[Amended 8-28-1995 by L.L. No. 11-1995[1]]
The meaning and effect of the terms and language used in this
Charter shall be construed in accordance with the provisions of the
Statutory Construction Law. This Charter is intended to be and be
deemed and held in all courts to be a public act of which the courts
shall take judicial notice, and shall be liberally construed so as
to carry into effect the objects and purposes thereof.
[Added 7-6-1965 by L.L. No. 8-1965; 11-4-2008 by L.L. No.
10-2008]
A.
Except as otherwise provided by law, all books, accounts, and paper
in any city department, agency, office or commission or in the custody
of any officer shall at all times be open to the inspection of any
taxpayer of the City of Yonkers, subject to any reasonable rules and
regulations in regard to the time and manner of such inspection as
such department, agency, office or commission may make to secure the
safety of such books, accounts and papers and the proper use of them
by such department, agency, office or commission.
B.
In case such inspection shall be refused, the taxpayer, on his or
her sworn petition describing the particular book, account or paper
that he or she desires to inspect, may, upon notice of not less than
five days to such department, agency, office or commission, apply
to any Justice of the Supreme Court for an order that he or she be
allowed to make such inspection as such justice shall by his or her
order authorize, and such order shall specify the time and manner
of such inspection.
C.
The provisions of this section shall not apply to the books, papers
or records of the Board of Education, the Corporation Counsel's office,
the Veterans' Service Agency, Department of Assessment and Taxation,
except valuation records and any record subpoenaed in any action protesting
the valuation, or the Fire Department or Police Department, or to
public health records with regard to birth, death or health which
are to be considered confidential as to everyone except as to those
having a personal relationship or interest, and upon submission of
due proof by such individual, or his or her duly authorized agent,
such record shall be made available, or to individual personnel records
of city employees, or to any records which are involved as exhibits
in lawsuit or contemplated lawsuit, or to such records as are required
by law to be confidential.
All appointments, removals and changes in status of the Civil
Service of the city shall be made in accordance with the provisions
of the Civil Service Law.
A.
Rights of officers and employees preserved. Nothing in this Charter
contained shall affect or impair rights or privileges of officers
or employees in the competitive Civil Service of the city or any agency
existing at the time when this Charter shall take effect, or any provisions
of law in force at the time when this Charter shall take effect and
not inconsistent with the provisions of this Charter in relation to
the personnel, appointment, ranks, grades, tenure of office, promotion,
removal, pension and retirement rights, or any other rights or privileges
of officers or employees of the competitive Civil Service of the city
generally or of any agency.
B.
Officers and employees not to be required to perform work outside
public employment. No officer or employee of the City of Yonkers shall
detail or cause any officer or employee of the City of Yonkers to
do or perform any private service or work outside of his or her public
office, work or employment. Any violation of this subsection shall
constitute a misdemeanor.
[Amended 11-4-2008 by L.L. No. 10-2008]
C.
Temporary hiring of veterans. The Civil Service Commission shall
acquire the New York State veteran temporary hiring list established
and maintained by the Department of Civil Service under Article 17-a
of the New York State Executive Law. When making a temporary appointment
as provided in Section Sixty-Four of the New York State Civil Service
Law, notwithstanding any inconsistent provision of law to the contrary,
the appointing authority shall give consideration to selecting a veteran
from the veteran temporary hiring list when making a temporary appointment,
provided such veteran possesses the applicable skills needed for the
temporary assignment.
[Added 5-26-2015 by L.L.
No. 10-2015]
[Amended 11-5-1970 by L.L. No. 15-1970; 10-9-1973 by L.L. No.
4-1973]
The Second Class Cities Law shall continue applicable to the
City of Yonkers, except as amended, superseded or inconsistent with
the provisions of this Charter or other specific enactments applicable
to the City of Yonkers, including but not limited to the following:
A.
Whenever there is reference to any section of the second Class Cities
Law which is applicable to the City of Yonkers to "Board of Estimate
and Apportionment," the said section shall be amended in its application
to the City of Yonkers by substituting the words "City Council" for
the words "Board of Estimate and Apportionment," except that in Sections
75 and 76 of the Second Class Cities Law insofar as said sections
or either of them may be applicable to the City of Yonkers, the words
"Board of Estimate and Apportionment" shall be amended by substituting
the words "Mayor" for "Board of Estimate and Apportionment."
B.
Section 12 of the Second Class Cities Law in its application to the
City of Yonkers, shall be amended to read: "Evidencing appointments.
All appointments in any city office shall be evidenced by a certificate
in writing signed by the appointing officer and filed forthwith in
the office of the City Clerk.
C.
Sections 131, 133, 137 and 138 of the Second Class Cities Law of
the State of New York are superseded to the extent that the matters
governed therein are covered in a collective bargaining agreement.
Whenever it is not clear what officer or officers shall exercise
any power or perform any duty conferred upon or required by the city
or an officer thereof, such power shall be exercised orduty performed
by the Mayor, if the power is executive or administrative in nature,
or by the City Council if the power is legislative in nature.
All state laws or parts thereof insofar as they affect the City
of Yonkers, and all local laws or parts thereof in force when this
Charter takes effect, are hereby repealed and superseded to the extent
that the same are inconsistent with the provisions of this Charter.
Nothing herein contained, however, is intended to repeal or modify
any laws of the state which apply to all cities alike.
Anything to the contrary herein notwithstanding, the Department
of Commerce heretofore created is abolished.
If any provision or provisions of this Charter are 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
Charter that such determination shall not affect the validity, force
and effect of any other provisions hereof.
[Amended 11-4-2008 by L.L. No. 10-2008]
This Charter shall take effect on January 1, 1962.
[Added 11-7-1989 by L.L. No. 16-1989]
A.
Any reference to "City Manager" in any provision of this Charter,
the Code of the City of Yonkers or any legislative act or resolution
shall be amended by substituting the word "Mayor" for the words "City
Manager," except in the provisions of the City Code which establish
the membership of the Board of Contract and Supply.
B.
For purposes of awarding competitively bid contracts, the Board of
Contract and Supply shall consist of the Mayor, as Chair, the City
Council President, City Engineer and Controller, notwithstanding any
law to the contrary.
C.
For purposes of awarding non-competitively bid contracts pursuant
to General Municipal Law § 104-b, the Majority Leader shall
also be a member of the Board of Contract and Supply.
D.
Notwithstanding any law to the contrary, the Mayor shall be the chairperson
of the Community Development Agency and the City Council President
shall take the place of the City Manager on said Agency Board and
the membership shall otherwise remain unchanged.
A.
Except as provided in Subsection B, all non-competitively bid contracts governed by General Municipal Law § 104-b, including but not limited to all contracts for professional and/or legal services for the government of the City of Yonkers, or any part thereof, shall be awarded by the Board of Contract and Supply as constituted in Section C24-9C of this Charter.
B.
Contracts, including competitively bid contracts, as well as non-competitively
bid contracts governed by General Municipal Law § 104-b,
for the City Council, for the Office of the City Council President,
for the Office of the Majority Leader, for the Office of the Minority
Leader, for the Office of the City Clerk, and for the Division of
Elections shall be awarded as follows:
(1)
A recommendation shall be made to the Board of Contract and Supply
by official or body which is so designated under the Charter;
(2)
If the recommendation is rejected by the Board of Contract and Supply,
the rejection may be overridden by the affirmative vote of two-thirds
of all of the members of the City Council.
A.
Notwithstanding any provision of the Yonkers City Code or any resolution
to the contrary, commencing upon December 1, 2006, any contract for
public works and all purchase contracts involving an expenditure prescribed
by § 103 of the General Municipal Law shall be awarded to
the lowest responsible bidder in accordance with rules and procedures
set forth in the Yonkers City Code and applicable resolutions of the
City Council. Competitive bidding shall not be required for a contract
for public works and purchase contracts involving an expenditure equal
to or less than that prescribed by § 103 of the General
Municipal Law.
B.
Best value contracts. Purchase contracts, including contracts for
service work, but excluding any purchase contracts necessary for the
completion of a public works contract pursuant to Article 8 of the
State Labor Law, may be awarded on the basis of best value, as that
term is defined in § 163 of the State Finance Law, to a
responsive and responsible bidder or offerer in the manner provided
by § 103 of the State General Municipal Law.
C.
Nothing herein shall be deemed to alter any other requirements for
purchasing set forth in the Yonkers City Code or applicable resolutions
of the City Council.
[1]
Editor's Note: This local law was approved at referendum 11-7-2006.
[Added 1-23-2001 by L.L. No. 3-2001[1]]
(1)
No civil action shall be maintained against the city, its officers
or employees for damage to property or injury to person or death sustained
in consequence of any street, highway, bridge, wharf, culvert, sidewalk
or crosswalk, or any part or portion of any of the foregoing including
any encumbrances thereon or attachments thereto, being out of repair,
unsafe, dangerous or obstructed, unless it appears that written notice
of the defective, unsafe, dangerous or obstructed condition, was actually
given to the Commissioner of the Department of Public Works or any
person or department authorized by the Commissioner to receive such
notice by certified or registered mail, or where there was previous
existence of the defective, unsafe, dangerous or obstructed condition,
and written notice thereof was given to the Commissioner by certified
or registered mail, or there was a failure or neglect within a reasonable
time after the receipt of such notice to repair or remove the defect,
danger or obstruction complained of, or the place otherwise made reasonably
safe.
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Nor shall any civil action be maintained against the city, its
officers or employees for damages or injuries to person or property
sustained solely in consequence of the existence of snow or ice upon
any street, highway, bridge, wharf, culvert, sidewalk or crosswalk,
unless prior written notice thereof, specifying the particular place,
was actually given to the Commissioner by certified or registered
mail, and there was a failure or neglect to cause such snow and ice
to be removed or to make the place otherwise reasonably safe within
a reasonable time after the receipt of such notice. The term street
as used herein shall include the curbstone, an avenue, underpass,
road, alley, lane, boulevard, concourse, parkway, road or path within
a park, park approach, driveway, thoroughfare, public way, public
square, and public parking area. The term sidewalk as used herein
shall include an underpass, pedestrian walk or path, step or stairway.
The term bridge as used herein shall include a viaduct or overpass.
The term wharf as used herein shall include dock and pier.
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(2)
The Commissioner of the Department of Public Works shall keep an
indexed record of all written notices which the city receives and
acknowledgement of which the city gives of the existence of such defective,
unsafe, dangerous or obstructed conditions, which record shall state
the date of receipt of such notice, the nature and location of the
condition stated to exist and the name and address of the person from
whom the notice is received. This record shall be a public record.
The record of each notice shall be maintained in the Commissioner's
Office for a period of three years after the date on which it is received
and shall be preserved in the municipal archives for a period of not
less than ten years.
(3)
Nothing contained herein shall be deemed to waive, modify or repeal
any requirement for a claimant to file a notice of claim with the
city of Yonkers in accordance with Section 50-e of the General Municipal
Law.
[1]
Editor's Note: This local law also provided that it is intended
to amend and supersede any inconsistent provisions of § 244
of the Second Class Cities Law.
[Added 8-29-2006 by L.L. No. 5-2006[1]]
A.
This section shall apply to all instances in which the City Council,
the Planning Board, or any other official, board, commission, or agency
of the City of Yonkers is the lead agency in connection with the preparation
of an environmental impact statement pursuant to the New York State
Environmental Quality Review Act, its implementing regulations, and
the Yonkers City Code.
B.
Not later than one year from the date that the lead agency adopts
a notice of completion concerning a draft environmental impact statement,
the lead agency shall complete its environmental review by adopting
a written findings statement that complies with the provisions of
6 NYCRR § 617.11. The applicant and the lead agency may
mutually agree in writing to extend the time period for adoption of
a written findings statement.
[1]
Editor's Note: This local law also provided that it shall
be applicable to any environmental review in which a notice of completion
for a draft environmental impact statement was adopted on or after
11-15-2006. This local law was approved at referendum 11-7-2006.
