[Amended 11-9-1982 by L.L. No. 17-1982; 11-4-1986 by L.L. No.
10-1986; 11-7-1989 by L.L. No. 16-1989]
The elective officers of the City shall be a Mayor, elected
city wide, City Council President, elected city wide, and six Councilmembers,
one elected from each City Council District.
[Amended 11-9-1982 by L.L. No. 17-1982; 11-4-1986 by L.L. No.
10-1986; 11-7-1989 by L.L. No. 17-1989; 11-8-1994 by L.L. No.
13-1994; 3-12-2002 by L.L. No. 10-2002 [1]; 9-4-2002 by L.L. No. 12-2002 [2]]
A.
The term of office of each elective officer, unless elected to fill
a vacancy then existing, shall commence on the first day of January
next succeeding his or her election. The term of office of each appointive
officer shall commence on the day succeeding his or her appointment,
unless a different date is specified in the certificate of appointment.
B.
The term of the Mayor shall be four years; the term of office of
councilmember shall be four (4) years; and the term of the office
of city council president shall be four (4) years. In order to assure
orderly transitions and continuity in government, there shall be general
elections every two years with the Mayor and one-half of the city
council elected at one general election and with the city council
president and the other half of the city council elected at the subsequent
general election. To create such staggered terms of office, the following
shall occur:
C.
Except as otherwise provided in this Section no person shall be eligible
to be elected, appointed, or to otherwise continue to hold the office
of mayor, city council president, or councilmember, after that person
has been elected to that office for four (4) complete consecutive
four (4) year terms, unless one complete term or more has elapsed
since that person last held such office. In determining the number
of consecutive terms a person has served:
[Amended 4-26-2005 by L.L. No. 1-2005; 10-30-2018 by L.L. No. 12-2018; 11-22-2022 by L.L. No. 10-2022]
(1)
Only
terms commencing on or after January 1, 1995, shall be counted; and
(2)
If the
mayor, city council president or city council member resigns, vacates
or is removed from office prior to the completion of a full term,
he or she shall be deemed to have held that office for a full term
for the purposes of this section of the Charter. No service for a
partial term by any person elected or appointed to fill a vacancy
shall be included in calculating the four (4) complete consecutive
four (4) year terms.
D.
Section 13 of the Second Class Cities Law shall not apply to the
City of Yonkers.
A.
As used in this section, the following terms shall have the meanings
indicated:
(1)
"officer" or "employee" shall mean a salaried officer or employee
of the city who is not included in a collective bargaining unit or
agreement; and shall not mean or include any elected official.
(2)
"salary band" shall mean a range of permissible salary or compensation
for a given job title.
(3)
"salary band control point" shall mean the midpoint of a salary band.
(4)
"salary schedule" shall mean no less than fifteen salary bands and
salary band control points which establish the range of permissible
compensation for for the job titles of officers and employees.
B.
The salary or compensation of officers and employees shall be established
as provided in this section.
C.
The Mayor shall prepare a proposed salary schedule and submit it
to the City Council for review and adoption, as follows:
(1)
the Mayor shall enumerate the existing job titles of the city's officers and employees, except those governed by Subsection D of this section;
(2)
the Mayor shall place each such job title into one of the salary
bands of the salary schedule, taking into account the nature of each
job title, its duties, qualifications, responsibilities, and other
relevant factors;
(3)
the Mayor shall set the salary band control point for each salary
band and state in writing the methodology used to create the salary
band control points and their relationship to one another; and
(4)
the Mayor shall submit the salary schedule to the City Council by
filing it with the City Clerk on the same day that the Mayor's budget
is submitted to the City Council as set forth in Section C5-2 of this
Charter.
D.
The City Council shall supplement the salary schedule by placing
into the appropriate salary band the job titles of the officers or
employees in the Office of the City Clerk, the Division of Elections,
the Office of the Council President, the Office of the Majority Leader,
the Office of the Minority Leader, and the staff of the City Council,
if any, taking into account the nature of each job title, its duties,
qualifications, responsibilities, and other relevant factors.
E.
The City Council may accept or reject as whole the salary schedule
submitted by the Mayor. In the event the City Council rejects the
salary schedule, the City Council shall set forth its reasons in writing
along with the rejection. The Mayor and the City Council shall meet
until a salary schedule is developed by the Mayor which is approved
by the City Council. The City Council may not alter or amend the placement
of any job title within a salary band as determined by the Mayor in
the Mayor's proposed salary schedule. The City Council shall adopt
a resolution establishing the salary schedule for the upcoming fiscal
year at the time that the City Council approves the current budget
for the upcoming fiscal year.
F.
The Mayor may unilaterally amend the placement within a salary band
of any job title within the Office of the Mayor. The City Council
may unilaterally amend the placement within a salary band of any job
title within the Office of the City Clerk, Division of Elections,
Office of the City Council President, Office of the Majority Leader,
Office of Minority Leader, and staff of the City Council, if any.
G.
Except as provided in Subsection F of this section, any time that a new job title is to be created in an executive department, the Mayor shall add the new job title to the appropriate salary band. Except as provided in Subsection F of this section, the Mayor may delete job titles from the salary schedule and shall inform the City Council in writing of any job title deleted.
H.
Salary or compensation for individual officers or employees shall
be fixed as follows:
(1)
Each officer's or employee's salary or compensation shall be no less
than eighty percent (80%) and no more than one hundred twenty percent
(120%) of the salary band control point of the salary band corresponding
to that officer's or employee's job title.
(2)
Within the limits established in Paragraph (1) of this subsection,
each officer's or employee's salary or compensation shall be fixed
based on the quality of performance, length of service to the city,
and other relevant factors.
(3)
The City Council shall fix the salary or compensation for those officers
or employees in the Office of the City Clerk, the Division of Elections,
and the staff of the City Council, if any.
(4)
The City Council President shall fix the salary or compensation for
those officers or employees in the Office of the Council President.
(5)
The Majority Leader shall fix the salary or compensation for those
officers or employees in the Office of the Majority Leader.
(6)
The Minority Leader shall fix the salary or compensation got those
officers or employees in the Office of the Minority Leader.
(7)
The Mayor shall fix the salary or compensation for all other officers
or employees.
[1]
Editor's Note: This local law was approved at a mandatory
referendum on 11-7-1995.
[Amended 11-9-1982 by L.L. No. 17-1982; 11-4-2008 by L.L. No.
10-2008]
Every person elected or appointed to any office under this Charter,
before entering upon the same shall take the oath prescribed by the
Constitution of the State of New York and file the same with the City
Clerk. The Mayor, City Judges, Councilmembers, Commissioners of Deeds
and City Clerk shall each also file an oath of office with the Clerk
of Westchester County. In case any person shall fail to file his or
her oath as aforesaid, if an elective officer, within thirty days
after the receipt of his or her certificate of election, and if an
appointive officer, within fifteen days after receipt of his or her
notice of appointment, the office shall be deemed vacant and shall
be filled in the manner provided by law for the filling of a vacancy
other than by expiration of term.
Any elective officer, except City Judges and Justices of the
Peace, may be removed from office for misconduct or malversation in
office by the Governor in the same manner as sheriffs. City Judges
may be removed as provided by law and Justices of the Peace may be
removed from office for cause in the same manner as Justices of the
Peace of towns. Nothing herein contained shall restrict the right
of removal otherwise vested in any board or officer of the city, but
the powers herein conferred shall be additional to any such provisions
for removal.
Notwithstanding any contrary or inconsistent provision of any
general, special or local law, no person holding a position in the
City of Yonkers classified in the labor class of Civil Service shall,
except where such position becomes unnecessary or is abolished, be
removed except for inefficiency, incompetency, insubordination or
misconduct, and the person whose removal is sought shall have notice
of such proposed removal, with reasons therefor in writing and shall
be allowed a reasonable time for answering the same in writing. In
case of a removal, such statement of reasons for removal and answer
thereto shall be forthwith entered upon the records of the department
in which he or she has been employed and a copy thereof shall be filed
with the Municipal Civil Service Commission.
[1]
Editor's Note: This local law also provided that "any person appointed to a noncompetitive Civil Service Class position prior to the effective date of this local law shall continue to hold office under the provisions of § C2-6 of Local Law No. 20-1961 just as through this local law had never been adopted."
Whenever, for reasons of economy, curtailment of activities
or otherwise, a person holding a position in the labor or noncompetitive
classes in the city, through no fault or inability of his or her own,
is relieved of his or her duties, such layoff shall be made in the
inverse order of the original appointment in the service, and he or
she shall have his or her name transmitted by the head of the department,
bureau or office in which such person was employed, to the Civil Service
Commission of the city, with a statement showing, opposite his or
her name, the title of position, date of appointment and the date
and reason for his or her separation from the service, with a request
that the name of said person be placed upon a preferred list for reemployment.
The eligibility for reinstatement of a person whose name appears on
any such list shall not continue for a period of longer than three
(3) years from the date of separation from the position. Prior to
certification from such list for reinstatement, the Municipal Civil
Service Commission shall, upon the request in writing of the Mayor,
cause an examination to be made of any such person to determine his
or her mental and physical fitness to perform the duties of the position,
and, if any such person is found to be disqualified mentally or physically
to an extent which renders him or her unfit for the performance of
such duties, he or she shall not be certified for reinstatement thereto.
[1]
Editor's Note: This local law was approved at a mandatory
referendum on 11-7-1995.
A.
Notwithstanding any law to the contrary and except as otherwise provided
herein, all officers and employees of the City of Yonkers not included
in a collective bargaining unit or agreement shall be required to
maintain a place of permanent residence in the city within one hundred
eighty (180) days of the commencement of their employment.
B.
In the event that the provisions of Subsection A hereof will prevent the city from filling any position in the city's service, a waiver of the requirements of Subsection A may be granted as follows:
(1)
the Municipal Civil Service Commission may grant a waiver for an
unrepresented employee in the competitive and non-competitive classes;
(2)
except as provided in Paragraph (1) of this subsection, the City
Council may grant a waiver for an officer or employee in the Office
of the City Clerk, in the Division of Elections, in the City Council,
in the Office of the City Council President, in the Office of the
Majority Leader, or in the Office of the Minority Leader;
(3)
for any employee whose appointment or employment by the Mayor is subject to the advice and consent of the City Council, the Mayor shall request a waiver from the City Council in a written report complying with Subsection D of this section. The requested waiver shall be deemed granted automatically and the Mayor's report adopted automatically, if the City Council approves the appointment or employment; and
(4)
except as provided in Paragraphs (1) through (3) of this subsection,
the Mayor may grant a waiver for any other officer or employee.
C.
No waiver may be granted unless the person or body authorized to
grant the waiver finds that:
D.
The person or body granting the waiver shall issue a written report explaining in detail how and why each of the criteria set forth in Subsection C were satisfied. The report shall be filed with the Commissioner of Personnel and placed in the personnel record of the officer or employee receiving the waiver.
E.
Notwithstanding any provisions of this section to the contrary, any person holding office or employed by the City as of August 31, 1995, and who was a non-resident as of that date, shall not be required to comply with the provisions of Subsection A of this section.
F.
Nothing herein shall change the residency requirement for any city
elected official.
