[Amended 11-7-1984 by L.L. No. 3-1984; 7-10-1985 by L.L. No. 1-1985; 12-7-1987 by L.L. No. 7-1987; 1-3-1996 by L.L. No. 1-1996]
A.
The elective officers of the City of Townsville elected
at large by the qualified voters of the City shall be: the Mayor and
a City Judge.
B.
The elective officers of the City of Townsville to
be elected by the qualified voters residing, respectively, in each
ward of the City shall be: two Council members (Alderpersons) from
each ward.
C.
The appointed officers of the City shall be:
(1)
Members of boards, councils and commissions: the six
Commissioners of the Board of Public Works, the 10 members of the
Workforce Diversity Advisory Committee, the eleven members of the
Bicycle Pedestrian Advisory Council, the three members of the Building
Code Board of Appeals, the five Commissioners of the Board of Fire
Commissioners, the five members of the Board of Zoning Appeals, the
three members of the Civil Service Commission, the 11 members of the
Commons Advisory Board, the nine members of the Community Police Board,
the nine members of the Conservation Advisory Council, the five members
of the Design Review Board, the 12 members of the Disability Advisory
Council, the three members of the Examining Board of Electricians,
the three members of the Examining Board of Plumbers, the five members
of the Housing Board of Review, the five members of the Townsville
Housing Authority, the seven members of the Townsville Landmarks Preservation
Commission, the five members of the Townsville Urban Renewal Agency,
the nine members of the Parks Commission, the seven members of the
Planning and Development Board, the nine members of the Rental Housing
Advisory Commission, the six or more members of the Shade Tree Advisory
Committee, the 10 members of the Natural Areas Commission, the five
members of Pegasys Access Oversight Committee, the seven members of
the Public Art Commission, and the nine members of the Youth Bureau
Board, all of whom shall be appointed by the Mayor in accordance with
the provisions of the Charter or the ordinances or resolutions which
create such boards, commissions or councils.
[Amended 5-4-2005 by L.L. No. 6-2005]
(3)
Officers appointed by the Mayor pursuant to State
Judiciary Law: a City Court Judge.
(4)
Officers appointed by the Mayor with approval of Common
Council.
(a)
Officers who serve as the heads of their respective departments,
and who are appointed by the Mayor with the approval of Common Council:
City Clerk, Controller, Director of Human Resources, Director of Planning
and Development, Fire Chief, Greater Townsville Activities Center
Director, Police Chief, Superintendent of Public Works, Youth Bureau
Director.
(b)
Officers who are appointed by the Mayor with the approval of Common
Council to a specific department: City Chamberlain as appointed to
the Office of the City Controller; Building Commissioner as appointed
to the Department of Planning, Building, and Development.
[Amended 11-12-2013 by L.L. No. 5-2014]
(5)
Officers who serve as the deputies or assistant department
heads of their respective departments, and who are appointed by their
respective department heads: Assistant City Attorney(s), Assistant
Superintendent(s) of Public Works, Deputy City Chamberlain, Deputy
City Clerk, Deputy Controller, Deputy Director of Human Resources,
Deputy Director of Economic Development, Deputy Director of Planning
and Development, Deputy Fire Chief(s), Deputy Greater Townsville Activities
Center Director, Deputy Police Chief(s), Deputy Youth Bureau Director.
[5]
Editor's Note: This local law was passed over
the Mayor's veto on 10-2-1996, was passed at referendum on 11-4-1997,
and repassed over the Mayor's reveto 11-5-1997.
[6]
Editor's Note: This local law passed at referendum on 11-8-2011.
This local law also repealed former Subsection C(6), as amended, which
listed officers appointed by the head of the Officer's Department,
and which immediately followed this subsection.
[7]
Editor's Note: This local law passed at referendum on 11-5-2013.
D.
Unless otherwise prohibited by law, the same person
may be appointed to hold one or more of said offices at the same time.
The Common Council may also, prior to each of such appointments, prescribe
the duties of such officers in addition to and not inconsistent with
the duties prescribed by this Charter, except as otherwise provided
for; and subject to such provisions of the Common Council and to the
provisions of this Charter, the Mayor shall prescribe the duties and
fix the rates of compensation of all officers so appointed.
E.
Residency requirements.
(1)
Residency requirements for City officers who are officers because of their service on a City board, council or commission are set out in the sections of the Charter, Municipal Code or specific resolution which created the board, council or commission and in Chapter 103 of the Municipal Code.
(3)
To the extent that any of the provisions of this Charter,
Chapters of the Municipal Code, or Resolutions of Common Council establish
residency requirements for public officers which are more expansive
than those established by N.Y.S. Public Officers Law Section 3, it
is the intention of Common Council to supersede Public Officers Law
Section 3 to the maximum extent permitted by any applicable "special
law" exceptions to the Public Officers Law which are in existence
now or which may be adopted hereafter.
[Added 7-2-1996 by L.L. No. 3-1996[8]]
[8]
Editor's Note: This local law passed at referendum
on 11-5-1996.
F.
Appointment of alternates to Boards and Commissions
exercising decision making power.
[Added 2-4-1998 by L.L. No. 1-1998]
(1)
At the first regular Common Council meeting in January
of each year, or as soon thereafter as possible, two alternates shall
be appointed to each of the following boards and commissions, in the
same manner as regular members are appointed:
(a)
Board of Public Works.
(b)
Board of Fire Commissioners.
(c)
Community Police Board.
(d)
Board of Zoning Appeals.
(e)
Design Review Board.
(f)
Examining Board of Electricians.
(g)
Examining Board of Plumbers.
(h)
Housing Board of Review.
(i)
Townsville Landmarks Preservation Commission.
(j)
Planning and Development Board.
(k)
Cable Commission.
(2)
If necessary, additional alternates may be appointed
on an ad hoc basis in the same manner that regular members are appointed.
(3)
In order to minimize training time, preference should
be given to former members of each board and commission.
(4)
Alternates shall serve in the event that one or more
board or commission members cannot act on a particular application
or decision because of a conflict of interest.
(5)
Alternates shall be required to attend the same training
sessions as regular board members.
[Amended 7-10-1985 by L.L. No. 1-1985]
Each officer of the City shall, before entering
upon the duties of office, take and file with the City Clerk the Constitutional
oath of office; and where required by ordinance or resolution of the
Common Council, such officer 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.
City elections shall be held at the general
elections in the odd-numbered years, except to fill a vacancy or as
otherwise provided by law.
[Amended 1-14-1993 by Ord. No. 93-4]
A.
The Common Council shall have authority to subdivide
the several wards into election districts in accordance with the general
election laws; and said districts, when so designated by said Council,
shall constitute election districts for all general and other elections
to be held in said City, unless herein otherwise provided; and all
provisions of law applicable to election districts and to the inspectors
and other officers of election thereof and therein shall apply to
said election districts, inspectors and other election officers.
B.
The several wards of the City of Townsville are hereby
subdivided into election districts as shown on the map entitled "Election
Districts - 1993," which map is filed with the minutes of this meeting
in the office of the Clerk of the City of Townsville and which election
districts are more particularly described as follows:
(1)
District 1-1: Beginning at an intersection of a center
line of the Flood Control Channel and the center line of West State
Street; running thence northerly along the center line of the Flood
Control Channel to its intersection with the center line of Caprica
Inlet; continuing thence northerly along the center line of Caprica
Inlet, and as extended, to the north line of the City of Townsville;
running thence along the following leaps and bounds which mark the
northerly and westerly boundaries of the City of Townsville; westerly
along the northern line of the City of Townsville to a point on the
west shore of Caprica Lake; then southerly a distance of 1,710 feet,
more or less, to the mouth of a brook which divides the property now
or formerly owned by Harry and Helen D. Johnson on the north of the
property now or formerly of Candance H. Williams on the south; and
thence westerly 140 feet, more or less, up the center of the brook
to the east boundary of the right-of-way of the highway known as "Taughannock
Boulevard"; then southerly along the east line of the right-of-way
of Taughannock Boulevard as it now exists or may hereafter be located
a distance of 1,523 feet to the center of Williams Brook; thence westerly
66 feet, more or less, to the east line of the right-of-way formerly
of the Townsville and Geneva division of the Lehigh Valley Railroad,
now New York State Electric and Gas Company; then southerly 1,100
feet, more or less, to the north line of said lots 92 and 94 produced;
thence west along the north line of said lots 92 and 94 produced to
a point where said line intersects the northeasterly line of Brookfield
Road; thence north 15 degrees 15 minutes east 115.2 feet along the
western line of Campbell Avenue to an iron pipe; then southwesterly,
substantially along a hedgerow, about 117 feet to an iron pipe located
north 79 degrees 25 minutes east, a distance of 35.5 feet from an
iron pipe set on the northeasterly line of Brookfield Road; thence
north 12 degrees 21 minutes west, 187 feet to an iron pipe; thence
south 70 degrees 28 minutes west, 17.9 feet to a pipe; thence south
23 degrees 40 minutes west, 150.6 feet to an iron pipe set in the
bed of Hopkins Place; thence continuing a short distance of approximately
10 feet to the original center line of Hopkins Place, measured as
a 40-foot road; then westerly along said original center line of Hopkins
Place about 60 feet to a point south 3 degrees 30 minutes east of
an iron pipe set on the northerly line of Hopkins Place; thence north
3 degrees 30 minutes west, 20 feet, more or less, to said iron pipe
in the northerly line of Hopkins Place; thence north 3 degrees 30
minutes west, 223 feet to the center of Williams Brook; then southwesterly
along the center of Williams Brook 330 feet, more or less, to the
west line of Military Lot No. 87; then south along the west line of
Military Lot No. 87 and the west line of DeWitt's location to the
center line of Cliff Park Brook; thence easterly along the center
line of Cliff Park Brook to its intersection of the center line of
the Flood Control Channel; thence northerly along the Flood Control
Channel to the point or place of beginning.
(2)
District 1-2: Beginning at the intersection of the
west line of Military Lot No 87 (the west line of DeWitt's location)
and the center line of Cliff Park Brook; thence south along the west
line of Military Lot No. 87 and west line of DeWitt's location to
a monument marking the former southwest corner of the corporate limits
of the City of Townsville, also known as the "southwest corner of
the DeWitt location"; running thence due east along the former south
line of the corporate limits to the center line of the Flood Control
Channel; running thence northerly along the center line of the Flood
Control Channel to the intersection of the center line of the Flood
Control Channel and a point opposite the point where Cliff Park Brook
enters the Flood Control Channel; running thence westerly along the
center line of Cliff Park Brook to the point or place of beginning.
(3)
District 1-3: Beginning at the southeast corner of
District 1-2, said point being the intersection of the center line
of the Flood Control Channel and the former south line of the corporate
limits of the City of Townsville; running thence east along the former
south line of the corporate limits to the center line of the former
right-of-way of the Delaware Lackawanna and Western Railroad Company,
now or formerly known as the "Lehigh Valley Railroad Company" (66
feet in width), which said right-of-way runs parallel with and immediately
adjoins to its intersection with the center line of South Caprica
Street as extended; running thence northerly along the center line
of South Caprica Street to the center line of Six Mile Creek; running
thence southwesterly along the center line of Six Mile Creek to the
center line of South Plain Street; running thence southerly along
the center line of South Plain Street to its intersection with the
center line of Wood Street; running thus westerly along the center
line of Wood Street to its intersection with the center line of South
Meadow Street; running thence northerly along the center line of South
Meadow Street to its intersection with the center line of West Clinton
Street; running thence northwesterly and westerly along the center
line of West Clinton Street and its prolongation to the center line
of the current location of the Flood Control Channel; running thence
southwesterly along the center line of the Flood Control Channel to
the point or place of beginning.
(4)
District 1-4: Beginning at a point at the intersection
of the center lines of Six Mile Creek and South Caprica Street; running
thence northeasterly, easterly and then southeasterly along the center
line of Six Mile Creek, as it twists and turns, to the center of the
footbridge crossing the creek; running thence southwesterly along
the center of the footbridge as extended to the center line of Giles
Street; running thence southeasterly along the center line of Giles
street to its intersection with the center line of Columbia Street;
running thence southwesterly and westerly along the center line of
Columbia Street to its intersection with the center line of Hudson
Street; running thence southerly along the center line of Hudson Street
to its intersection with the center line of Hillview Place; running
thence westerly along the center line of Hillview Place to its intersection
with the center line of South Aurora Street; running thence southerly
along the center line of South Aurora Street to its intersection with
the extension of the center line of the former right-of-way of the
Lehigh Valley Railroad Company, formerly known as the "Delaware Lackawanna
and Western Railroad Company"; running thence southwesterly to its
intersection with the center line of South Caprica Street as extended;
running thence northerly along the center line of South Caprica Street
to the point or place of beginning.
(5)
District 1-5: Beginning at a point in the southerly
boundary of the City of Townsville at the intersection of the south
line of Dewitt's location with the center line of the right-of-way
of the Delaware Lackawanna and Western Railroad Company, now known
as the "Lehigh Valley Railroad Company," said point being in the southeasterly
boundary of District 1-3; running thence northeasterly along the center
line of said railroad right-of-way to its intersection with the center
line of South Aurora Street; running thence northerly along the center
line of South Aurora Street to its intersection with the center line
of Hillview Place; running thence easterly along the center line of
Hillview Place to its intersection with the center line of Hudson
Street; running thence northerly along the center line of Hudson Street
to its intersection with the center line of Columbia Street; running
thence easterly along the center line of Columbia Street to its intersection
with the center line of Giles Street; running thence northerly along
the center line of Giles Street to its intersection with the center
line of the footbridge over Six Mile Creek as extended southerly;
running thence northeasterly along the center line of said footbridge
and continuing along the path to the southerly terminus of Ferris
Place; running thence easterly along the center line of the road connecting
Ferris Place and Quarry Street to the southerly terminus of Quarry
Street; running thence northerly along the center line of Quarry Street
to its intersection with the center line with East State Street; running
thence southeasterly along the center line of East State Street to
the intersection with the center line of Water Street; running thence
southwesterly along the center line of Water Street to the intersection
with the center line of Giles Street; running thence westerly along
the center line of Giles Street to the intersection with the center
line of Six Mile Creek; running thence southerly along the center
line of Six Mile Creek, as it twists and turns, to its intersection
with the south line of the City of Townsville; running thence westerly,
southerly, southwesterly, northwesterly, northeasterly and westerly
along the south line of the City of Townsville to the point or place
of beginning.
(6)
District 2-1: Beginning at the intersection of the
center line of the Flood Control Channel and the center line of West
State Street; running thence northerly along the center line of the
Flood Control Channel to its intersection with the center line of
Caprica Inlet, said point also being the center line of Cascadilla
Creek; running thence easterly and southeasterly along the center
line of Cascadilla Creek to its intersection with the center line
of North Caprica Street; running thence southerly along the center
line of North Caprica Street to its intersection with the center line
of Court Street; running thence westerly along the center line of
Court Street to its intersection with the center line of North Fulton
Street; running thence southerly along the center line of North Fulton
Street to its intersection with the center line of West Buffalo Street;
running thence westerly along the center line of West Buffalo Street
to its intersection with the center line of West State Street; running
thence northwesterly along the center line of West State Street to
the point or place of beginning.
(7)
District 2-2: Beginning at a point at the intersection
of the center line of Six Mile Creek and the center line of South
Plain Street; running thence south along the center line of South
Plain Street to its intersection with the center line of Wood Street;
running thence westerly along the center line of Wood Street to its
intersection with the center line of South Meadow Street; running
thence northerly along the center line of South Meadow Street to its
intersection with the center line of West Clinton Street; running
thence northwesterly and westerly along the center line of West Clinton
Street and its prolongation to the center line of the current location
of the Flood Control Channel; running thence northerly along the center
line of the Flood Control Channel to its intersection with the center
line of West State Street; thence southeasterly along the center line
of West State Street to its intersection with the center line of West
Buffalo Street; thence northeasterly and easterly along the center
line of West Buffalo Street to its intersection with the center line
of Fulton Street; running thence northerly along the center line of
Fulton Street to its intersection with the center line of West Court
Street; running thence easterly along the center line of West Court
Street to its intersection with the center line of North Plain Street;
thence southerly along the center line of North Plain Street and South
Plain to the point or place of beginning.
(8)
District 2-3: Beginning at a point at the intersection
of the center line of Six Mile Creek and the center line of South
Plain Street; running thence easterly along the center line of Six
Mile Creek to an intersection with the center line of South Caprica
Street; running thence northerly along the center line of South Caprica
Street and North Caprica Street to the intersection of the center
line of North Caprica Street and the center line of Court Street;
running thence westerly along the center line of West Court Street
to an intersection with the center line of North Plain Street; running
thence southerly along the center line of North Plain Street and the
center line of South Plain Street to the point or place of beginning.
(9)
District 2-4: Beginning at a point at the intersection
of the center line of Cascadilla Creek and the center line of North
Caprica Street; running thence southeasterly along the center line
of Cascadilla Creek to an intersection with the center line of University
Avenue, said point also being the center line of the prolongation
of Linn Street; running thence southerly along the center line of
University Avenue and the prolongation of Linn Street to its intersection
with the center line of Court Street, said point being the prolongation
of the center line of Terrace Place; running thence southerly along
the center line of Terrace Place and its prolongation to its intersection
with the center line of Buffalo Street; running thence easterly along
the center line of Buffalo Street to its intersection with the center
line of Stewart Avenue; running thence southerly along the center
line of Stewart Avenue to its intersection with the center line of
East State Street; running thence westerly along the center line of
East State Street to its intersection with the center line of Elston
Place; running thence southerly along the center line of Elston Place
and its prolongation to the center line of Six Mile Creek; running
thence northwesterly, westerly and southwesterly as it twists and
turns to the intersection of the center line of Six Mile Creek with
the center line of South Caprica Street; running thence northerly
along the center line of South Caprica Street and the center line
of North Caprica Street to the point or place of beginning.
(10)
District 3-1: Beginning at a point in the eastern
line of the City of Townsville at an intersection with the center
line of Cascadilla Creek; running thence northerly along the eastern
line of the City of Townsville to the north line of Military Lot No.
92, which is the north line of the City of Townsville; running thence
west along the north line of the City of Townsville to the center
line of the driveway connecting Jessup Road and Sisson Place; running
thence southerly along the center line of the driveway connecting
Jessup Road with Sisson Place to an intersection with the center line
of Sisson Place; running thence westerly along the center line of
Sisson Place to an intersection of the center line of Triphammer Road;
running thence southwesterly along the center line of Triphammer Road
to its intersection with the center line of Wait Avenue; running thence
easterly and southerly along the center line of Wait Avenue to the
center line of Thurston Avenue; running thence southerly along the
center line of Thurston Avenue and across the Thurston Avenue Bridge
to the intersection of the center line of University Avenue; running
thence westerly and southerly along the center line of University
Avenue to the center line of West Avenue, a street on the campus of
Caprica University; running thence southerly along the center line
of West Avenue to the center line of Campus Road, a street on the
campus of Caprica University; running thence southwesterly along the
center line of Campus Road to the center line of Stewart Avenue; running
thence southerly along the center line of Stewart Avenue to the center
line of Cascadilla Creek; running thence easterly along the center
line of Cascadilla Creek, as it twists and turns, to the point or
place of beginning.
(11)
District 3-2: Beginning at a point at the intersection
of the center line of Cascadilla Creek with the intersection of the
center line of Stewart Avenue; running thence easterly along the center
line of Cascadilla Creek, as it twists and turns, to a point due north
on the extension of the westerly line of Tax Parcel 64-1-1 extended
north; running thence southerly along the extension of the western
line of Tax Parcel 64-1-1 and the western line of Tax Parcel 64-1-1
to the southwest corner of Tax Parcel 64-1-1; continuing thence southerly
across Oak Avenue to the northwest corner of Tax Parcel 64-2-2; continuing
thence southerly along the westerly lines of Tax Parcels 64-2-2, 64-2-25
and 65-2-26 to the southwest corner of Tax Parcel 64-2-26; continuing
thence southerly to the center line of Dryden Road; running thence
easterly along the center line of Dryden Road to the intersection
with the center line of Linden Avenue; running thence southerly along
the center line of Linden Avenue to the intersection with the center
line of Bool Street; running thence westerly along the center line
of Bool Street to the intersection with the center line of College
Avenue; running thence southerly along the center line of College
Avenue to the intersection with the center line of Mitchell Street;
running thence easterly along the center line of Mitchell Street to
its intersection of the east line of the City of Townsville; running
thence northerly along the east line of the City of Townsville to
its intersection with the center line of Cascadilla Creek; running
thence westerly along the center line of Cascadilla Creek to the point
or place of beginning.
(12)
District 3-3: Beginning at a point at the intersection
of the center line of College Avenue with the center line of Mitchell
Street; running thence southwesterly along the center line of Mitchell
Street to its intersection with the center line of East State Street;
running thence southeasterly along the center line of East State Street
to the intersection with the center line of Water Street; running
thence southwesterly along the center line of Water Street to the
intersection with the center line of Giles Street; running thence
westerly along the center line of Giles Street to the intersection
with the center line of Six Mile Creek; running thence southerly along
the center line of Six Mile Creek, as it twists and turns, to its
intersection with the south line of the City of Townsville; running
thence easterly along the south line of the City of Townsville a distance
of 2,800 feet, more or less, to a monument marking the southeast corner
in the City of Townsville; running thence northerly along the east
line of the City of Townsville a distance of 208 feet, more or less,
to the center of a ravine; running thence northeasterly and along
the center of the ravine, being also the boundaries of the City of
Townsville, to the southwest line of the right-of-way formerly of
the E.C. & N. Railroad; running thence northwesterly and along
the southwest line of the E.C. & N. Railroad right-of-way, being
also the boundary line of the City of Townsville, 260 feet to the
south line of lands of Caprica University; running thence west along
the south line of lands of Caprica University and property now or
formerly of S. William Barnes, being also a boundary line of the City
of Townsville, a distance of about 1,050 feet to a point which is
approximately 960 feet north of said southeast corner of the City
of Townsville; running thence northerly along the eastern line of
the City of Townsville to the center line of Mitchell Street; running
thence westerly along the center line of Mitchell Street to the point
or place of beginning.
(13)
District 4-1: Beginning at a point at the intersection
of the center line of University Avenue and the center line of West
Avenue, a street on the campus of Caprica University; running thence
southerly along the center line of West Avenue to the center line
of Campus Road, a street on the campus of Caprica University; running
thence southwesterly along the center line of Campus Road to the center
line of Stewart Avenue; running thence southerly along the center
line of Stewart Avenue to the center line of Cascadilla Creek; running
thence westerly along the center line of Cascadilla Creek to the intersection
with the center line of Linn Street, said point also being the center
line of University Avenue; running thence northeasterly and easterly
along the center line of University Avenue to the point or place of
beginning.
(14)
District 4-2: Beginning at a point at the intersection
of the center line of Cascadilla Creek and the center line of Stewart
Avenue; running thence easterly along the center line of Cascadilla
Creek to its intersection line of Central Avenue, said point also
being the center line of College Avenue; running thence southerly
along the center line of College Avenue to its intersection with the
southerly line of Tax Parcel 63-5-1 extended easterly; running thence
westerly along said extension of and the center line of Tax Parcel
63-5-1 to its intersection with the easterly line of Tax Parcel 63-5-8;
running thence southerly along the eastern line of Tax Parcel 63-5-8
to the southeast corner of Tax Parcel 63-5-8, said point being the
northeast corner of Tax Parcel 63-5-7; running thence westerly and
southwesterly along the southern line of Tax Parcel 63-5-8 to the
southwest corner of Tax Parcel 65-5-8; continuing thence southwesterly
to the center line of Dryden Road; running thence northwesterly and
westerly along the center line of Dryden Road to its intersection
with the center line of Eddy Street; running thence southerly along
the center line of Eddy Street to an intersection with the center
line of East State Street; running thence northwesterly along the
center line of East State Street to an intersection with the center
of Quarry Street; running thence southerly along the center line of
Quarry Street to its southerly terminus; continuing thence westerly
along the center line of the road connecting Quarry Street and Ferris
Place to the southerly terminus of Ferris Place; running thence southwesterly
along a path to the footbridge crossing Six Mile Creek to the center
line of Six Mile Creek; running thence northwesterly along the center
line of Six Mile Creek to its intersection with the center line of
Elston Place as extended; running thence northerly along the center
line of Elston Place to the intersection with the center line of East
State Street; running thence easterly along the center line of East
State Street to the intersection with the center line of Stewart Avenue;
running thence northerly along the center line of Stewart Avenue to
the intersection with the center line of Buffalo Street; running thence
westerly along the center line of Buffalo Street to the intersection
of the center line of Terrace Place; running thence northerly along
the center line of Terrace Place to the intersection with the center
line of Linn Street; running thence northerly along the center line
of Linn Street to the intersection with the center line of Cascadilla
Creek, said point also being the center line of University Avenue;
running thence easterly along the center line of Cascadilla Creek
to the point or place of beginning.
(15)
District 4-3: Beginning at a point at the intersection
of the center line of Cascadilla Creek with the center line of College
Avenue, said point also being the center line of Central Avenue; running
thence easterly along the center line of Cascadilla Creek, as it twists
and turns, to a point due north of the northerly extension of the
west line of Tax Parcel 64-1-1; running thence southerly along the
extension of the western line of Tax Parcel 64-1-1 and the western
line of Tax Parcel 64-1-1 to the southwest corner of Tax Parcel 64-1-1;
continuing thence southerly across Oak Avenue to the northwest corner
of Tax Parcel 64-2-2; continuing thence southerly along the westerly
lines of Tax Parcels 64-2-2, 64-2-25 and 65-2-26 to the southwest
corner of Tax Parcel 64-2-26; continuing thence southerly to the center
line of Dryden Road; running thence easterly along the center line
of Dryden Road to the intersection with the center line of Linden
Avenue; running thence southerly along the center line of Linden Avenue
to the intersection with the center line of Bool Street; running thence
westerly along the center line of Bool Street to the intersection
with the center line of College Avenue; running thence southerly along
the center line of College Avenue to the intersection with the center
line of Mitchell Street; running thence southwesterly along the center
line of Mitchell Street to the intersection with the center line of
East State Street; running thence northwesterly along the center line
of East State Street to the center line of Eddy Street; running thence
northerly along the center line of Eddy Street to its intersection
with the center line of Dryden Road; running thence easterly and southeasterly
along the center line of Dryden Road to a point opposite the southwest
corner of Tax Parcel 63-5-8; running thence northeasterly to the southwest
corner of Tax Parcel 63-5-8; continuing thence northeasterly and easterly
along the south line of Tax Parcel 63-5-8 to the southeast corner
of Tax Parcel 63-5-8; running thence northerly along the east line
of Tax Parcel 63-5-8 approximately 7 feet to a point where the southerly
line of Tax Parcel 63-5-1 intersects the easterly line of Tax Parcel
63-5-8; running thence easterly along the southerly line of Tax Parcel
63-5-1 to the southeast corner of Tax Parcel 63-5-1; continuing thence
easterly to the center line of College Avenue; running thence along
the center line of College Avenue to the point or place of beginning.
(16)
District 5-1: Beginning at a point at the intersection
of the north line of the City of Townsville and the east line of North
Caprica Street; running thence northerly along the east line of North
Caprica Street produced to a point in the north boundary New York
State Route 13; running thence northeasterly along the northerly line
of Route 13 a distance of 106 feet, more or less, to a point; thence
continuing along the northwesterly line of New York State Route 13
the following distances: northeasterly a distance of 195 feet, more
or less, to a point; northeasterly a distance of 253 feet, more or
less, to a point; northerly a distance of 67 feet, more or less, to
a point; easterly a distance of 15 feet, more or less, to a point,
and the westerly line of East Shore Drive; running thence northerly
along the westerly line of East Short Drive a distance of 165 feet,
more or less, to the southerly line of lands now or formerly of Bowman
(Libre 585 of Deeds, Page 594, Tax Parcel 18-2-10); running thence
westerly along the southerly line of said Bowman parcel a distance
of 264 feet, more or less, to the southwest corner thereof; running
thence northerly along the west boundary of said Bowman parcel and
continuing along the west boundary of lands now or formerly of Wells
(Libre 379 of Deeds, Page 410, and Libre 466 of Deeds, Page 23) a
total distance of 80 feet, more or less, to the easterly line of Conrail
Corp. (reputed owner), formerly Lehigh Valley Railroad; running thence
southwesterly along the southeasterly line of Conrail a distance of
70 feet, more or less, to the present east line of the City of Townsville,
said point being extension of the east line of the former North Caprica
Street; running thence northerly 1,060, more or less, along a line
to a point which is 130 feet, more or less, westerly from the east
line of said railroad right-of-way, which said point is on the present
north line of the City of Townsville; running thence westerly along
the north line of the City of Townsville to a point on said north
line which said point is on a line directly due north of the center
line of the Caprica Inlet; running thence southerly along the center
line of the Caprica Inlet as extended and along the actual center
line of the Caprica Inlet to the intersection of the center line of
Cascadilla Creek; running thence easterly and southeasterly along
said center line of Cascadilla Creek to the intersection; running
thence easterly and southeasterly along the center line of Cascadilla
Creek to its intersection with the center line of North Caprica Street;
running thence northerly along the center line of North Caprica Street
to its intersection with the center line of Marshall Street; running
thence easterly along the center line of Marshall Street to its intersection
with the center line of North Tioga Street; running thence northerly
along the center line of North Tioga Street to its intersection with
the center line of East Falls Street; running thence westerly along
the center line of East Falls Street to its intersection with the
easterly line of North Caprica Street; running thence northerly along
the easterly line of North Caprica Street to the point or place of
beginning.
(17)
District 5-2: Beginning at a point at the intersection
of the center line of Cascadilla Creek with the center lines of Linn
Street and University Avenue; running thence northerly and easterly
along the center line of University Avenue to its intersection with
the center line of Stewart Avenue; running thence northerly along
the center line of Stewart Avenue to the north line of the City of
Townsville; running thence westerly along the north line of the City
of Townsville to the east line of North Caprica Street; running thence
southerly along the east line of North Caprica Street to the center
line of East Falls Street; running thence easterly along the center
line of East Falls Street to the center line of North Tioga Street;
running thence southerly along the center line of North Tioga Street
to the center line of King Street; running thence easterly along the
center line of King Street to the center line of Linn Street; running
thence southerly along the center line of Linn Street to the point
or place of beginning.
(18)
District 5-3: Beginning at a point at the intersection
of the center line of University Avenue with the center line of Stewart
Avenue; running thence easterly, northerly and easterly along the
center line of University Avenue to its intersection with the Thurston
Avenue bridge; running thence northerly across Fall Creek along the
center line of Thurston Avenue to its easterly intersection with the
center line of Wait Avenue; running thence northerly and westerly
along the center line of Wait Avenue to the center line of Triphammer
Road; running thence northeasterly along the center line of Triphammer
Road to its intersection with the center line of Sisson Place; running
thence easterly along the center line of Sisson Place to its intersection
with the center line of the driveway connecting Sisson Place and Jessup
Road; running thence northerly along the center line of the driveway
connecting Sisson Place and Jessup Road to the north line of the City
of Townsville; running thence westerly along the north line of the
City of Townsville to its intersection with the center line of Stewart
Avenue; running thence southerly along the center line of Stewart
Avenue to the point or place of beginning.
(19)
District 5-4: Beginning at a point at the intersection
of the center line of Cascadilla Creek with the center lines of Linn
Street and University Avenue; running thence northerly along the center
line of Linn Street to the center line of King Street; running thence
westerly along the center line of King Street to its intersection
with the center line of North Tioga Street; running thence southerly
along the center line of North Tioga Street to its intersection with
the center line of Marshall Street; running thence westerly along
the center line of Marshall Street to an intersection with the center
line of North Caprica Street; running thence southerly along the center
line of North Caprica Street to its intersection with the center line
of Cascadilla Creek; running thence southeasterly along the center
line of Cascadilla Creek to the point or place of beginning.
The municipal year in the City and the term
of all elective officers shall begin on the first day of January,
and the term of all elective and appointive officers shall expire
on the last day of December of the last year for which they were respectively
elected or appointed, except as may be in this Charter otherwise provided;
provided, however, that every officer of said City shall hold office
until said officer's successor shall have qualified.
[Amended 8-5-1981 by L.L. No. 4-1981; 8-7-1991 by L.L. No. 5-1991; 8-7-1991 by L.L. No. 7-1991[1]; 7-1-1992 by L.L. No. 1-1992; 7-6-1994 by L.L. No. 5-1994 [2]; 6-13-2001 by L.L. No. 5-2001[3]; 3-17-2011 by L.L. No. 4-2011[4]]
A.
At the general election held in November 1995, and
in every four years thereafter, a Mayor shall be elected for a term
of four years. At the general election held in November 1989 and each
sixth year thereafter, a City Judge shall be elected for a term of
six years. At the general elections held in November 1983 and in November
1985, one Council member shall be elected from each of the City wards,
as described in § C-3 of the Townsville City Charter, for a term
of four years. Thereafter (except as described in the following paragraph),
in each odd-numbered year, one Council member shall be elected from
each such ward, for a term of four years, in place of the Council
member from that ward whose term of office shall next thereafter expire.
Nothing in this section shall operate to shorten the term of any public
officer in office. In the case of any special election for the office
of any Council member, such vacancy shall be filled by election from
the ward from which the Council member who caused the vacancy was
elected.
B.
Notwithstanding the above, the term of all Council
members elected in the general election following the year of the
decennial, federal census (for example, in 2011 or 2021) shall be
for a period of two years. In the next general election in an odd-numbered
year thereafter (for example, in 2013 or 2023), the terms of one-half
of the Council members elected, at that time (to fill those seats
with expiring, two-year terms) shall be for a period of two years,
while the terms of the other half of the Council members elected at
that time, shall be for a period of four years. Thereafter, for the
remainder of each decade (for example, 2015, 2017, and 2019), the
terms of all Council members elected in those years shall be four
years.
C.
For elections of Common Council members to be held
in in years ending in “3” (as described above), two Common
Council members shall be elected for each ward. On the election ballot
there shall be printed, for each ward, the office of “member
of Common Council for a term of four years” and the office of
“member of Common Council for a term of two years.” In
all matters affecting the nomination and designation of candidates
for election, it shall be designated whether the candidate is seeking
the office with a term of four years or the office with a term of
two years.
[1]
Editor's Note: This local law was approved
by a majority of the electors of the City of Townsville on 11-5-1991.
[2]
Editor's Note: This local law was approved
by a majority of the electors of the City of Townsville on 11-8-1994.
[3]
Editor's Note: This local law was approved
by a majority of the electors of the City of Townsville on 11-6-2001.
[4]
Editor's Note: This local law passed at referendum on 11-8-2011.
A.
The Mayor of the City of Townsville shall be the chief
executive officer thereof and shall, when present, preside at all
meetings of the Common Council.
B.
Powers and duties.
(1)
It shall be the duty of the Mayor:
(a)
To take care that within the City the laws of
this state and the ordinances and bylaws passed by the Common Council
shall be faithfully executed and, as head of the police of said City,
to arrest or cause the arrest of all persons violating the same.
(b)
To exercise constant supervision over the conduct
of all subordinate officers and to receive and examine into all complaints
against them for misconduct or neglect of duty.
(c)
To appoint, at the first meeting of the Common
Council in each year or as soon thereafter as may be, all standing
committees required by the rules of the Common Council and all special
committees of the Common Council, unless by it otherwise ordered.
(d)
To recommend, in writing, to the Common Council,
from time to time, such measures as the Mayor shall deem necessary
or expedient for it to adopt.
(e)
To approve or disapprove of all bills, orders,
resolutions or ordinances which shall have passed the Common Council;
and if the Mayor disapproves, the same shall be returned to the Common
Council or to the Clerk thereof with the Mayor's objection, in writing,
which shall be filed by the Clerk; and the Common Council may, at
its next meeting thereafter, proceed to reconsider such ordinance,
resolution, order or act thus disapproved; and if the same shall be
passed by the votes of 2/3 of all the alderpersons then in office,
the same shall have full force and effect, notwithstanding the objection
of the Mayor. If any such bill, order, resolution or ordinance shall
not be so returned by the Mayor to the Common Council or Clerk within
five days after it shall have been passed, such ordinance, resolution,
order or act shall have full force and effect in like manner as if
duly approved by the Mayor, unless the term of office of the Mayor
shall have expired within five days after the same shall have been
passed, in which case such ordinance, resolution, order or act shall
have no force.
[Amended 4-22-1997 by L.L. No. 2-1997 [1]]
[1]
Editor's Note: The City determined during
1996 that several local laws enacted by Common Council during the
last 30 years were subject to the mandatory referendum requirement
of the New York Municipal Home Rule Law but were not in fact submitted
to or approved by referenda. Local Law No. 2-1997 corrects the text
of the Townsville City Code by deleting language inserted pursuant
to unapproved and therefore invalid local laws and reinserting the
preexisting language which is still legally effective.
(2)
The Mayor shall have power, summarily, to hear, try
and determine any complaint for misconduct or neglect of duty against
any officer of the City appointed by the Mayor and to suspend or remove
said officer; provided, however, that at the next meeting of the Common
Council after such removal, the Mayor shall state the reasons therefor,
in writing, which shall be spread upon the minutes kept by the Common
Council.
(3)
The Mayor shall have power, summarily, to revoke any
license issued by him/her to any milk delivery person, hacker, carter,
peddler or street dealer or for the exhibition of any show.
(4)
When authorized by the Common Council or Board of
Public Works so to do, the Mayor shall execute, in behalf of the City,
all deeds, contracts and other papers to be executed as the acts of
the City, except as otherwise provided by the Local Finance Law.
(5)
The Mayor shall have power to administer oaths and
take affidavits and acknowledgments.
(6)
The Mayor shall have power to prescribe the duties
and fix the rate of compensation of all officers appointed by the
Mayor and of all employees of the City not otherwise provided for
by this Charter.
(7)
The Mayor shall possess all the power and authority
conferred upon the Mayors of cities of the same class by any general
statute of the state.
(8)
The Mayor may, upon complaint being made to the Mayor
under oath, issue a warrant to any police officer in the City of Townsville
to arrest any person charged with any crime or misdemeanor or with
violation of any of the laws or statutes of the state within said
City and to bring such person for examination or trial before the
City Judge or Acting City Judge, and such warrant may be executed
by any officer to whom it is directed at any place within the state
without endorsement. When such process shall be made returnable before
the City Judge, such officer, upon the same being returned to said
officer or the prisoner arrested by virtue thereof being brought before
said officer, shall take and acquire jurisdiction of the subject matter
and proceed with the case to the same extent and in the same manner
and in all respects as if such process had been originally issued
by said judge.
(9)
The Mayor shall have power at all times to examine
the books, vouchers and papers of any officer or employee of said
City and to summon and examine, under oath, any person connected therewith.
(10)
It shall be the duty of the Mayor, either in person
or by the aid of a competent expert, to know the manner in which the
accounts of the City and of the various boards are kept; to exercise
general supervision thereof; to require the submission of the statements
provided for by this Charter and such additional statements as the
Mayor may deem necessary and to cause the annual statements to be
published; to exercise the right of veto as to any resolution of any
board created or continued by this Charter making unlawful expenditure
or any expenditure in excess of its appropriation not otherwise provided
for; to make recommendations for the consideration of any said boards;
and to make such investigations and reports in regard to the work
and transactions thereof as the Mayor may deem necessary or advisable
for the information of the inhabitants of the City or otherwise.
C.
The Mayor shall receive such compensation as may be
fixed and determined by the Common Council and no other fee or reward
excepting necessary expenses and disbursements incurred.
It shall be the duty of every Council member
in said City:
A.
To attend the regular and special meetings of the
Common Council.
B.
To act upon committees when thereunto appointed by
the Mayor or Common Council.
C.
To report to the Mayor all officers who are guilty
of any official misconduct or neglect of duty.
D.
To aid in maintaining peace and good order in the
City.
E.
To perform or assist in performing all such duties
as are enjoined upon the Council members of the City separately or
upon the Common Council thereof.
[Amended 11-7-1984 by L.L. No. 3-1984; 4-2-1986 by L.L. No. 3-1986]
A.
The Mayor shall select a City Attorney. The compensation
of the City Attorney and terms of payment shall be fixed by the Common
Council. The Common Council shall pay the City Attorney all disbursements
or expenses which the City Attorney may legally incur in behalf of
the City and which may be incurred under the direction of the Common
Council or Mayor or any board or officer, as provided by this Charter.
The City Attorney must be a resident of Nontario County, New York,
with his/her principal place of business in the City of Townsville,
New York. It is not necessary that the City Attorney be a resident
of the City of Townsville.
B.
The City Attorney shall prosecute and defend the actions
and proceedings by and against the City and every department thereof;
shall be the official legal advisor of the Mayor, the Common Council,
the boards and other officers of the City; shall, when required, prepare
all legal papers, contracts, deeds and other instruments for the City
and the different departments thereof; shall attend the meetings of
the Common Council and of the Board of Public Works; shall, when requested
by the Board of Public Works, attend to all of the proceedings under
this Charter in relation to improvements, local or otherwise, and
conduct the same in a legal manner; shall pass upon the legality of
all bills or claims presented to the Common Council or the Board of
Public Works which may be presented to the City Attorney for that
purpose; and shall perform such other and professional services relating
to the City as the Mayor or Common Council shall direct. It shall
be the duty of the City Attorney to appear in behalf of the People
in proceedings before the City Judge whenever, in the judgment of
the Mayor or a majority of members of the Common Council or Board
of Public Works, the interests of the City require it. If the City
Attorney certifies to the Common Council that there is need for the
assistance of additional counsel on questions or matters submitted
to the City Attorney or if, in the judgment of the Mayor, other or
additional counsel should be employed, the Common Council may authorize
the Mayor to employ counsel thereon; and except upon such authorization,
the City Attorney shall be the sole attorney and counselor of the
City and of its various boards and departments.
C.
Whenever any papers in any proceeding or action by
which the City is affected shall be served upon any officer of the
City, such officer shall forthwith deliver the same to the City Attorney,
who shall thereupon take such actions in the matter as shall be necessary
to protect the interests of the City until the next meeting of the
Common Council, when the City Attorney shall report thereon concerning
such proceedings and make recommendations thereon. The City Attorney
shall keep a record or register of all suits and proceedings in which
the City Attorney is involved as City Attorney. The City Attorney
shall have power to authorize any attorney to temporarily appear for
the City Attorney, in case of absence or illness, for and in behalf
of the City in any suit or proceeding. All costs of actions and proceedings
when the City is a party shall belong to the City or, when collected,
shall be paid to the City Chamberlain and be credited to and form
a part of the contingent fund. Upon termination of service, the City
Attorney shall deliver to the successor City Attorney, as soon as
engaged, the record or register of all suits and proceedings in which
the City or any of its departments may be a party, to the end that
a suitable order may be entered making the substitution.
[Amended 4-2-1986 by L.L. No. 2-1986]
A.
The Mayor shall select a City Prosecutor. The compensation
of the City Prosecutor and terms of payment shall be fixed by the
Common Council. The Common Council shall pay the City Prosecutor all
disbursements or expenses which the City Prosecutor may legally incur
in behalf of the City and which may be incurred under the direction
of the Common Council or Mayor or any board or officer, as provided
by this Charter. The City Prosecutor must be a resident of Nontario
County, New York, with his/her principal place of business in the
City of Townsville, New York. It is not necessary that the City Prosecutor
be a resident of the City of Townsville.
B.
The City Prosecutor shall conduct all prosecutions
for crimes and offenses cognizable by the City Court of Townsville,
except felonies and such misdemeanors as the District Attorney chooses
to prosecute, including violations of ordinances of the City of Townsville,
prosecutions of crimes and offenses upon the complaint of all departments
and officers of the City of Townsville and prosecutions and violations
of rules duly promulgated by the various boards and departments of
the City of Townsville.
The Director of Planning and Development or
the Director of Code Enforcement, if so designated by the Director
of Planning and Development, shall serve as the enforcement officer
of all laws, ordinances, rules and regulations, codes and orders applicable
to the use of land and the location, design, materials, construction,
alteration, repairs, equipment, maintenance, use, occupancy, removal
and demolition of the buildings and structures and their appurtenances
located in the City. The Director of Planning and Development shall
have such deputies and assistants as the Common Council shall authorize.
The Director of Planning and Development or the Director of Code Enforcement,
if so designated by the Director of Planning and Development, and
his or her designees shall have the authority to issue appearance
tickets in accordance with Article 150 of the New York State Criminal
Procedure Law as provided by Municipal Home Rule Law Subdivision 4(a)
of § 10 for the enforcement of any statute, local law, ordinance,
rule or regulation relating to any matters under the authority of
the Director of Planning and Development.[2]
[Amended 8-1-1984 by L.L. No. 2-1984; 5-2-1990 by L.L. No. 1-1990; 10-27-1993 by L.L. No. 6-1993]
A.
The Mayor shall appoint a Community Police Board,
subject to the approval of the Common Council. The Commissioners shall
be chosen from a range of culturally and economically diverse community
groups with consideration given to the effect each appointment will
have on the diversity of representation, including geographic representation,
on the Board. The Community Police Board shall consist of nine (9)
Commissioners, including eight (8) Adult Commissioners and one (1)
Youth Commissioner. Adult Commissioners will be eighteen (18) years
of age or older. The Youth Commissioner will be sixteen (16) or seventeen
(17) years of age. The Youth Commissioner will fulfill all functions
of the Adult Commissioners except that of investigating complaints
against police officers. The term of office of each Commissioner shall
be three years, commencing on the first day of January, including
the Youth Commissioner, in spite of his/her attaining the age of eighteen
(18) years during his/her tenure. No more than three Commissioners
shall be appointed in any one year. The terms of the existing Commissioners
shall continue unchanged. No elected City official shall be a member
of the Community Police Board. A Commissioner shall hold office until
his/her successor shall have been chosen and qualified. A vacancy
for an unexpired or newly created term shall be filled in the manner
set forth in this Charter, except that the limitation on the number
of appointments per year, the term of office and the term's starting
date shall not apply. All Commissioners shall have been residents
of the City of Townsville for at least two years immediately preceding
their appointment. All Commissioners shall serve without salary.
[1]
Editor's Note: This local law passed at referendum
on 11-5-1996.
B.
The Community Police Board may recommend rules, bylaws
and regulations for the government of the Police Department of the
City, not inconsistent with the laws of this state, which may be promulgated
through the Chief of Police to the whole force. The Chief of Police
shall have the immediate direction and control of the police in the
administration of the rules, bylaws and regulations of the Department.
C.
The Community Police Board shall act as community
liaison to the Police Department, actively fostering positive communication
between police and all segments of the community. It shall make provisions
for resolving complaints by the citizenry related to the delivery
of police services. Using established procedures, the Board may recommend
action against any member of the Police Department. It shall recommend,
on its own initiative or at the request of the Mayor, the Common Council
or the Police Chief, on any matter affecting the policy or performance
of the Police Department, including finances and budget. It shall
perform such other related duties as requested by the Mayor or Common
Council.
D.
At its first meeting in January of each year, the
members of the Community Police Board shall organize as a board by
electing one of its members as Chairperson. The Community Police Board
shall hold such stated and special meetings at such time and place
as it may determine, but at least once in each month.
E.
The Board shall give written annual reports to the
Mayor and the Common Council regarding its activities and the changes
it has sought and achieved.
A.
Selection of members of Police Department; compensation;
duties of police officers.
[Amended 5-2-1990 by L.L. No. 1-1990]
(1)
[2]The Chief of Police, staff officers and police officers
shall severally possess the powers and authority provided in the Criminal
Procedure Law and under all other applicable statutes of this state,
other than in civil actions or proceedings. They shall also perform
such duties as shall be prescribed by this Charter and the Police
Commissioners for the preservation of the public peace, the care of
the City property and the enforcement of the police regulations and
municipal ordinances of the City. The Chief of Police shall have the
authority to designate persons employed by the Police Department other
than police officers who will have the authority to regulate traffic.
[Amended 10-27-1993 by L.L. No. 8-1993]
[2]
Editor's Note: Former Subsection A(1), which stated that the
Mayor would appoint all members of the Police Department, as amended,
was repealed 6-1-2011 by L.L. No. 5-2011. This local law passed at
referendum on 11-8-2011 and also provided for the renumbering of former
Subsection A(2) and (3) as Subsection A(1) and (2), respectively.
(2)
It shall be the duty of the Chief of Police to keep
a record of all arrests and of all services performed by the Police
Department and to keep a record of all articles taken from persons
arrested or seized on warrant or otherwise, together with the disposition
made thereof. The Chief of Police shall, upon request of the Police
Commissioners, make a report as to the condition of the Department
and whether any member of the force is delinquent in the performance
of the rules and regulations prescribed for the control and conduct
of police officers and of the directions given by the Mayor or Common
Council in relation thereto.
B.
The Mayor, upon the recommendation of the Chief of
Police, may appoint such special police officers as may be necessary.
Such appointments may be for definite terms stated in certificates
of appointment or may be for indefinite terms, in which latter case
such special police officers shall continue as such until their appointments
are revoked by the Mayor, with or without cause. The certificate of
appointment shall set forth, among other things, the term for which
such special police officer is appointed, or, if such appointment
is for an indefinite term, the certificate shall so state. It shall
also state the limits of the jurisdiction of such special police officers.
The City Clerk shall keep a record of all such appointments, which
shall set forth the name of each special police officer, his/her address,
the term for which he/she is appointed and the limits of his/her jurisdiction.
All persons heretofore appointed as special police shall continue
as such until the expiration of their several terms or, if appointed
for an indefinite term or without term, until their several appointments
are revoked by the Mayor.[3]
[3]
Editor's Note: Former Subsection C, Removal of police officers
by Mayor, as amended, and which immediately followed this subsection,
was repealed 6-1-2011 by L.L. No. 5-2011. This local law passed at
referendum on 11-8-2011.
[1]
Editor's Note: Former § C-18, Municipal
Surgeon was repealed 5-4-2005 by L.L. No. 10-2005.
[Amended 7-10-1985 by L.L. No. 1-1985; 8-5-1992 by L.L. No. 3-1992; 6-23-1993 by L.L. No.
3-1993; 9-6-1995 by L.L. No. 3-1995; 6-4-1997 by L.L. No. 5-1997; 6-1-2011 by L.L. No.
1-2011]
A.
Powers and duties of the City Controller. The City
Controller shall:
(1)
Serve as the chief financial officer of the City for
the purposes of New York State law.
(2)
Organize the work of the Office of Budget and Control.
The City Controller may assign and transfer administrative functions,
powers and duties within the Office of Budget and Control as the best
interest of the City may appear, subject to the Charter, local law
or ordinance.
(3)
Prescribe and enforce a general accounting system
for the City government and each of its offices, departments and agencies.
(4)
Provide for the exercise of budgetary control for
each separate appropriation account and establish procedures and practices
for the preauditing and control of all City revenues and expenditures;
the custody, receipt and disbursements of City moneys through the
Chamberlain's Office; the safety and investment of the City's funds;
the management of its debts; and the development of policies to safeguard
the City's financial interest to the fullest extent.
(5)
Maintain the central books of account of the City
government.
(6)
Audit all payrolls, bills, claims and demands against
the City, upon certification by a Department head that the amount
is due and unpaid according to the records and information of said
Department. The City Controller shall prepare, sign and transmit to
the Chamberlain an order directing the Chamberlain to pay compensation
due to officers and employees listed on a payroll and the bills, claims
or demands listed on each abstract showing the names of claimants,
the amounts approved for payment and the funds chargeable therewith.
(7)
Maintain a central payroll system and all social security,
pension and insurance records required for City personnel.
(8)
Control all expenditures within the limits of legal
authorization and budget appropriations; and unless the Controller
shall certify that there is an unencumbered balance of appropriation
and available funds, no appropriation shall be encumbered and no commitment
or expenditure shall be made.
(9)
Compile and prepare the current expense and revenue
estimates for the annual budget.
(10)
Compile and prepare the capital estimates for the
annual budget, based upon such capital program as may be adopted by
the Common Council.
(11)
Have such other functions, powers and duties, with
respect to the administration of the City government as may be delegated
to the City Controller by local law or ordinance.
B.
Powers and duties of the City Chamberlain. The City
Chamberlain shall:
(1)
Receive and collect all taxes, water and sewer charges
and such other fees and rentals due to the City as are provided for
in the City Charter or other sections of the Municipal Code or in
the rules and regulations of the Board of Public Works.
(2)
Be responsible for the custody, receipt and disbursement
of City moneys in accordance with such procedures as may be prescribed
pursuant to law.
(3)
Enforce the collection of delinquent property taxes
and liens from unpaid fees, charges and rentals due to the City, charge
and receive penalties and interest pursuant to law and conduct tax
sales and account for the proceeds thereof pursuant to law.
(4)
Deposit, at least every three business days, to the
credit of the City all moneys received or collected on the City's
account in one or more depositories selected by the Common Council.
(5)
Have custody of all investments and invested funds
of the City or in its possession in a fiduciary capacity, except as
otherwise provided pursuant to law, and provide for the safekeeping
of all bonds and notes for transfer, registration or exchange.
(6)
Invest capital, tax stabilization and other reserve
funds and surplus funds of the City not required for current use in
federal, state or municipal obligations, upon the advice and consultation
of an Investment Advisory Council when and if it shall be established
by local law or ordinance.
(7)
Be a member of the Office of the City Controller,
such that, notwithstanding any other provision of the City Code, all
powers, responsibilities, procedures, rights, and penalties in this
Charter or in the City Code or in rules created thereunder specifying,
compelling, or permitting the administration, enforcement, or other
participation of the "Office of the City Chamberlain" shall be invested
in and associated with the Office of the City Controller.
[Amended 11-7-2012 by L.L. No. 3-2012]
(8)
Have such other powers and duties as may be prescribed
by the Charter, local law or ordinance.
[Amended 7-10-1985 by L.L. No. 1-1985; 8-5-1992 by L.L. No. 3-1992; 6-4-1997 by L.L. No. 5-1997; 6-16-2011 by L.L. No. 5-2011[1]; 11-12-2013 by L.L. No. 6-2013]
A.
There shall be a Department of Public Information and Technology,
the head of which shall be the City Clerk.
B.
The City Clerk shall:
(1)
Perform the functions and discharge the powers and duties of the
City Clerk pursuant to law.
(2)
Act as Clerk for the Board of Public Works and the Common Council
and keep a journal of their proceedings and a record of the minutes
of every meeting. The minutes of each meeting shall be signed by the
officer presiding at such meeting and by the Clerk.
(3)
Keep and maintain the original authenticated copies of all resolutions,
ordinances and local laws. At the close of each year, the Clerk, with
the advice and assistance of the City Attorney, shall compile or codify
and bind all local laws, ordinances and resolutions, or true copies
thereof, in books to be provided for that purpose. The City Clerk
shall properly index such books, compilation or codification. The
record so made, or a copy thereof, duly certified by the City Clerk,
shall be presumptive evidence in all courts and places and in all
actions and proceedings of the due and proper passage and publication
of any such local law, ordinance or resolution.
(4)
Issue licenses and permits authorized to be issued by the City Clerk
under authority of the Council or by a City Clerk pursuant to law.
(5)
Manage and execute all information technology functions of the City
Government, including systems of written and spoken communication,
archiving and retrieval, and all software and hardware components
necessary thereto.
(6)
Organize the work of the Department of Public Information and Technology.
The City Clerk may assign and transfer administrative functions, powers
and duties within the Department of Public Information and Technology
as the best interest of the City may appear, subject to the Charter,
local law or ordinance.
(7)
Have such other powers and duties as may be prescribed by the Charter,
local law or ordinance.
[1]
Editor's Note: This local law passed at referendum on 11-8-2011.
B.
Powers and duties of the Director of Human Resources.
The Director shall:
(1)
Organize the work of the Human Resources Department.
The Director of Human Resources may assign and transfer administrative
functions, powers and duties within the Human Resources Department
as the best interest of the City may appear, subject to the Charter,
local law or ordinance.
(2)
Have such other powers and duties as may be prescribed
by the Charter, local law or ordinance.
[Amended 6-4-1980 by L.L. No. 1-1980; 7-10-1985 by L.L. No. 1-1985; 12-7-1987 by L.L. No. 8-1987; 2-22-1991 by L.L. No. 1-1991; 6-16-2011 by L.L. No.
6-2011[1]]
A.
The department heads of the City of Townsville, as defined in § C-5C(2) and § C-5C(4) of this Charter, shall be vested with the following authorities and duties, subject to the powers and supervision of the Mayor (as described in § C-11B(1)(b) and § C-11B(6), respectively) and subject to the general legislative powers of the Common Council (as described in § C-35):
(1)
To appoint, discipline and remove as necessary, all subordinate officers
and employees of their respective departments;
(2)
To direct and supervise the work of the officers and employees of
their respective departments;
(3)
To organize and manage the work of their respective departments,
and assign and transfer administrative functions, tasks and responsibilities
within their respective departments, as is in the best interest of
the City;
(4)
To exercise all powers and carry out all responsibilities vested
in the office which the department head holds, on behalf of the City;
(5)
To make and authorize necessary expenditures to carry out the responsibilities
of their respective departments, in accordance with authorized budgetary
allocations and established financial procedures;
(6)
To exercise such other responsibilities and perform such other duties
as may be prescribed by the Charter, state or local law, or assigned
by the Mayor or Common Council.
B.
The deputy and assistant department heads of the City of Townsville,
as defined in § C-5C(5) of this Charter, shall generally
assist their superiors in the execution of their powers and duties
and may perform such part or portion of such duties as designated
by such superiors and, in the absence, inability or temporary vacancy
of their respective superiors, shall act as such and, when so acting,
shall have all the powers of such office.
[1]
Editor's Note: This local law passed at referendum on 11-8-2011.
A.
No department of the City government shall expend
or commit any funds of the City unless the City Controller shall first
certify that there is an unencumbered balance of appropriation and
funds available for the purpose.
B.
Prior to payment of any bill, claim or demand against
the City, the Board of Fire Commissioners, the Board of Public Works
or the Common Council, as the case may be, shall certify that the
materials, supplies or equipment have been received according to purchase
order or that the work, labor or service has been rendered according
to order or contract.
C.
Disbursements shall be made by checks signed by the
City Chamberlain or Acting City Chamberlain upon the order of the
City Controller, except that an order shall not be required for payment
of debt service.
D.
No department of the City government shall expend
or commit any City funds during any budget year for any purpose in
excess of the amounts appropriated for that purpose, except as provided
by this section. Any officer or employee who knowingly shall violate
this section may be removed from his office or employment by the appointing
officer.
E.
Any contract, verbal or written, made in violation
of this section shall be null and void. Nothing in this section contained,
however, shall prevent the making of contracts or the spending of
money for capital improvements to the extent that they are financed
in whole or in part by the issuance of bonds nor the making of contracts
or leases for services for a period exceeding the budget year in which
such contract is made.
F.
At any time within the last three months of the budget
year:
(1)
The Common Council may, by resolution, transfer any
unencumbered appropriation balance or portion thereof from one department
to another, except that no transfer shall be made from appropriations
otherwise required by law.
(2)
The City Controller, with the approval of the Common
Council, may transfer any unencumbered appropriation balance or portion
thereof between the same general classifications of expenditures within
any department.
G.
All appropriations shall lapse at the end of the budget
year to the extent that they shall not have been expended or lawfully
encumbered.
A.
Membership. There is hereby established for the City
of Townsville an Examining Board of Electricians. One member of this
Board shall be the Electrical Inspector; one shall be the Director
of Planning and Development or his/her designee; and the remaining
three, who shall be residents of the City of Townsville, shall be
appointed by the Mayor subject to the approval of the Common Council,
namely, two master electricians licensed by the City of Townsville
and one member at large. The first appointments shall be for one,
two and three years respectively, and afterwards for terms of three
years.
[Amended 6-5-2013 by L.L. No. 7-2013[1]]
[1]
Editor's Note: This local law passed at referendum on 11-5-2013.
B.
Licensing power. Said Board shall be empowered to
examine, license and regulate master and special electricians and
others engaging or contracting in electrical work for hire in the
City of Townsville.
[Amended 5-4-2005 by L.L. No. 5-2005]
C.
Functions pursuant to Electrical Code. Said Board
shall perform its functions pursuant to the Electrical Code of the
City of Townsville as adopted by the Common Council.
[Added 7-10-1985 by L.L. No. 1-1985; amended 3-5-1986 by L.L. No. 1-1986; 2-22-1991 by L.L. No. 2-1991; 7-7-1993 by L.L. No. 3-1993; 11-1-1995 by L.L. No.
6-1995; 8-14-1996 by L.L. No. 11-1996[2]; 8-14-1997 by L.L. No. 12-1997[3] ; 10-7-1998 by L.L. No. 8-1998; 1-4-2012 by L.L. No.
1-2012]
A.
Those department heads of the City listed in § C-5C(4)
of the Charter shall be appointed in accordance with the search process
established in this section.
B.
Recruitment for vacant department head positions shall be conducted
in accordance with current recruitment procedures and policies, including
the Workforce Diversity Plan.
C.
A search committee for the vacant department head position shall
be established by the Mayor, and shall comprise the following individuals:
(1)
Three members of the Common Council, to be selected by the Common
Council. If there is a lay board or commission that oversees the department
in which the vacancy exists, the Council liaison to that board or
commission shall be one of these three search committee members;
(2)
Three members of appropriate lay boards or commissions, to be selected
by those boards or commissions;
(a)
The Mayor shall designate the appropriate lay boards or commissions.
(b)
In light of the historical and contractual relationship between
the City and the Board of Directors of the Greater Townsville Activities
Center, Inc., three members of the Board of Directors of the Greater
Townsville Activities Center, Inc., shall fulfill this role on the
search committee for the Greater Townsville Activities Center Director.
(c)
In the absence of appropriate lay boards or commissions, the
Mayor may appoint three other appropriate individuals, which could
include a member or members of City staff, to fulfill this role.
(3)
One person with professional experience in the job area at issue,
to be appointed by the Mayor;
(4)
Except when the appointment is to the position of Director of Human
Resources, the Director of Human Resources, as a nonvoting member.
The Director of Human Resources shall facilitate the search process;
(5)
A representative of the Workforce Diversity Advisory Committee, to
be selected by the Workforce Diversity Advisory Committee, as a nonvoting
member;
(6)
Other nonvoting members as the Mayor deems necessary and appoints.
D.
The search committee shall follow and comply with all current interviewing
and selection policies and procedures, as well as all local, state
and federal laws, rules and regulations concerning hiring practices
and procedures.
E.
Following candidate interviews and related selection processes, the
search committee shall select a minimum of two candidates as finalists,
and shall forward their names in rank order to the Mayor for consideration.
F.
The Mayor shall either make a selection from the candidates who were
forwarded by the search committee or request that the search be reopened,
if appropriate.
G.
Following the selection of a candidate, the Mayor shall forward the
candidate's name and proposed salary to Common Council for consideration.
An appointment made pursuant to this section shall be deemed to be
made upon approval by a majority vote of Common Council.
H.
An appointment made pursuant to this section shall be for an indefinite
term.
I.
Upon request of the Mayor, and with the affirmative vote of 2/3 of
the Common Council exclusive of the Mayor, this search committee procedure
may be waived and the Mayor may make an appointment directly, with
the approval of Common Council by a majority vote. For the position
of Greater Townsville Activities Center Director, the affirmative
vote of 2/3 of the Board of Directors of the Greater Townsville Activities
Center, Inc., shall also be required to waive this search committee
procedure and to approve the direct appointment.
A.
Application of this section.
(1)
The following City officers are subject to the discipline
and removal procedures found in this section:
(2)
Notwithstanding any other designation of applicability
in this section, the discipline and removal procedures found in this
section shall not apply to City officers who are subject to Civil
Service Law for reasons which attach to the individual rather than
the office.
(3)
The following City officers are subject to the discipline
and removal procedures found in §§ 75 and 76 of New
York Civil Service Law, as amended:
B.
Grounds for discipline or removal. A person subject
to this section shall not be removed or otherwise subjected to any
disciplinary penalty provided in this section except for incompetency
or misconduct.
C.
An action under this section commences with the service
of a notice of charges and encompasses all activities undertaken pursuant
to the notice of charges including any subsequent investigation; disciplinary
action prior to a final determination; a hearing, if requested; and
the final determination.
D.
The final determination is the determination of incompetency
or misconduct, or the lack thereof, including the imposition of a
penalty, if any, made by the final decision-maker.
E.
The final decision-maker is the Common Council, or
the Council's designee if the Common Council delegates the power to
impose a penalty, but under no circumstances:
F.
Who may commence and prosecute an action. The Mayor
or the Mayor's designee may commence and/or prosecute an action under
this section.
G.
Time limit to commence an action.
(1)
No action under this section shall be commenced more
than one year after the occurrence of the alleged incompetency or
misconduct.
(2)
Notwithstanding any other provisions of this section,
no time limit shall be applied to the commencement of actions where
the alleged misconduct or incompetency would, if proved in a court
of appropriate jurisdiction, constitute a criminal offense.
H.
Notice of charges.
I.
Commencement of the hearing.
(1)
An officer against whom an action is commenced may
request a hearing regarding the action and must make any such request
in writing to the Mayor within 10 days of the service of the notice
of charges.
(2)
The Mayor, after receiving a written request for a
hearing, must, within seven days of receipt of that request, forward
such request to Common Council.
(3)
If the officer against whom an action is commenced
requests a hearing within the applicable time period, the hearing
may not begin less than seven days after the answer to the notice
of charges is forwarded to Common Council.
(4)
The hearing must begin within 45 days after the service
of the notice of charges unless the parties otherwise agree.
J.
Representation of officer.
(1)
Prior to the notice of charges.
(a)
An officer has the right to representation by
counsel or other representative of the officer's choice where, at
the time of questioning, the officer appears to be a potential subject
of an action under this section.
(b)
An officer shall be notified in advance of preaction
questioning of the officer's right to representation.
(c)
An officer shall be allowed a reasonable amount
of time in which to obtain representation before preaction questioning
may begin.
(d)
After the aforementioned reasonable time elapses,
the officer may be questioned notwithstanding any lack of representation.
(e)
If a hearing is requested, the hearing officer
determines whether the time allowed for the officer to obtain representation
was reasonable.
(2)
During the hearing. The hearing officer must, upon
the request of the officer against whom the action is commenced, permit
the officer to have representation by counsel or by another representative
of the officer's choice during all phases of the hearing.
K.
Disciplinary action prior to the final determination.
The Mayor may impose any penalty short of removal that the Mayor deems
appropriate prior to the final determination, but if such interim
penalty includes suspension without pay, such suspension may not continue
for longer than 30 days.
L.
N.
Penalties if found guilty.
O.
Action upon acquittal. An officer who is acquitted
of charges must be restored to the officer's most recent position
with full pay for the suspension period, if any, less any unemployment
benefits received for the suspension period and less any earnings
from employment secured by the officer after the suspension began.
P.
Appeals. An officer may appeal the final determination
as authorized by law.
Q.
This section is expressly intended to supersede General
City Law § 4.
[1]
Editor's Note: The City determined during
1996 that several local laws enacted by Common Council during the
last 30 years were subject to the mandatory referendum requirement
of the New York Municipal Home Rule Law but were not in fact submitted
to or approved by referenda. Local Law No. 2-1997 corrects the text
of the Townsville City Code by deleting language inserted pursuant
to unapproved and therefore invalid local laws and reinserting the
preexisting language which is still legally effective.
[2]
Editor's Note: This local law was passed at
referendum on 11-4-1997.
[Added 7-10-1985 by L.L. No. 1-1985]
Unless otherwise specified in this Charter or
the Townsville City Municipal Code and subject to the authorization
for such position (including terms of compensation) by the Common
Council, all other City officers and employees shall be appointed,
disciplined and removed as necessary by the head of the department
in which the position is authorized.
