(a)
The mayor shall appoint, subject to confirmation by a majority vote
of the common council, all city officers provided for by this charter,
or created by the council, or authorized or approved by the council,
or required by state law.
(b)
The mayor shall appoint, subject to confirmation by a 2/3 majority
vote of the common council, all city department heads.
(a)
The term of office of all elected officers of the city shall commence
on January 1 next succeeding their election. Except as stated otherwise,
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 his term of office until his successor shall
have been elected and shall have qualified, unless the office has
become vacant.
(b)
The term of office of appointed officers shall be until their respective
successors are appointed and confirmed by the common council in the
manner provided for in this charter.
In addition to other circumstances provided by law, city offices
become vacant under any of the following circumstances:
(1)
The incumbent is removed from office, resigns, dies, or ceases to
be a resident of the city; or in case of councilmembers, ceased to
be residents of their respective wards.
(2)
When a person dies after his election or appointment and before his
term of office has commenced.
(3)
At any election any two or more persons running for the same office
shall each receive an equal number of votes, being the highest in
number, in consequence of which there shall be a failure to elect.
The resignation of a city officer must be made in writing to
the common council and filed with the city clerk.
Except as otherwise provided by this charter, state law, or
personnel rules, the mayor shall have the power to remove, suspend
or terminate, subject to approval by a 2/3 majority vote of the common
council, any appointed city officer or department head.
(a)
All vacancies in an appointive city office shall be filled by appointment
by the mayor in the manner provided for an original appointment to
the office.
(b)
Vacancies in the office of councilmember occurring prior to the expiration
of the term shall be filled for the balance of the unexpired term
by appointment by the mayor subject to confirmation by a 2/3 majority
vote of the common council.
(c)
Vacancies in the office of mayor shall be filled by special election
for the remainder of the unexpired term. The common council within
30 days after such vacancy occurs shall by resolution order the election
to be held not less than 20 days nor more than 30 days after the adoption
of such resolution. The city clerk shall immediately thereafter publish
a notice of such election once a week until such election is held
in two newspapers published in the city. Certificates of nomination
for the offices to be filled at a special election shall be filed
with the city clerk at least 15 days before the election. Every special
election shall be conducted and the vote canvassed by the inspectors
of election in the same manner as that provided by the Election Law,
except that the statement of the result of the election and all papers
relating to such election shall be filed with and returned to the
city clerk by the inspectors of election.
(a)
This section does not apply to persons who are subject to Civil Service
Law § 75.
(b)
Written charges against any appointed city officer may be filed with
the mayor alleging the officer:
(c)
The mayor must designate the time and place when he will hear, try
and determine such charges. A copy of the charges with a notice of
the time and place of hearing thereon must be served upon the accused
at least three days prior to such hearing.
(d)
The mayor shall be present at the time and place designated by him
for the hearing and proceed to hear, try and determine the charges.
The accused shall have the right to be present at his trial and be
heard in person and by counsel, and to give and furnish evidence in
his defense. The trial shall be open to the public.
(e)
The mayor has the power to issue subpoenas in his name and to compel
the attendance of witnesses upon any proceeding authorized by this
section, and any person served with a subpoena is bound to attend
in obedience to the command thereof. The mayor may compel the attendance
of witnesses and compel them to testify in the same manner as in the
case of any officer or board authorized by law to issue subpoenas
and take testimony.
(a)
The salary or compensation of an elective officer of the city shall
not be increased or diminished during the continuance of the term
of office to which such officer shall have been elected, except that
the common council may increase the salary of an elected officer after
the election of the officer, if his duties shall have been increased.
(b)
The salary or compensation of any appointive office or position,
except compensation on per diem basis, shall not be increased during
any fiscal year, after the same shall have been fixed and provided
for in the budget for such fiscal year.
The city may obtain blanket bonding for city officers and employees
in accordance with Public Officers Law § 11(2).
