[Amended 11-7-1989 by L.L. No. 16-1989; 7-23-1990 by L.L. No.
7-1990; 4-15-1993 by L.L. No. 3-1993; 8-28-1995 by L.L. No.
11-1995]
A.
All of the legislative powers of the city, however conferred upon
or possessed by it, are hereby vested in and shall continue to be
vested in a Council to be known as "The City Council of the City of
Yonkers," and such Council has authority to enact ordinances and local
laws not inconsistent with law for the government of the city and
the management of its business, for the preservation of good order,
peace and health, for the safety and welfare of its inhabitants, and
the protection and security of their property; and its authority,
except as otherwise expressly provided in this Charter, or otherwise
expressly provided by state law, is legislative only.
B.
Whenever there is reference to "The Common Council" in any section
of the Charter, or any other local law, ordinance or resolution of
the City of Yonkers, then said section, local law, ordinance or resolution
shall be deemed amended so as to substitute the words "City Council"
for the words "Common Council."
C.
Whenever there is reference to the position of "Councilman" in any
section of the Charter or any other local law, ordinance, or resolution
of the City of Yonkers, then said section, local law, ordinance or
resolution shall be deemed amended so as to substitute the word "Councilmember"
for the word "Councilman."
A.
The existing departments, bureaus, offices, divisions and boards
of the city government, as presently constituted, are continued unless
their organization is altered pursuant to the provisions of this section.
An alteration includes, but is not limited to, a change, increase,
reduction, abolishment, combination or rearrangement.
B.
An alteration to the organization of a department, bureau, office,
division, board or other agency established in the Charter shall occur
only if agreed to by both the Mayor and a majority of all of the members
of the City Council. If the Mayor and a majority of all the members
of the City Council cannot agree on the terms of such an alteration
within sixty (60) days of its proposal, then either the Mayor or the
City Council, without the approval of the other, can form a charter
revision commission pursuant to Section 36 of the Municipal Home Rule
Law to study the issue and determine whether an alteration should
be proposed for a referendum by the voters of the City.
C.
The City Council, by adoption of a local law, subject to veto by the Mayor and override by the City Council as provided in this Charter, may alter any part of the city government not established in the Charter and whose reorganization is not governed by Subsection B.
D.
Nothing herein shall preclude any charter revision commission from proposing any governmental reorganization or alteration for ratification by the voters at a referendum, regardless of whether the charter commission is established pursuant to Subsection B of this section or otherwise established as authorized in the Municipal Home Rule Law.
[Amended 11-4-2008 by L.L. No. 10-2008]
[Amended 11-12-1996 by L.L. No. 13-1996; 11-26-1996 by L.L. No.
14-1996; 12-30-2003 by L.L. No. 10-2003]
Such City Council shall be composed of one Councilmember from
each City Council District of the city, to be nominated and elected
by the qualified electors of the City Council District in accordance
with the provisions of the Election Law of the State of New York and
a City Council President to be nominated and elected as hereinafter
provided. Each Councilmember, with the exception of the City Council
President and the Majority and Minority Leaders designated by the
Council, shall receive as compensation the current salary paid to
Councilmembers immediately preceding the effective date of this local
law per annum, payable in bi-weekly installments; the Majority and
Minority Leaders shall receive as additional compensation the additional
sum currently paid said Leaders immediately preceding the effective
date of the local law per annum, payable in bi-weekly installments;
and the City Council President shall receive as compensation the current
salary paid to the City Council President immediately preceding the
effective date of this local law per annum payable, in equal bi-weekly
installments. The City Council may also by local law provide for payment
of additional compensation to members of the City Council for services
on committees thereof, other than the committee of the whole. All
salaries set forth above may not be increased during the term of office
of the Council President or Councilmember, unless by local law subject
to permissive referendum as required by § 24 of the Municipal
Home Rule Law.
[Amended 11-4-2008 by L.L. No. 10-2008]
No person shall be eligible for election to the office of Councilmember
unless at the time of his or her election he or she is a citizen of
the United States and a resident of the City Council District from
which he or she is elected, and no person shall be eligible for election
to the office of the Mayor or Councilmember-at-large unless at the
time of his or her election he or she is a citizen of the United States
and a resident of the City. If any Councilmember during his or her
term of office shall cease to be a resident of the City Council District
from which he or she was elected or if the Mayor or Councilmember-at-large
shall cease to be a resident of the city, the respective office or
offices shall thereupon become vacant. The acceptance of any member
of the City Council of any public office shall operate to vacate his
or her office as Councilmember, Councilmember-at-large or Mayor. No
member of the City Council shall be or become in any way directly
or indirectly interested in any contract to which the city is a party;
a violation thereof shall render any such contract absolutely void.
A.
A vacancy in the office of City Councilmember shall be filled initially by appointment by the Mayor of a registered voter who is a resident of the city council district in which the vacancy exists and then by special election, as provided in Subsection B. A vacancy in the office of City Council President shall be filled initially by appointment by the Mayor subject to approval by a majority of the Councilmembers and then by special election, as provided in Subsection B.
B.
A person appointed pursuant to Subsection A shall hold office until a special election is conducted to fill the vacancy for the remainder of the unexpired term of office. Such a special election shall be held concurrent with the next general election being conducted in the City at which municipal, state or federal officials are elected. If the vacancy occurs less than sixty days prior to a general election, then the special election shall be conducted concurrent with the second general election following the office becoming vacant. The appointee shall serve until the person elected at the special election has taken office. Nothing herein shall prevent the appointee from being a candidate at the special election.
C.
If the vacancy occurs less than 60 days prior to the general election
in the third year of the term of office, then the appointee shall
hold office for the remainder of the unexpired term.
[1]
Editor's Note: This local law was approved at referendum on
11-7-2006.
A.
Neither the City Council nor any of its committees or members shall
direct or request the appointment of any person to office or the removal
of any person from office by the Mayor or any of his or her subordinates,
or in any manner take part in the appointment or removal of officers
and employees in the administrative service of the City. Except for
the purpose of inquiry, the City Council and its members shall deal
with the administrative service solely through the Mayor, and neither
the City Council nor any members thereof shall give orders to any
subordinates of the Mayor either publicly or privately.
[Amended 11-4-2008 by L.L. No. 10-2008]
B.
The City Council shall have the power of appointment of the City
Clerk and the First and Second Deputy City Clerks of said Council.
The City Clerk shall serve for a term of five (5) years. The First
and Second Deputy City Clerks shall serve at the pleasure of the City
Council. The Deputy City Clerks each shall be a member of a different
political party.
[Amended 3-23-2021 by L.L. No. 6-2021]
Each member of the City Council is empowered and authorized
to cast one vote on all resolutions, ordinances, local laws and other
acts submitted to the City Council for action.
A.
Each member of the City Council is empowered and authorized to cast
one vote on all resolutions, ordinances, local laws and other acts
submitted to the City Council for action.
B.
A majority vote of the entire council is needed to adopt any resolution,
ordinance, local law or other legislative act, unless a greater number
is required pursuant to this Charter or other law or rule. No act,
which includes resolutions, ordinances and local laws, shall take
effect until the same has received the written approval of the Mayor,
provided that, if any act is not returned to the City Council by the
Mayor filing same with the City Clerk with a Statement in writing
of his or her reason for not approving the same within ten (10) calendar
days of its presentation to him or her by the City Council, such act
shall be deemed approved; and provided, further, that any act disapproved
by the Mayor shall nevertheless become effective if upon reconsideration
by the City Council it is passed by at least a two-thirds vote of
all members. The Mayor shall file his or her approval or veto of all
legislation with the City Clerk and the Corporation Counsel.
[Amended 11-4-2008 by L.L. No. 10-2008]
C.
Every ordinance of the City imposing a penalty or fine or imprisonment,
and every amendment thereto, must, before it takes effect, be published
in the official newspaper or newspapers in the City as hereinafter
provided. Said publication shall be made once in each week for two
successive weeks in the official newspaper or newspapers of the City
and shall contain the title of the ordinance, amendment or repeal,
with a concise, abbreviated abstract sufficient to indicate the nature
thereof and the penalty clause set forth in full, and also a statement
that the complete text of said ordinance is on file and may be examined
at the City Clerk's Office. That in case of insurrection, riot, pestilence,
conflagration or other public necessity requiring immediate operation
of such ordinance, it shall take effect as soon as proclamation thereof
has been made by the Mayor, filed with the City Clerk and the same
has been posted in two (2) public places in each City Council district
in the City.
D.
As used in this subsection "adoption of a local law" shall mean the
final passage and approval of a local law upon the Mayor approving
the local law, upon the City Council overriding the veto of the Mayor,
or upon the approval by the voters after a referendum. Within ten
days after the adoption of a local law, the corporation counsel shall
certify whether the local law contains the correct text and whether
all proper proceedings have been had or taken for the enactment of
such local law. No person other than the corporation counsel, or a
deputy, associate, or assistant corporation counsel authorized in
writing by the corporation counsel, shall be empowered to certify
local laws. If the corporation counsel or the corporation counsel's
authorized designee determines that the local law cannot be certified,
then the corporation counsel or the corporation counsel's authorized
designee shall state in writing the reasons why the local law cannot
be certified and shall file the written statement with the City Clerk
and the Mayor. If the corporation counsel refuses to certify a local
law, it shall not be submitted to the Secretary of State for filing
by the City Clerk or any other person and the local law shall not
go into effect. A determination by the corporation counsel or the
corporation counsel's authorized designee that a local law cannot
be certified shall be reviewable in an action commenced pursuant to
Article 78 of the New York Civil Practice Law and Rules.
E.
Fiscal impact statement.
[Added 11-10-2009 by L.L.
No. 10-2009; amended 6-23-2015 by L.L. No. 13-2015]
(1)
Except as provided in Subsection (2) of this Paragraph E, all proposed legislation with a fiscal impact before the City Council carry a "fiscal impact statement" to include the following information:
a.
A general statement of the effects the measure will have on the operating
and/or capital budgets for the current year and long-range financial
plans, including the potential for additional personnel;
b.
Identify whether the effects of the impact will be borne through
fees or fines by the public-at-large;
c.
A quantitative estimate of the expenditures needed to implement the
measure;
d.
An identification of the revenues and funds currently available,
or likely to be available from existing revenue sources to implement
the measure, if it is to be implemented within the current fiscal
year;
e.
A statement on the extent to which current appropriations are available
to finance implementation of the measure, if it is to be implemented
within the current fiscal year; and
f.
An identification of the specific funding source to be recommended
in the forthcoming fiscal years to implement the measure.
(2)
The requirements of Subsection (1) do not apply to any legislation relating to:
a.
Litigation, including, without limitation, any settlement thereof;
b.
A collective bargaining agreement;
c.
The proposed acquisition, sale, or lease of real property or the
proposed acquisition of securities, or a sale or exchange of securities;
d.
Any employment action;
e.
Emergency declarations;
f.
Ceremonial resolutions; and
g.
Confirmation resolutions.
(3)
The fiscal impact statement shall be set forth in a format and length
as follows:
 |
(4)
A fiscal impact statement may be prepared with the assistance of
the City of Yonkers Finance Department or the accounting firm under
contract with the City Council at the time of the proposed legislation,
by a Council Member or their staff, or any other said individual or
agency as deemed appropriate by the City Council or administration.
(5)
No legislation shall be adopted that does not contain the fiscal
impact statement in the prescribed format.
(6)
The office of the City Clerk shall include the fiscal impact statement
on any agenda where proposed legislation is published.
F.
Introducer's memorandum.
[Added 6-23-2015 by L.L.
No. 13-2015]
(1)
Except as provided in subsection (2) of this Section F, all legislation introduced in the City Council shall include an introducer's memorandum, setting forth:
a.
The title of the local law, general ordinance, special ordinance
or resolution;
b.
A brief and concise statement of its purpose;
c.
A summary of its specific provisions;
d.
A justification for its adoption;
e.
Its legislative history, if any;
f.
A statement of its fiscal impact on the City to be described as positive,
negative, neutral or none;
g.
A statement of its impact on the regulation of businesses and individuals,
if any;
h.
A statement as to whether the bill imposes or charges any fine, term
of imprisonment, forfeiture of rights or other penal sanction and
a brief description of such penalty; and
i.
Its proposed effective date.
(2)
The requirements of subsection (1) do not apply to any legislation relating to:
a.
Litigation, including, without limitation, any settlement thereof;
b.
A collective bargaining agreement;
c.
The proposed acquistion, sale, or lease of real property or the proposed
acquisition of securities, or a sale or exchange of securities;
d.
Any employment action;
e.
Emergency declarations;
f.
Ceremonial resolutions; and
g.
Confirmation resolutions.
(3)
The introducer's memorandum shall be set forth in a format and length
as follows:
|
INTRODUCER'S MEMORANDUM
SUBMITTED IN ACCORDANCE WITH SECTION § C4-6
OF THE CHARTER
| |
|
SPONSOR: (Administration
or Name of Council member)
| |
|
TITLE OF BILL: A (local
law/general ordinance/special ordinance) to . . .
| |
|
PURPOSE: (One sentence explanation
of the bill's purpose)
| |
|
SUMMARY OF SPECIFIC PROVISIONS: Section X (amends or adds, for each section of the bill,
et cetera) . . .
| |
|
Section Y (amends or adds) . . .
| |
|
Section Z (states the effective date). . .
| |
|
JUSTIFICATION:(Short narrative
on the reason to adopt the legislation)
| |
|
IMPACT OF REGULATION ON BUSINESS AND INDIVIDUALS: (One sentence explanation of the implication any administrative
regulations to be created or changed, if any)
| |
|
CRIMINAL SANCTION IMPACT: (One sentence statement of any penalties or fines to be imposed
or changed, if any)
| |
|
LEGISLATIVE HISTORY: (List
the legislative history, if any, or write new bill)
| |
|
FISCAL IMPLICATIONS: (Positive/Negative/Neutral/None)
| |
|
EFFECTIVE DATE: This act
shall take effect (state the effective date).
|
(4)
No legislation shall be introduced that does not contain the introducer's
memorandum in the prescribed format. The introducer's memorandum,
and any supporting documentation, shall be filed both in print and
digital format with the Office of the Council President no later than
three business days prior to the meeting at which the legislation
shall be considered, unless authorized by a majority of the members
of the City Council.
(5)
The Office of the City Clerk shall include the introducer's memorandum
on any agenda where proposed legislation is to be published.
G.
All legislation shall be filed in digital, editable format with the
Office of the Council President no later than three business days
prior to the meeting at which the legislation shall be considered,
unless authorized by a majority of the members of the Council.
[Added 6-23-2015 by L.L.
No. 13-2015]
A.
The City Council President shall be elected in the City at large.
The nomination and election of the City Council President shall be
had under the provisions of the Election Law of the State of New York.
B.
The City Council President shall be the presiding officer of the
City Council, shall preside at all meetings of the City Council and
be the chairman thereof, and be the Chairman of the Rules Committee,
which Committee shall set the agenda for all City Council meetings
pursuant to the City Council rules. In the absence or disability of
the City Council President, the Majority Leader of the City Council
shall become acting City Council President.
Whenever the owner, occupant or person in control of any lands
or real property shall omit to do any act required by statute, local
law or by ordinance, to be done by such owner, occupant or person
in control in front of or upon such lands or real property, the city
may cause such act to be done, and in addition to any fine or penalty
prescribed may recover by action of such owner, occupant or person
in control, the cost of doing the act, or may assess the same upon
such lands or real property, and the assessment thereon shall be and
constitute a lien thereon to be collected and recovered in all respects
as an assessment for a local improvement. The City Council shall by
ordinance determine the proceedings and manner of fixing and assessing
such costs.
At the end of each fiscal year the City Council shall engage
a firm of certified public accountants to make an independent audit
of the financial accounts of the city for that fiscal year. This audit
shall be made public.
At the first meeting of the City Council for the purpose of
organization, as provided in Second Class Cities Law, § 31,
it shall designate not more than two newspapers published in the city
to be the official newspaper or newspapers of the city. By a two-thirds
vote of all of its members, the City Council may designate a single
official newspaper of the city in which case it shall designate a
daily newspaper. If a single official newspaper is not designated,
then the City Council shall designate a daily newspaper and weekly
newspaper as official newspaper of the City of Yonkers. In designating
a daily and a weekly newspaper, two (2) votes shall be taken, one
(1) for a daily newspaper and one (1) for a weekly newspaper, with
the newspaper receiving the highest number of votes on each ballot
being the official papers for two (2) years and until a successor
or successors are designated. Such official newspaper or newspapers
shall publish such matters and in such form as shall be prescribed
by nature or otherwise by general ordinance of the City Council. In
case an official paper shall refuse or fail to act or perform as such,
the City Council may, in its absolute discretion, as hereinbefore
provided, designate a successor. All bills and accounts for publication
in official newspapers and all city printing and advertising shall
be a city charge and shalt be paid by the Commissioner of Finance.
The City council may, by general ordinance, prescribe the form in
which the proceedings and reports of the city officers, boards and
departments shall be issued, and the printing and binding of the same
shall be performed under contract awarded as in the case of other
city contracts.
[1]
Editor's Note: This local law was approved at referendum on
11-5-2002, and became effective 1-1-2003.
The City Council, the Mayor or any person or committees authorized
by either of them shall have the power to inquire into the conduct
of any department, office or officer of the city and to make investigations
as to municipal affairs and, for that purpose, may subpoena witnesses,
administer oaths and compel production of books, papers and other
evidence. Failure to obey such subpoena or to produce books, papers
or other evidence as ordered under the provision of this section shall
constitute a misdemeanor.
A.
The Office of the City Council President shall exist in order to
provide support services for the City Council President. The City
Council President shall supervise, hire and fire all employees in
said office and recommend to the Board of Contract and Supply the
award of all contracts for goods and services for the Office, so long
as the total amount expended does not exceed the amount appropriated
to said office by the City Council.
B.
The Office of Majority Leader shall exist in order to provide support
services for the Majority Leader. The Majority Leader shall supervise,
hire and fire all employees in said office and recommend to the Board
of Contract and Supply the award of all contracts for goods and services
for the Office, so long as the total amount expended does not exceed
the amount appropriated to said Office by the City Council.
C.
The Office of Minority Leader shall exist in order to provide support
services for the Minority Leader. The Minority Leader shall supervise,
hire and fire all employees in said office and recommend to the Board
of Contract and Supply the award of all contracts for goods and services
for the Office, so long as the total amount expended does not exceed
the budget amount appropriated to said Office by the City Council.
D.
The Office of the City Clerk shall be administered by the City Clerk,
appointed by the City Council subject to the control and authority
of the City Council. The City Council, may appoint or hire such deputy
and assistant clerks or other employees as necessary or desired. The
Division of Elections shall be administered by the Office of the City
Clerk. The Office of the City Clerk shall perform such other duties
and responsibilities as requested by the City Council. The City Council
President shall have the power to recommend to the Board of Contract
and Supply the award of all contracts for goods and services for the
Office of the City Clerk and the Division of Elections, so long as
the total amount expended does not exceed the budget amount appropriated
to said Office by the City Council.
E.
The City Council may employ such staff as are necessary to assist
it in the performance of its duties. The City Council staff shall
be subject to the control and authority of the City Council. The City
Council President shall have the power to recommend to the Board of
Contract and Supply the award of all contracts for goods and services
for the City Council so long as the total amount expended does not
exceed the budget amount appropriated to the City Council.
If any provision of this local law is held to be invalid, ineffective,
unconstitutional, in whole or in part, or inapplicable to any person
or situation, it is the purpose and intent of this local law that
such determination shall not effect the validity, force and effect
of any other provision thereof. All acts, laws, or ordinances or parts
thereof, so far as they are inconsistent with the provisions of this
local law, are hereby repealed and are deemed superseded by this law
including those provisions of the Second Class Cities Law.
[1]
Editor's Note: Former § C4-14, Employees and appropriations,
was repealed 9-3-2002 by L.L. No. 9-2002. The Mayor's veto of this
local law was overridden by the City Council 11-12-2002.
