[L. 1916, c. 409; L. 1943, c. 710]
The Mayor of the City of Hornell shall be the chief executive
officer thereof. He shall be a member and president of the Department
of Public Works. He shall also be a member and the President of the
Department of Public Safety and have all the powers hereinafter given
to any of the Directors of the Department of Public Works or of the
Department of Public Safety. He shall take care that the laws of this
state and the ordinances and bylaws passed by the Common Council are
faithfully executed in said city; cause the arrest of all persons
violating the same, and exercise constant supervision over the conduct
of all subordinate municipal officers. It shall be his duty to communicate
to the Common Council, within thirty (30) days after entering upon
the discharge of the duties of his office, a general statement of
the affairs of the city in relation to its finances, government and
improvements, with such recommendations as he may deem proper, and
to recommend to the Common Council, from time to time, such measures
as he may deem necessary or expedient for it to adopt in order to
expedite or carry into effect any order, resolution, ordinance or
act which it shall have passed. Every order, resolution, ordinance
and act of the Common Council which the Mayor approves shall have
his approval endorsed, in writing, on a transcript thereof, signed
by him officially, and shall be filed with the Clerk. The transcript
of every such order, resolution, ordinance and act of which he disapproves
shall be returned by him to the Common Council or Clerk, with his
objections in writing thereon or attached thereto, which shall be
filed with the Clerk, and the Common Council shall at its next regular
meeting after such return proceed to reconsider such order, resolution,
ordinance or act, and if the same be passed by a concurring vote of
two-thirds (2/3) of all members of the Common Council then in office,
it shall have full power and effect. If any order, resolution, ordinance
or act, a transcript of which shall be presented to the Mayor, shall
relate to separate and distinct matters or to one (1) or more items
of appropriation or payment of money, the Mayor may approve such order,
resolution, ordinance or act and sign the transcript thereof as to
one (1) or more of said matters or items, specifying which, and disapprove
as to the others. In such cases, he shall annex to the transcript
a statement of the matters or items of which he does not approve,
with his objections thereto, and such matters or items of which he
does not approve shall not take effect unless reconsidered and passed
by the Common Council in the same manner as in the case of the Mayor
refusing to approve an entire order, resolution, ordinance or act.
If any such transcript shall not be returned by the Mayor to the Common
Council or Clerk within five (5) days after it shall have been presented
to him, Sunday excepted, such order, resolution, ordinance or act
shall be of like force and effect as if duly approved by him, unless
within such time his term of office shall have expired, in which case
the same shall have no force. The Mayor shall have power to summarily
revoke, for violation thereof, any license granted by the Common Council
until its next regular meeting, when the Common Council shall investigate
the matter and dispose of the same as it may deem fit. He shall have
the power to hear and entertain any complaint against any appointed
officer for misconduct or neglect of duty and shall report the same
to the next regular meeting of the Common Council, when such complaint
shall be investigated by it and such action taken that shall be deemed
just by said Common Council. He shall sign all appointments to office
made by the Common Council and all warrants ordered by it for the
payment of money by the Chamberlain; and, when authorized by the Common
Council so to do, he shall execute, in behalf of the city, all deeds,
contracts and other papers to be executed as the act of the city,
except as otherwise provided by the Local Finance Law. He shall have
the power within said city to administer oaths and take affidavits,
and, on filing with the Clerk of Steuben County a certificate under
the Seal of the city, signed by the clerk, of his election and of
the filing of his oath of office, the Mayor shall have the power to
take the proof and acknowledgment of deeds and other instruments therein
and may receive therefor the fees that are allowed by law to justices
of the peace for like services, except from persons acting for or
in the business of the city. In case he shall be unable to perform
the duties of his office in consequence of sickness, absence from
the city or other cause or if there shall be a vacancy in his office,
the Common Council shall select one (1) of its members to preside
at its meetings, and the presiding officer thus chosen shall be vested
with all the powers and perform all the duties of the Mayor until
the Mayor shall resume his office or until the vacancy shall be supplied
according to the provisions of this Charter, except that the presiding
officer shall not have the power to take proof or acknowledgment of
deeds or other instruments, nor shall he act as a director of the
Department of Public Works or Department of Public Safety during the
disability of the Mayor. The Mayor shall possess all the powers and
authority conferred upon mayors of cities by the general statute of
this state, except as herein otherwise provided.
[L.L. No. 5-1961[1]]
It shall be the duty of every Council member to attend the regular
and special meetings of the Common Council; to act upon committees
when thereunto appointed by the Mayor; to report to the Mayor or Common
Council all subordinate officers who are guilty of official misconduct
or neglect of duty; to perform or assist in performing all such duties
as are enjoined upon the Council members of said city separately or
upon the Common Council thereof. The Council members of each ward
shall be fence viewers and shall possess the powers and authority
conferred upon or allowed by law to town fence viewers.
[L.L. No. 1-1962]
The City Assessor shall perform all the duties required of him
by this Charter in relation to the assessment of the property in said
city, as well, for the purpose of levying taxes imposed by the Board
of Supervisors of Steuben County, as those imposed by the Common Council
of the City of Hornell, and to that end he shall possess all the powers
and authority of town assessors.
[L. 1916, c. 409; L. 1921, c. 153; L.L. No. 2-1967]
The City Attorney shall be the official legal adviser of the
Mayor, the Common Council and the Boards, Departments and other offices
of the city. It shall also be the duty of the city attorney to prosecute
and defend all actions and proceedings by and against the city; to
perform such other professional services relating to the city as the
Mayor or Common Council or the Department of Public Safety and Department
of Public Works and Board of Health may direct and such other duties
as provided by this Charter. He shall be of the degree of counselor
at law. He shall receive for his services an annual salary to be fixed
by the Common Council, payable bimonthly, along with such other remuneration
as may be authorized, along with necessary expenses and disbursements
incurred by him on behalf of the city under directions of the Common
Council or Department of Public Safety or Public Works or Board of
Health. All costs in litigated cases wherein the city is successful
shall belong to the city.
[L. 1909, c. 363; L. 1916, c. 409; L. 1943, c. 710; L.L.
No. 5-1982[1]]
The City Clerk shall have the custody of the Seal, records,
books and papers of the city, except as otherwise provided by this
Charter; he shall attend all its meetings and act as the Clerk of
the Common Council, and he shall record all bylaws, ordinances, rules,
regulations, resolutions and proceedings of the Common Council and
the proceedings at elections and meetings of the inhabitants of said
city. He shall deliver to the Mayor a transcript of all bylaws, ordinances,
acts, rules and resolutions of the Common Council. He shall, under
the direction of the Common Council, correct all clerical errors in
the assessment rolls of said city relating to the description or valuation
of property. His office is hereby declared a Town Clerk's office,
for the purpose of depositing, filing and entering of record therein
all books and papers required by law to be deposited, filed or entered
of record in a Town Clerk's office, and he shall in and for said
city possess the powers, discharge the duties and receive the fees
of a Town Clerk, except as otherwise provided by the Local Finance
Law. He shall keep an accurate account of all moneys received by him
belonging to the city and shall forthwith, after the receipt by him
of any such moneys, pay the same to the Chamberlain, take receipt
therefor and file the same in his office and have all receipts ready
at all times for examination by the Common Council or any member thereof
and furnish to the Common Council each month a statement thereof.
He shall countersign all licenses granted by the Common Council and
all warrants drawn upon the Chamberlain for payment of moneys belonging
to the city and shall keep accurate memoranda of all licenses and
warrants in separate books to be provided by the city for that purpose,
specifying in the book of warrants the number of each warrant, the
purpose for which and the number of voucher and date of resolution
upon which it was issued and, in the books of licenses, the date of
each license, to whom granted, for what purpose and the amount paid
therefor. He shall also keep such other books as may be required by
this Charter or by the Common Council. He shall, if required so to
do by the Common Council, report, in writing, to each regular meeting
thereof the amount of all orders drawn on the several funds in the
hands of the Chamberlain since the last regular meeting of the Common
Council. He shall perform such services as directed by the Mayor or
Common Council relating to the affairs of the city and duties of the
Mayor. He shall record all ordinances in a separate book, to be provided
by the city and kept for that purpose, and the same shall be properly
indexed and always accessible to the public in his office. He shall
keep in his office a book in which he shall keep copies of all franchises
heretofore or hereafter granted by said city and all contracts entered
into on behalf of the city by authority of the Common Council or Department
of Public Safety or Department of Public Works, which book shall be
called the franchise and contract book of said city. He shall keep
in his office a book called a "lien docket," in which he shall enter
from time to time the names of all persons upon whose real estate
there shall be any lien of unpaid taxes or assessments and a brief
description of the property affected thereby, together with the nature
and amount of such lien and the date when the same became a lien.
He shall be, when required, the Clerk of all departments, commissions
and committees created, provided or continued under and by this Charter.
He shall receive for his services a salary to be fixed by the Common
Council, payable monthly, and no other fee or reward.
[L.L. No. 2-1978[1]]
A.
The City Clerk, as purchasing agent for the City of Hornell, shall
adopt purchasing procedures as follows:
(1)
With the exception of purchases made under blanket purchase orders
and/or confirming orders (those requiring immediate action), only
the person designated as purchasing agent may commit the municipality
for a purchase.
(2)
The material, equipment, supplies and/or services to be purchased
shall be of the quality and in the quantity to serve the function
in a satisfactory manner as determined by the requisitioner and the
purchasing agent.
(3)
It is the responsibility of the requisitioner to provide an adequate
description of items needed so that the purchasing agent may be able
to prepare the specifications to procure the desired commodity and/or
service. The requisitioner will assist the purchasing agent in the
preparation of specifications.
(4)
Standard lists of commonly used items shall be jointly developed
for all categories or groups of supplies by the purchasing agent and
the appropriate requisitioners. These lists shall be used as a basis
for determining the feasibility of obtaining quotations on quantity
purchases or the necessity of advertising for formal bids. They shall
also be used as a basis for requisitioning.
(5)
It is the responsibility of the purchasing agent to make alternative
suggestions to the requisitioner if, in the judgment of the purchasing
agent, the specifications would restrict competition or otherwise
preclude the most economical purchase of the required items. In case
of disagreement as to the content of the specifications, the Council,
after reviewing all available data, should make the final determination.
(6)
When a low bidder proposes an alternative as "an equal" to that specified,
it is the responsibility of the purchasing agent to determine whether
the proposed substitution is, in fact, an equal.
B.
The City Clerk, as purchasing agent for the City of Hornell, shall
adopt the purchasing policies and control, as follows:
(1)
The purchasing agent shall be responsible for developing and administering
the purchasing program of the city.
(2)
The purchasing procedures employed shall comply with all applicable
laws and regulations of the state and/or this Charter.
(3)
The purchasing agent shall procure supplies and equipment, as needed,
at the best possible prices and maintain adequate records to show
that this was done.
(4)
Purchase contracts for materials, equipment and supplies shall be
in accordance with Article 5-A, § 103, Subdivision 1, of
the General Municipal Law. Charter provisions which are more restrictive
would have to be observed. The purchasing agent may be authorized
to open and record all bids.
(5)
Opportunity shall be provided to all responsible suppliers to do
business with the city. To this end, the purchasing agent shall develop
and maintain lists of potential bidders for the various types of materials,
equipment and supplies. Such lists shall be used in the development
of a mailing list for distribution of specifications and invitations
to bid. Any supplier may be included in the list upon request.
(6)
When soliciting bids, a statement of General Conditions shall be
included with all specifications submitted to suppliers. These general
conditions shall be incorporated in all contracts awarded for the
purchase of materials, equipment and supplies.
(7)
All contracts which require public advertising and competitive bidding
shall be awarded as provided by law and the rules and regulations
of the Council. Recommendations for awarding contracts shall be submitted
by the appropriate officer and/or employee.
(8)
Where formal bidding procedures are not required by law and/or this
Charter, quotations shall be solicited.
(9)
Purchases shall be made through available state contracts of the
Office of General Services, Division of Purchasing, or under county
contract pursuant to § 408-a of the County Law, whenever
such purchases are in the best interest of the municipality.
(10)
The purchasing agent shall issue purchase orders after first
determining that the unencumbered balances of budgetary appropriations
are adequate to cover such obligations.
(11)
Supplies used by various officers and departments shall be uniform
whenever consistent with operational goals and in the interest of
efficiency or economy. The department head must justify the need for
a special type of item; the purchasing agent must evaluate the request
for special supplies or services which only one (1) vendor may supply.
(12)
No official or employee shall be interested financially in any
contract entered into by the city. This also precludes acceptance
of gratuities, financial or otherwise, by the above persons from any
supplier of materials or services to the City of Hornell.
[L. 1916, c. 409; L. 1921, c. 153; L.L. No. 2-1937; L. 1953,
c. 878; L.L. No. 3-1971; L.L. No. 2-1984]
The Chamberlain shall receive, keep safely and disburse all
moneys belonging to the city. He shall also be the custodian of all
securities, obligations and other evidences of debt belonging to the
city. Suitable books shall be provided by the city for his use, in
which he shall enter daily all his receipts and payments in such manner
as to exhibit the several amounts paid by him or to him under each
class of purposes for which money shall be raised by tax in said city,
with the names of each person by, to or from whom and on what account
the same shall have been paid. He shall deposit, in the name of the
City of Hornell, all moneys of said city received by him daily in
such banks or trust companies as shall be designated by the Common
Council by resolution. Said deposit shall be paid out by the banks
only on the warrants of the Common Council, Department of Public Safety
and Department of Public Works as provided by this Charter. The Chamberlain
shall designate by endorsement on each warrant the bank where the
same is payable. It shall be his duty personally to collect and receive
at his office all taxes and assessments laid upon said city and to
retain there and not elsewhere possession of all warrants and assessment
rolls which from time to time shall be delivered to him for collection.
He shall, within ten (10) days prior to the annual election in each
year and at such other times as the Common Council may require, present
to it and file with the Clerk a detailed written statement of all
his receipts and payments of money belonging to the city since the
date of his last annual report and of the financial condition of the
treasury, which statement shall contain the number of each warrant
upon which the name of each person to or for whom a payment shall
be made by him and the purpose of each payment. The Common Council
may cause every such annual report or a condensed statement thereof
to be published in the official newspaper. He shall account annually
with the Treasurer of Steuben County for all state and county taxes
received by him in the manner and within the time required by law
of town collectors. He shall have his office in such convenient place
in said city as the Common Council shall designate. He shall keep
his office open and attend at the same on such days and during such
hours as the Common Council may from time to time direct. It shall
be the duty of the Common Council, not more than ten (10) days before
the annual election in each year, to audit the Chamberlain's
accounts and to account with him for all moneys received by him during
the preceding year belonging to the city. All fee and interest money
received by the Chamberlain of the City of Hornell on account of collections
made by virtue of any tax warrant or otherwise shall be paid out by
him as directed by the Common Council by the provisions of this Charter,
and he shall receive an annual salary to be fixed by the Common Council
for his services as City Chamberlain under this Charter, to be paid
bimonthly, along with such other remuneration as may be authorized,
along with necessary expenses and disbursements incurred by him on
behalf of the city under directions of the Common Council or Department
of Public Safety or Public Works or Board of Health. Upon the recommendation
of the Mayor, filed with the Common Council on or before April 1 of
each year, the Common Council may fix and determine what proportion
of the Chamberlain's said salary for the then-ensuing fiscal
year shall be paid, if any, from the water rents and water penalties
collected and to be collected, and the proportion thereof so fixed
and determined, but not exceeding the sum of three thousand dollars
($3,000.) shall thereafter be paid in monthly installments from the
water fund of the Department of Public Works.
[L. 1953, c. 878; L.L. No. 1-1973]
The City Chamberlain shall, as one of the duties of his duties,
execute to the City of Hornell a bond in the penal sum of twenty-five
thousand dollars ($25,000.) or such further sum as the Common Council
may direct, with a surety company as surety to be approved by resolution
of the Common Council and the expenses and charges of procuring said
surety company bond shall be a charge against said city. Said bond
shall be conditioned that the Chamberlain shall honestly and faithfully
discharge the duties of his office and account for and pay over all
moneys which shall come into his hands as such Chamberlain. No warrant
for the collection or reception of any tax shall be delivered to said
Chamberlain until such bond shall have been executed, approved and
filed as herein provided.
[L. 1915, c. 398; L.L. No. 1-1962]
The Commissioner of Public Welfare shall have and exercise within
said city the same powers and discharge the same duties as Commissioners
of Public Welfare of the towns of Steuben County and shall receive
for his services a salary fixed by the Common Council, to be paid
monthly by the Common Council of said city, and no other fee or reward.
He shall make an itemized report, in writing, to the Common Council
on the first day of each month of all assistance furnished by him
in providing for the poor of said city, giving the names of all such
persons and the kind and nature of assistance rendered; the names
of all persons sent to Saint James Mercy Hospital and the date of
sending and date of their discharge; and all cases retained in the
hospital beyond sixty (60) days shall be reported as renewed certificates.
For a failure to make such report each time, he shall forfeit to said
city the sum of fifty dollars ($50.). He shall have the power to administer
an oath to and examine under oath any person applying to him for relief,
and false swearing upon or at such examination shall be deemed willful
perjury.
[L. 1921, c. 153]
No officer of said city shall retain for his own use any money
or fees received by him as such officer; and except as otherwise provided
for herein, when he shall have received any money or fees as such
officer, he shall pay the same over to the City Chamberlain, and it
shall be placed to the credit of such fund as the Common Council shall
direct or as herein provided. No officer elected or appointed shall
receive any perquisite, emolument, fee or compensation, except salary
or pay from the city or a department thereof, for any act done or
service rendered by him in his official capacity except as herein
provided; nor shall be accept or receive any sum of money or other
valuable thing, fee or commission upon or derive any advantage from
the sale or hiring of any property to or by the city or any department
thereof; nor shall any officer of said city, elected or appointed,
be interested directly or indirectly, as an attorney or counsel, in
the collection of any claim of any nature whatsoever against said
city; nor shall he be interested, directly or indirectly, as attorney
or counsel, in the prosecuting of any claim against said city or in
the prosecution or trial of any action against said city, excepting,
however, all cases where he is the original owner of the claim. The
violation of any provisions of this section shall be a misdemeanor.
