
(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.
(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.
(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:
(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:
