Full executive and administrative authority shall be vested
in the Mayor. It shall be his duty to administer all city departments,
to establish rules, regulations and procedures for them and to see
to it that all local laws, ordinances, applicable state and federal
laws and all lawful Council determinations are faithfully executed.
He shall be responsible for the supervision of all city employees
and all city departments. He shall be a member ex officio of each
city department. It shall be his duty generally to maintain the peace,
good order and prosperity of the City of Oswego.
[Amended 9-26-1988 by L.L. No. 1-1988; 12-22-2003 by L.L. No.
4-2003]
The Mayor shall be a qualified elector of the City of Oswego.
He shall hold office for a term of four years. No person shall serve
as Mayor for more than 10 consecutive years, but there shall be no
limitation on total years of service if interrupted. His annual salary
shall be not less than $40,000. The Council shall review the Mayor's
salary during each mayoral term and report its recommendation of any
increase by March 15 of the last year of that term. No increase in
salary shall take place during an incumbent's term, except by
local law.
[Amended 6-12-2006 by L.L. No. 1-2006; 5-23-2011 by L.L. No.
2-2011]
Upon the Mayor's death, resignation or incapacity, the
Councilors selected by the Council to be its President shall become
Acting Mayor until the remainder of the term shall be filled at the
next general election subsequent to the occurrence of the vacancy,
subject to the provisions of the New York State Election Law. Upon
the Mayor's death, resignation or incapacity, the Acting Mayor
shall have all the executive and administrative authority vested in
the Mayor. The Acting Mayor may designate the President of the Council
to be Acting Mayor during temporary absences from the city.
The Mayor shall keep regular office hours and shall publicize
them periodically. He may not change those regular office hours without
timely notice to the people.
[Amended 4-9-2007 by L.L. No. 2-2007]
The Mayor may, at his/her sole discretion, appoint, reappoint
and fill vacancies for all city officials and positions, except as
otherwise designated in this Charter. Appointees to fill vacancies
in elective offices shall serve until the next general election, pursuant
to the New York State Election Law, at which the balance of any term
will be filled by the people.
The Mayor shall preside over the Common Council and appoint
and charge regular and special committees of the Council. He shall
be eligible to vote only in case of a tie, but he may be heard at
all times. The Mayor shall not be counted towards a quorum, but he
shall determine the presence of a quorum. The Mayor shall present
to the Council each January, and more often if he considers appropriate,
a statement of the general affairs of the city and make recommendations
to the Council. Additional recommendations may be made by the Mayor
at any time. The Mayor may veto all Council actions, including line
items within a budget resolution, and his veto may be overridden by
2/3 of the whole membership of the Council.
The Mayor shall sign all deeds and contracts made and entered
into by the city and shall affix the city seal on them. He shall sign
all warrants drawn from the treasury in pursuance of a Council order,
but it shall be a misdemeanor for him to sign or countersign any draft
in excess of the amount of that fund against which said draft is drawn.
He shall also be personally liable for the amount of any such draft.
[Amended 7-8-2002 by L.L. No. 2-2002[1]; 5-23-2011 by L.L. No. 2-2011; 11-28-2011 by L.L. No. 3-2011; 7-28-2014 by L.L. No.
2-2014[2]]
The Mayor shall be the budget officer for the City. In the preparation
of the City's annual budget, he shall consult a Budget Commission
consisting of the City Chamberlain, the City Attorney, and three Councilors
appointed by the Mayor. The proposed budget shall be presented to
the Council no later than August 1 for the fiscal year commencing
the following January 1. The Common Council shall have until August
31 or the next business day, to approve a budget, then immediately
following the next business day thereafter that budget will be considered
the annual budget. Should the budget have a tax rate increase of 5%
or more than the previous year's tax rate, then the budget shall go
to a public referendum in that year's November election, by operation
of law. In the event the budget cannot be presented at the general
election, then there shall be held a special election at the earliest
date. The Mayor and Budget Commission shall establish a schedule for
budget requests from the various City departments and shall afford
the department heads and other personnel the opportunity to discuss
all budget requests before the preparation of the proposed budget.
The budget shall contain revenue estimates and a proposed spending
program to meet the City's personnel and other fiscal needs. The Mayor
shall also present to the Council at least once a year a five-year
estimate for capital expenditures, which, upon the Council's approval,
will be reflected in the next appropriate proposed budget.
The Mayor may suspend any appointive officer found to be temporarily
disqualified to perform the duties of his office. He may appoint a
qualified person to fill such office until the disqualification is
removed. All such suspensions must conform to the New York State Civil
Service Law, Public Officers Law and other relevant statutes.
The Mayor shall have the power to remove for cause any appointed
city officer or employee only after written charges shall have been
served upon him, after he shall have had ample time to prepare a response
and after that response shall have been heard. Cause for removal shall
be disobedience of lawful orders or instructions; incapacity; incompetency;
corruption in office; acting as an agent or attorney for a person,
company or corporation in relation to any matter to be affected by
the action of the Common Council or a board, department or officer
of the city; neglect of duty; or any other behavior prejudicial to
the best interests of the city. A decision to remove may be appealed
to the Supreme Court of the State of New York. All such suspensions
must conform to the New York State Civil Service Law, Public Officer
Law and other relevant statutes.
The general authority of the Mayor to efficiently administer
the city government shall include, but not be restricted to, the following
additional powers, pursuant to this Charter, state law and the Constitution
of the State of New York:
A.
In cases of civil defense or other emergency he may call out the
posse comitatus.
B.
As provided for by local law or ordinance, he may declare a state
of emergency.
C.
He shall have power to examine at all times official books, vouchers
and other papers of any department, officer or employee of the city.
He may summon and examine, under oath, any person connected with such
papers. He shall have the power to require any board or department
of the city to furnish him or the Council any information, data or
report he may desire, and it shall be a misdemeanor for anyone to
fail to comply. The Mayor shall have power and may appoint one or
more persons who, after taking a constitutional oath of office, shall
constitute a committee to examine and report to him upon the affairs
or proceedings of any city board or department. Such Committee shall
have power to issue subpoenas. The service of any subpoena and the
fees of any witnesses shall be the same as in the case of a trial
of a civil action in a court of record, and any subpoena shall be
enforceable in the same manner and with the same penalties. A subpoena
attested in the name of the committee by its chairman shall be deemed
the subpoena of the committee, and any member of the Committee is
authorized to administer the oath to witnesses. The Committee shall
report its evidence and findings to the Mayor, in writing, in a prompt
manner. The members of the Committee shall receive a reasonable compensation
for their services which shall be determined by the Mayor and which
shall then be paid by the Council.
D.
He shall determine those city officers who shall be bonded before
entering office and the amount of the bond. He may not exclude the
City Clerk, City Judge, Chief of Police, meter collectors or collectors
of traffic fines, nor may be authorize a bond of less than $1,000.
E.
He shall receive all resignations and report them promptly to the
Council.
F.
He shall appoint an Acting City Chamberlain in the absence of the
City Chamberlain who shall have all the powers and duties of the City
Chamberlain.
[Amended 4-9-2007 by L.L. No. 2-2007]
G.
He shall approve rules and standards for city purchasing; notify,
in writing, the purchasing agent and any department head of his resolution
of any disagreement between them; and approve with the Council's
concurrence requests from the purchasing agent for waivers from the
bidding process for single purchases of $1,000 or less. The Mayor
shall take care that single purchases are not identified in such manner
as to circumvent the bidding process.
H.
He may approve the suspension of normal purchasing procedures to
procure materials and/or services for emergency repairs. He shall
submit a written report of all such suspensions to the Council promptly.
I.
He may appoint a temporary assessor to serve in a situation where
the City Assessor should be personally involved in a determination.
The temporary assessor shall be compensated for his services.
[Amended 4-9-2007 by L.L. No. 2-2007]
The Mayor may, at his/her sole discretion, appoint an Executive
Assistant to the Mayor. He/she shall serve at the pleasure of the
Mayor during his/her term of office. The Mayor may authorize his/her
Executive Assistant to perform any of the Mayor's usual functions
with the exception that he/she may not preside at Council meetings,
may not make appointments, may not sign official papers and may make
no commitment without written authority of the Mayor.
The Mayor shall also appoint his personal secretary, the City
Attorney and the City Clerk, who shall serve at the pleasure of the
Mayor during his term of office.
