[Amended 11-10-1952 by L.L. No. 9-1952; 12-29-1960 by L.L. No.
2-1960; 12-8-1969 by L.L. No. 1-1969; 12-27-1976 by L.L. No.
2-1976; 1-26-1981 by L.L. No. 2-1981; 12-14-1981 by L.L. No.
1-1982; 12-14-1992 by L.L. No. 5-1992; 11-8-2011[1]; 11-23-2020 by L.L. No. 1-2021]
All the legislative powers of the City, however, conferred upon
or possessed by it, are hereby fixed in a board to be known as the
"Council of the City of Newburgh" to be composed of the Mayor and
six Council members. It shall be, for all purposes, the Common Council
of the City. The Mayor shall receive an annual salary of $15,000 and
the other six members of the Council shall each receive an annual
salary of $12,000, payable in equal monthly installments.
[1]
Editor's Note: This proposition provided that the revised
provisions of this section would become effective on January 1, 2014.
[Amended 5-5-1941 by L.L. No. 1-1941; 2-24-1947 by L.L. No.
1-1947; 12-26-1951 by L.L. No. 3-1951; 3-3-1952 by L.L. No.
2-1952; 12-22-1952 by L.L. No. 10-1952; 2-12-1980 by L.L. No.
1-1980; 1-24-1983 by L.L. No. 1-1983]
A.
The Council shall determine the rules of its own proceedings and
be the judge of the election, returns and qualifications of its members.
The Council may compel the attendance of absent members at any meeting
properly called and may punish or expel a member for excessive or
unexcused absence or disorderly conduct, as defined in this section,
and may declare the member's seat vacant as provided by the standards
and procedures set forth in this section.
[Amended 4-12-2021 by L.L. No. 8-2021[1]]
(1)
Excessive
and unexcused absence.
(a)
Every member of the Council shall attend the sessions of the Council
unless duly excused or unable to attend because of extenuating circumstances.
Any member desiring to be excused shall notify the Mayor and the City
Clerk.
(b)
A member of Council absent from four consecutive regular meetings
or six regular meetings within a calendar year without excuse shall
constitute excessive absence.
(2)
Disorderly
behavior.
(a)
Members of the Council shall not engage in disorderly behavior, which
shall include but is not limited to: willful violation or evasion
of any provision of law relating to such member's discharge of his
or her official duties; commission of fraud upon the City; conversion
of public property to such member's own use; knowingly permitting
or allowing by gross culpable conduct another person to convert public
property; violation of the Council's duly adopted Rules and Order
of Procedure, violation of the City's Code of Ethics, or violation
of City policy or policies against discrimination, harassment and
workplace violence.
(3)
A member
of Council charged with conduct constituting excessive and unexcused
absence or disorderly behavior or grounds for forfeiture of office
other than those grounds causing an immediate vacancy, by operation
of state law, shall have the right to a public hearing by filing a
written demand within seven working days of receiving written notice
of the charged conduct. In the event that a member of Council makes
such request for a public hearing, the opportunity to be heard shall
be afforded at a regular or special meeting of the Council to be held
within 15 working days of the Council's receipt of such written request.
Notice of such hearing shall be published in one or more newspapers
of general circulation in the City at least one week in advance of
the hearing. A transcript of the hearing shall be retained by the
City Clerk.
(4)
Sanctions.
(a)
(b)
All sanctions shall be imposed by a majority plus one vote of all
members of Council.
(5)
A decision
made by the Council under this subsection imposing the sanction of
removal from office shall be subject to review by the courts in accordance
with the laws of New York State. In determining the qualifications
of its members, the Council shall use the standards set forth in the
Public Officers Law and General Municipal Law, and such additional
standards as may be enacted by Charter amendment or local law, provided
that the same are not inconsistent with the Public Officers Law or.
General Municipal Law.
[1]
Editor's Note: This local law was subject to mandatory referendum
and was approved at the 11-2-2021 general election.
B.
Except as in this section especially regulated, the legislative powers
of the Council may be exercised as provided by rules or ordinances
adopted by it.
C.
Each member of the Council shall have the right to vote on any question
coming before it. A majority of the Council shall constitute a quorum,
and the affirmative vote of a majority of all the members of the Council
shall be necessary to adopt any motion, resolution or ordinance.
D.
Regular meetings of the Council shall be held on the second and fourth
Mondays of each month, except the months of June, July and August.
Regular meetings of the Council shall be held on the second Mondays
of June, July and August. If a regular meeting falls on a legal holiday,
the meeting shall be held on the day following such legal holiday.
All regular meetings shall be held at the time and place fixed by
ordinance or resolution of the Council. Special meetings may be called
by any member of the Council on three days' notice, which notice shall
specify the object of the meeting. All legislative sessions shall
be open to the public, and every matter coming before the Council
for disposition shall be put to a vote whereon the ayes and nays shall
be called and recorded. A full and accurate journal of the proceedings
of the Council shall be kept by the City Clerk, which journal shall
be open to the inspection of any elector of the City at any reasonable
time.
E.
The Council may change the date, time or place of any regular or special meeting provided for in Subsection D of this section or may cancel such meeting either by resolution passed at the immediately preceding regular or special meeting or by consent of the Council at any time prior to the scheduled meeting.
F.
An emergency meeting may be called on less than three days' notice
by the City Manager or a majority of the City Council upon reasonable
notice, which notice shall specify the object of the meeting.
[Added 12-11-1995 by L.L. No. 4-1995]
[Amended 12-22-1952 by L.L. No. 10-1952]
The Mayor shall preside at all meetings of the Council. He shall
be the official head of the City for service of civil process and
under the military law and for all ceremonial purposes. He shall have
no power of veto but shall have the same power as a Councilman to
vote upon all matters coming before the Council. He shall have the
custody of the Seal of the City and shall authenticate the acts of
the Council and all instruments and papers authorized so to be authenticated.
He shall have charge of all civic functions, celebrations, receptions
and courtesies and shall perform such ministerial functions as the
Council may, from time to time, direct.
[Amended 12-22-1952 by L.L. No. 10-1952]
The Council may appoint one of its members as President Pro
Tem, who, in the absence or other disability of the Mayor, shall preside
over the meetings of the Council and perform all the duties, exercise
all the functions and have all the powers of the Mayor during the
continuance of such absence or other disability.
[Amended 12-22-1952 by L.L. No. 10-1952]
The Mayor shall have the power to administer any oath or to
take any affidavit in respect to any matter pending before the Council.
[Amended 12-22-1952 by L.L. No. 10-1952; 4-24-1989 by L.L. No.
2-1989]
The legislative employees of the City shall be the City Clerk,
the Deputy City Clerk and the Sergeant at Arms and shall hold office
during the pleasure of the Council.
[Amended by L. 1943, c. 710; 12-22-1952 by L.L. No. 10-1952; 9-23-1974 by L.L. No. 8-1974; 9-14-1987 by L.L. No. 4-1987; 4-24-1989 by L.L. No.
2-1989]
A.
The Council shall appoint a City Clerk, who shall have such powers
and perform such duties as may be prescribed by law.
B.
The Council may appoint so many Deputy City Clerks as it may deem
necessary who shall act generally for or in place of the City Clerk
and who shall have such powers and perform such duties as prescribed
by law or assigned by the Council to the City Clerk. Where the Council
appoints more than one Deputy City Clerk it shall designate the order
in which they shall act in place of the City Clerk. Failing such designation
by the Council the City Clerk shall designate the order in which they
shall so act.
[Amended 6-10-1996 by L.L. No. 2-1996]
C.
The City Clerk shall have all the powers and discharge all the duties
of a town Clerk insofar as the same shall be consistent with the provisions
hereof, and his office is hereby declared a town Clerk's office for
the purpose of depositing and filing therein all books, chattel mortgages
and papers required by law to be filed in a town Clerk's office, except
as otherwise provided in the Local Finance Law.
D.
The City Clerk shall have the same power to administer oaths and
take affidavits and acknowledgements within the City as Justices of
Peace have and shall be entitled to receive therefor from any person,
except an officer or employee of the City, the same fees and compensation.
E.
The City Clerk of the City of Newburgh shall also be the Registrar
of Vital Statistics.
F.
The Council shall designate the Deputy City Clerk who shall be the
Deputy Registrar of Vital Statistics. In the absence of such designation
the City Clerk, in the capacity of Registrar of Vital Statistics,
shall so designate the Deputy Registrar of Vital Statistics. The City
Clerk shall designate so many subregistrars of vital statistics as
may be deemed necessary.
[Amended 6-10-1996 by L.L. No. 2-1996]
[Amended 12-22-1952 by L.L. No. 10-1952]
[Amended 12-22-1952 by L.L. No. 10-1952]
Every ordinance and resolution passed by the Council shall take
effect immediately, unless in said ordinance or resolution the Council
shall direct that it shall take effect at some other specified time.
[Amended 12-22-1952 by L.L. No. 10-1952; 9-14-1987 by L.L. No.
4-1987]
A.
The Council may provide that a violation of any ordinance shall constitute
a misdemeanor or a violation.
(1)
Any person guilty of a misdemeanor shall be punished as follows:
(a)
Class A misdemeanor: by a fine of not more than $1,000 or by
imprisonment for not more than one year, or both.
(b)
Class B misdemeanor: by a fine of not more than $500 or by imprisonment
for not more than three months, or both.
(c)
Unclassified misdemeanor: A sentence to pay a fine for an unclassified
misdemeanor shall be a sentence to pay an amount, fixed by the court,
in accordance with the provisions of the ordinance that defines the
crime. A sentence of imprisonment for an unclassified misdemeanor
shall be a definite sentence. When such a sentence is imposed, the
term shall be fixed by the court, and shall be in accordance with
the sentence specified in the ordinance that defines the crime. In
the event the ordinance that defines the crime does not set forth
a sentence, such crime shall be punished in the same manner as provided
in this Charter for a person found guilty of a Class A misdemeanor.
[Added 10-10-2000 by L.L. No. 2-2000]
(2)
Any person guilty of a violation shall be liable to a fine not exceeding
$250 in amount or to imprisonment for a term not exceeding 15 days,
or both such fine and imprisonment.
B.
Such ordinance may also provide for a penalty, not exceeding $500,
to be recovered by the City in a civil action. The City may maintain
an action or proceeding in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of any
ordinance of the Council notwithstanding the fact that the ordinance
may provide a penalty for such violation.
[Amended 12-22-1952 by L.L. No. 10-1952; 9-14-1987 by L.L. No.
4-1987]
Every ordinance shall be recorded in a book kept for that purpose
by the Clerk. Such record shall include the signature of the Mayor
attested by the Clerk, and to such records shall be attached proof
of the publication of such ordinance. Such record, or a certified
copy thereof, shall be presumptive evidence of the passage of the
ordinance and of the facts certified.
[Amended 11-27-1933 by L.L. No. 1-1933; 12-22-1952 by L.L. No.
10-1952; 4-14-1980 by L.L. No. 4-1980; 9-14-1987 by L.L. No.
4-1987; 10-13-1992 by L.L. No. 3-1992]
The title or a brief description of the contents of every ordinance,
together with a statement that said ordinance is recorded in the office
of the City Clerk, shall be published at least once in at least one
newspaper having general circulation within the City.
[Amended 12-22-1952 by L.L. No. 10-1952]
On the Monday next following the general election at which candidates
for any of the elective offices of the City have been voted for, the
Council shall convene at its usual place of meeting at 9:00 a.m. to
canvass such vote. The City Clerk shall produce the statement of votes
cast filed with him by the inspectors of election, and the Council
shall forthwith ascertain, declare and certify in the manner prescribed
by law who has been elected to the various City offices voted for.
The certificate made by the Council shall be made in duplicate, and
one of such certificates shall be filed in the office of the Clerk
of the County of Orange and the other in the office of the City Clerk.
The City Clerk shall thereupon forthwith notify every person certified
to have been elected of his election.[1]
[1]
Editor's Note: Former Sec. 4.90, which was amended 12-22-1952
by L.L. No. 10-1952 and which immediately followed this section and
dealt with the Council acting as the Board of Health, was repealed
9-14-1987 by L.L. No. 4-1987.
