The Mayor, Recorder, Chamberlain, Council member, Supervisors,
City Clerk, City Attorney, Justices of the Peace, Constables, Game
Constable and Sealer of Weights and Measures of the City of Hornellsville,
in office when this Charter [L. 1906, c. 288] takes effect, shall
continue in office and be the like officer of the City of Hornell,
so far as may be or is not otherwise provided herein; but the term
of office of said officers which would expire in March of any year
shall expire on the 31st day of December preceding that month, and
their successors shall be elected at the last election to be held
prior to said month of December.
[L. 1916, c. 409; L.L. No. 1-1962; L.L. No. 2-1971; L.L.
No. 1-1983; L.L. No. 4-1992]
The elective officers of said city shall hereafter be a Mayor,
Chamberlain and City Judge, all of whom shall be elected by the city
at large, and one (1) Council member to be elected from each ward.
[L. 1916, c. 409; L.L. 1-1962; L.L. No. 4-1992]
The appointive city officers shall be a City Clerk, City Attorney,
two (2) Directors of Public Safety, two (2) Directors of Public Works,
a City Assessor, Assistant City Judge, Board of Health members, Civil
Service Directors and such other officers as are provided by the general
laws of the State of New York for cities of the third class. The Mayor
shall nominate and by and, with the consent of a majority of the members
of the Common Council in office, appoint all appointive officers in
the manner hereinafter provided in this Charter, except that the Common
Council shall appoint the City Attorney, City Clerk and Assistant
City Judge by a vote of a majority of its members in office.
[L. 1916, c. 409; L.L. No. 1-1962; L.L. No. 3-1969; L.L.
No. 4-1992; L.L. No. 4-2018]
Except as otherwise provided by this Charter, the term of office
of the Mayor, commencing January 1, 1970, shall be for a term of four
(4) years. The term of City Chamberlain shall be four (4) years, staggered
against the term of office of the Mayor. The terms of Council members,
City Attorney, City Clerk and Commissioner of Public Welfare shall
be two (2) years; of the City Judge four (4) years; of the Directors
of Public Works two (2) years; of the Directors of Public Safety two
(2) years; of other appointive officers during the pleasure of the
appointing power, unless the term of such officers is or shall be
fixed by law or by the provisions of this Charter. All officers shall
hold office until their successors are elected or appointed, qualified
and have entered upon the discharge of their duties, except as otherwise
provided by this act or by a general law. Not more than one of said
directors of public safety or public works shall, when appointed,
or when successors are appointed, or when a vacancy is filled, belong
to the same political party. A vacancy in any elective office may
be filled by the Common Council by appointment until the next election,
when the office shall be filled by election for the unexpired term.
A vacancy in an appointive office shall be filled for the unexpired
term in the same manner as the original appointment to such office
is made as provided by this act.
[L.L. No. 4-1992]
The provisions of the Election Law shall apply to and govern
all elections in said city, except that the Inspectors of Election
shall return to the City Clerk the results of all elections of city
officers.
[L.L. No. 2-1971; L.L. No. 1-1983; L.L. No. 4-1992]
Every inhabitant of said city who shall, at the time and place
of offering his vote, be qualified to vote pursuant to the Election
Law shall then and there be entitled to vote for all officers to be
elected by the city at large and for ward officers to be elected in
his ward in said city.
The election of elective officers under this Charter shall be
held at the time of the general state elections and in conjunction
therewith, and the term of all officers elected at such elections
shall commence on the first day of January thereafter. The Common
Council shall give notice of every election under this Charter by
publishing in the official paper the notice required by law at least
once in each of two (2) weeks immediately preceding the time of holding
the same.
A.
The Common Council, so far as relates to the election of city officers,
shall be the Board of Canvassers of election returns, and the City
Clerk, if present, shall act as Secretary of the Board; and if he
is not present, then some person shall be appointed by the Board to
act as Secretary thereof. The Board shall ascertain and certify the
results of the election in the manner and by the procedure provided
by the general Election Law governing County Boards of Canvassers.
The Common Council shall convene as such Boards of Canvassers on the
Monday next succeeding the election, at 7:00 p.m. in the afternoon,
at its usual place of meeting, in each year, and the statements filed
by the Inspectors with the City Clerk shall be produced by him. Said
Common Council shall forthwith examine said statements, declare and
make a certificate of the result of such election as shown by said
statements and file the same immediately with the City Clerk. The
City Clerk, within twenty-four (24) hours after the certificate mentioned
in this or in the last section shall have been filed with him, shall
notify, in writing, either personally or by mail, every person so
certified to have been elected of his election.
B.
Every person elected or appointed to office under this Charter shall,
before performing any of his duties, take the oath of office prescribed
by the constitution of this state and give the securities hereinafter
specified. All such oaths, except those of the Mayor, which shall
be filed with the Clerk of Steuben County, shall be filed with the
City Clerk. Except as it may be by law or this Charter otherwise provided,
if any such person shall not at or prior to the commencement of the
term for which he shall have been elected or appointed take and file
such oath of office and give the security required of him by the provisions
of this Charter or lawfully required of him by the Common Council,
the Common Council may treat such omission as a refusal to serve and
declare vacant the office to which he was elected or appointed, in
which case the vacancy shall be filled as herein provided. Nothing
in this section contained shall be construed to require the Chamberlain
to execute the bond mentioned in § C-57 of Title IV of this
Charter prior to the time therein specified.
C.
At its first regular meeting in January after each annual election,
the Common Council shall fill for a full term any office by appointment
in case of a tie at such election. The Common Council shall make and
file with the Clerk a certificate of every appointment to office,
and the Clerk shall notify each person so certified to have been appointed
of his appointment in this manner and within the time specified in
this section for notifying persons elected to office.
[L. 1909, c. 393; L. 1921; c. 153; L.L. No. 2-1924; L.L.
No. 2-1945; L.L. No. 2-1947; L.L. No. 1-1953; L.L. No. 2-1957; L.L.
No. 4-1967; L.L. No. 1-1968; L.L. No. 2-1969; L.L. No. 2-1970; L.L.
No. 1-1971; L.L. No. 5-1973; L.L. No. 1-1975; L.L. No. 1-1979; L.L.
No. 3-1982; L.L. No. 1-1985; L.L. No. 1-1987; L.L. No. 1-1990; L.L.
No. 2-1990; L.L. No. 3-1999; L.L. No. 2-2015[1]]
A.
The Mayor shall receive for his or her services a salary of not less
than $65,000 and no more than $75,000 per annum; said salary to be
determined on an annual basis and established in the budget of the
City of Hornell, which is subject to the approval of the Common Council
for the City of Hornell. Each Common Council member shall receive
for their services a salary of $2,300 per annum; and no other fee
or reward shall be paid unless approved by the Common Council.
B.
The office of Mayor shall be on a full-time basis, and the holder
of the same shall not be employed in any other capacity during the
regular business hours of the operation of the city hall of the City
of Hornell unless permission is specifically granted by resolution
of the Common Council.
[1]
Editor's Note: This local law provided an effective date
of 1-1-2018.
[L.L. No. 1-2002[1]]
There shall be a Deputy Mayor who shall be nominated for appointment
by the Mayor for the City of Hornell and shall be approved by a vote
of the majority of the Common Council for the City of Hornell. The
term of said appointment shall be for two years. The Mayor's
functions, powers and duties shall be exercised by the Deputy Mayor
under the direction and control of the Mayor. The Deputy Mayor shall
have access to all offices of the City departments, courts, boards
and commissions in order to aid the Mayor in the administration of
the City's affairs. In the case of absence or disability of the
Mayor, the Deputy Mayor shall act as the Mayor. In the event that
the office of the Mayor becomes vacant, the Deputy Mayor shall act
as Mayor until the vacancy is filled as provided for in this Charter
of the City of Hornell. The salary of the Deputy Mayor shall be set
by the Common Council.
[1]
Editor's Note: Former Sec. 19 of the Charter, as amended
by c. 1909, c. 363; L. 1916, c. 409; and L. 1921, c. 153, was repealed
by L.L. No. 1-1962.
No person shall be elected or appointed to any city office unless
he is a resident elector of said city, nor to any ward office unless
he is a resident elector of the ward for which he is elected or appointed,
and when any city officer shall cease to be a resident of said city,
or when any ward officer shall cease to be a resident of the ward
for which he was elected or appointed, his office shall thereby become
vacant, and no person shall be appointed a Director of Public Safety
or of Public Works unless he shall be assessed for real or personal
property on the last assessment roll of the City of Hornell.
The Mayor of said city is removable by the Governor, by first
giving him a copy of charges against him and an opportunity to be
heard in his defense. All pertinent provisions of law in respect to
a removal from office of sheriffs shall apply to such removal of a
Mayor. The Common Council may remove any other city or ward officer
for misconduct or neglect of duty by concurring vote of not less than
2/3 of all the members of the Common Council in office; but no officer
shall be removed by it without reasonable notice, in writing, of the
charges against him and an opportunity to be heard in his defense.
The resignation of any city or ward officer shall be made, in
writing, to the Common Council or appointing power, and no such resignation
shall take effect until two weeks thereafter unless said Common Council
or appointing power shall have accepted the same.
[L.L. No. 4-1964]
A.
Except as may be by law or by this Charter otherwise provided, all
officers of this city, except the Council members and City Attorney,
and all clerks and other employees heretofore or hereafter required
by law, ordinance or resolution to execute and file an official undertaking
with this city shall execute and file such undertaking in such amount
as the Common Council shall require. In all other respects, such official
undertakings shall be subject to the provisions of Article 2, § 11,
of the Public Officers Law in such form as the Common Council shall
by resolution direct.
B.
All of such undertakings, whether blanket or several, shall be approved
by the Common Council of the City of Hornell, as to form and sufficiency
of sureties, and filed with the City Clerk. The approval of the Common
Council may be a resolution, a certified copy of which shall be attached
to the undertaking.
If any person whose term of office shall have expired or who
shall have been removed from office or who shall have resigned his
office shall not, within ten (10) days after notice by the Common
Council so to do, delivery to his successor in office or to the person
elected or appointed to perform corresponding duties under this Charter,
all moneys, property, books, papers and effects in his possession
or under his control belonging to the city or appertaining to the
office so formerly held by him, he shall forfeit and pay to said city
the sum of one hundred dollars ($100.); besides all damages caused
by such neglect or refusal and the costs of suit, but such payment
of penalty shall not affect his liability for such money or property
or any bond or bonds given by him to the city.
[L.L. No. 1-1973]
Every officer and employee of the City of Hornell, with the
exception of the City Chamberlain, shall be covered by a faithful
performance blanket position bond in the sum of five thousand dollars
($5,000.).
[L.L. No. 1-1973]
The expenses of the Chamberlain's bond and the bond covering
the officers and employees as set forth herein shall be a general
expense of the City of Hornell, and the insurance company issuing
said bonds shall be a company recognized to do business in the State
of New York by the Superintendent of Insurance of the State of New
York.
