A.
There shall be elected by the qualified electors of the City a Common
Council consisting of the Mayor and six Councilmen, a City Chamberlain,
a City Judge, a City Justice and four Supervisors. All elective City
officers shall be elected for a two-year term except the Supervisors,
who shall be elected for the same term of office as Supervisors of
the towns of Madison County and the City Judge and City Justice who
shall be elected for six-year terms. One Councilman shall be elected
by the qualified electors of each of the six wards. The qualified
electors of the First, Second and Third Wards shall together elect
two Supervisors. The qualified electors of the Fourth, Fifth and Sixth
Wards shall together elect two Supervisors.
B.
No person shall be elected to any City office unless he shall at
the time be a resident elector of the City, nor to the office of Councilman
unless he shall at the time be a resident elector of the ward for
which he is elected, nor to the office of Supervisor, unless he shall
be at the time a resident elector of one of the wards for which he
is elected. Whenever any officer of this City shall cease to be a
resident of the City or of the district or ward for which he was elected
or appointed, his office shall thereby become vacant.
A.
The City of Oneida shall have such appointive officers as are provided
in this Charter or as required by law or established or authorized
by the Common Council. The term of office of all full-time appointive
officers shall be for an indefinite term except as otherwise provided
in this Charter or other provision of law. The terms of part-time
appointive officers shall be for two years and shall commence at the
same time as that of elective City officials except as otherwise provided
in this Charter or other provision of law.
No Councilman shall, at the same time, hold any elective office
under the government of the State of New York or any political subdivision
thereof, nor shall be hold any appointive office or position of employment
of the City except as specifically provided in this Charter or other
provision of law.
Every appointment to a City office must be made by a certificate
in writing signed by the appointing officer, or if it is made by a
board, commission, agency or the Common Council, by the presiding
officer thereof, and such certificate shall be filed in the office
of the City Clerk.
Each officer of the City shall, before entering upon the duties
of his office, take and file with the City Clerk the constitutional
oath of office; and where required by ordinance or resolution of the
Common Council, he shall file an official bond with such sureties
and in an amount as the Common Council shall direct. All bonds shall
be filed in the City Clerk's office, and the premiums for all such
bonds shall be paid by the City.
Any vacancy in an elective office, other than by the expiration
of the term of office, shall be filled by the Mayor. Any person appointed
to an elective office to fill a vacancy shall have the same qualifications
as are required of a person elected to the office. The term of office
of an officer appointed to fill the vacancy in an elective office
shall be until the commencement of the municipal year next succeeding
the first general election at which the vacancy can be filled after
the happening of the vacancy. All vacancies in appointive offices
shall be filled by the appointing authority for the balance of the
unexpired term.
The appointing authority shall have the power to remove any
officer or employee appointed by him at any time except as otherwise
provided by law or this Charter and in accordance with all provisions
of law applicable thereto. In those cases where the appointing authority
is the Common Council, board, agency or commission, the Common Council,
board, agency or commission shall have the power to remove any of
its appointive officers or employees by a majority vote of its full
membership and in accordance with all provisions of law applicable
thereto.
The Common Council shall have the power at any time to fix and
change the salaries or compensation for all officers and employees
of the City. Any fees or compensation for the performance of their
duties in the execution of their City office or employment paid to
and received by such officers or employees from any source shall be
the property of the City and shall be paid or turned over by the officer
or employee receiving the same to the City Chamberlain unless this
Charter or the Common Council specifically authorizes the retention
of such fees or compensation.
Payment or reimbursement, in whole or in part, to officers or
employees for their expenses of moving to assume employment with the
City of Oneida is hereby authorized, subject to the approval of the
Common Council and to such conditions and requirements as it may impose
thereon.
A.
If, as a result of an attack, actual or imminent, or series of attacks
by an enemy or a foreign nation upon the United States causing or
which may cause substantial damage or injury to civilian property
or persons in the City of Oneida in any manner by sabotage or the
use of bombs, shellfire or atomic, radiological, chemical, bacteriological
or biological means or other weapons or processes, or if as a result
of natural or peacetime disaster the office of the Mayor becomes vacant
or the Mayor, by reason of disability or absence from the City, shall
be prevented from attending to the duties of the office of the Mayor,
and the Deputy Mayor is unable to discharge the powers and duties
of the office of Mayor or be absent from the City, and there shall
not be a majority of the members of the Common Council able, because
of disability or absence from the City, to select one of their number
to act as Mayor, or as for any other reason they are unable to select
one of their number to act as Mayor, then the Councilor longest in
service as such Councilor shall act as Mayor during such vacancy,
disability or absence. Should such Councilor longest in service be
unable to discharge the powers and duties of the office of Mayor or
be absent from the City, the Councilor next longest in service shall
so act as Mayor during such disability or absence, and if he is unable
to discharge such powers and duties or is absent from the City, the
Councilor next longest in service shall so act as Mayor during such
disability or absence, and such progression shall continue so long
as such disability or absence continues and there are Councilors to
act as Mayor.
[Amended 7-2-2013 by L.L. No. 3-2013]
B.
Such person shall have for such period the same powers and be subject
to the same limitations as are hereinafter specified for the Deputy
Mayor acting as Mayor.
[Amended 12-19-2000 by L.L. No. 6-2000]
C.
Should two or more Councilors able to so act have the same length
of service as such Councilors, the one to act as Mayor shall be selected
by lot.
D.
If a vacancy shall occur in any elective office of the City in the
event of such extraordinary emergency, the Mayor, or person filling
that position, shall appoint a person to fill such vacancy until the
commencement of the political year next succeeding the first annual
election after the happening of the vacancy.
E.
If any City officer except the Mayor, Councilor or Supervisor shall,
from sickness, absence, suspension from office by the Common Council
or from any other cause, be unable to discharge the duties of his
office, in the event of or during such extraordinary emergency, the
Common Council or if vacancies have reduced its membership to less
than a majority then a majority of the remaining members of the Common
Council shall appoint an individual to discharge such duties during
such disability, and the person so appointed shall have and exercise
all the powers and discharge all the duties and be subject to all
of the provisions of law applicable to the officer whose place they
shall supply or to the officer or the duties of the office at which
they are appointed and shall receive such salary as shall be fixed
by the members of the Common Council making such appointment.
[1]
Editor's Note: This local law was subject to mandatory referendum
and approved by the electors of the City of Oneida 11-7-2023.
F.
If the office of the Mayor and of all the Councilors shall from sickness,
absence, suspension from office or from any other cause be vacated
and there is no one to discharge the duties of the office of Mayor,
in the event of and during such extraordinary emergency, it is hereby
established the continuity of leadership which requires the office
of Mayor to be filled at all times. Next in order of succession to
the last Councilor for the purpose of acting as Mayor shall descend
in the following order upon the following City officials dependent
on their availability and presence in the City in the order named:
City Manager, City Comptroller, City Attorney, Fire Chief and Police
Chief.
[Amended 12-19-2000 by L.L. No. 6-2000; 7-2-2013 by L.L. No.
3-2013; 7-18-2023 by L.L. No. 6-2023[2]]
[2]
Editor's Note: This local law was subject to mandatory referendum
and approved by the electors of the City of Oneida 11-7-2023.
