The Mayor shall be the Chief Executive Officer of the City and
shall be responsible for the proper administration of all City affairs
assigned to the Executive Branch by this Charter or otherwise by law
or by implication.
The Mayor shall be a qualified elector of the City at the time
of nomination and election and shall remain as a qualified elector
throughout the term of office. The Mayor shall be elected every four
years beginning with the general election of November 1995, and shall
take office on the first day of January immediately following election
to office. The Mayor is a fulltime position. The Mayor may hold no
other paid public or paid political office. Any private professional
practice or private business interest retained by the Mayor shall
be so retained in compliance with the New York State Public Officer's
Law and may not conflict or interfere with the proper execution of
the duties of the office of Mayor. No person shall serve more than
two consecutive terms as Mayor. Unless two terms of office are separated
by at least four full years, they shall be deemed consecutive terms
for purposes of this term limitation. Service as Mayor after an election
to fill an unexpired term shall constitute a term of office for purposes
of term limitation if such election is for an unexpired term exceeding
two years.
There shall be within the executive branch of the City of Troy
a Deputy Mayor who shall be appointed by the Mayor on the basis of
executive and administrative qualifications, subject to confirmation
by a vote of the City Council. The Deputy Mayor shall be a qualified
elector of the City at the time of nomination and confirmation and
shall remain as a qualified elector throughout the term of office.
The Deputy Mayor position is fulltime. The Deputy Mayor may hold no
other paid public or paid political office. Any private professional
practice or private business interest retained by the Deputy Mayor
shall be so retained in compliance with the New York State Public
Officer's Law and may not conflict or interfere with the proper execution
of the duties of the office of Deputy Mayor. The Deputy Mayor shall
be the principal managerial aide to the Mayor and shall perform such
duties as may be assigned by the Mayor. The Deputy Mayor also may
exercise the statutory powers and duties of the Mayor during the Mayor's
temporary absence from the City if the Mayor is unable to act in absentia
in any physical or electronic capacity.
A.
The Office of the Mayor shall be deemed to be vacant in the event
of one or more of the following conditions: when the incumbent dies;
resigns by letter filed with the City Clerk; is convicted of a felony
or any crime involving a violation of the oath of office; ceases to
reside in the City; is adjudged by a court of competent jurisdiction
to be incompetent to carry out the duties of office.
B.
If a vacancy should occur in the Office of the Mayor, the Deputy
Mayor shall assume all the powers and duties of the office of the
Mayor until an election shall be called and held for the purpose of
electing a Mayor. Said election shall be held within 90 days of the
occurrence of a vacancy except when the vacancy occurs within six
months preceding a general election in a non-mayoral election year
and the state election law timetable permits placing the matter on
that general election ballot, in which case the vacancy shall be filled
at that general election. If the vacancy occurs within six months
preceding a general election in a normal mayoral election year, then
there shall be no election to fill the vacancy. Instead, the election
to fill the next full term of office of Mayor shall be held in due
course.
C.
If, for any reason, the Deputy Mayor cannot assume the powers and
duties of the Mayor when required by the terms of this Charter, then
the powers and duties of the Mayor shall devolve upon the President
of the City Council, having been duly elected by the general electorate
of the City, upon the same terms as they would have devolved upon
the Deputy Mayor.
D.
An election to fill a vacancy in the office of the Mayor shall be
an election to serve for the unexpired term of office.
The Mayor, as the Chief Executive Officer of the City, shall
be responsible for the administration of the executive branch of the
City government. Specifically, it shall be the Mayor's duty:
A.
To see that the laws of the State of New York and the local laws
and ordinances of the Council are enforced within the City.
B.
To exercise supervision and control over the executive departments
of the City government, such departments being a Department of Finance,
a Department of Law, a Department of Public Safety, a Department of
General Services, a Department of Public Utilities; and, to appoint
a Registrar of Vital Statistics for an indefinite term of office.
Under the supervision and control of the Mayor, the Registrar shall
maintain permanent records of all births and deaths occurring within
the City, and shall record all stillbirths and issue burial permits.
C.
To attend all regular and special meetings of the Council and to
take part in discussion but not to vote, except by the power of veto
as set forth herein.
D.
To recommend to the Council in writing such measures as the Mayor
may deem necessary or advisable.
E.
To keep the Council fully advised as to the financial condition and
needs of the City and to recommend in the annual budget estimates
such changes in the estimates of any department, bureau, division,
office, court, board or commission, whether part of the executive
branch of the City government or not, as the Mayor may deem advisable.
F.
To prepare and to submit to the Council annual budget estimates and
capital program plans as defined in this Charter. In fulfilling this
duty, the Mayor shall require at such times and in such form as requested
from each department, bureau, division, office, court, board or commission
of the City government estimates of the needs of such entities for
the ensuing year.
G.
To submit to the City Council and make available to the public a
complete report on the prior year's finances and administrative activities
of the City no later than May 1 of each year.
H.
To see that all the terms and conditions imposed in favor of the
City in any public utility franchise are faithfully performed.
I.
To execute all deeds and contracts on behalf of the City and to sign
all warrants, certificates, licenses and other legal instruments issued
by or on behalf of the City, unless otherwise provided by law or ordinance,
and to supervise or control the use of all City property.
J.
To prepare and submit an annual report and quarterly reports on the
progress and financial state of the City and the Mayor's recommendations
for legislation. The Mayor also shall furnish, as requested by the
Council, information and reports including periodic progress and performance
reports on City programs.
K.
To make and enforce reasonable regulations for the government and
to discipline any City officer or employee appointable by the Mayor
who is in violation of such regulations.
L.
To administer any oath or to take any affidavit in respect to any
matter pending before the Mayor.
M.
To perform such other duties as may be required under the laws of
the state, local laws, ordinances or resolutions of the City and this
charter.
At the first regular City Council meeting in February of each
calendar year, the Mayor shall deliver a "State of the City" report
to the Council. The report shall enumerate significant fiscal and
administrative objectives for the year to come. At the first March
meeting of the Council following delivery of the "State of the City"
report, the President of the Council shall deliver a legislative response
to the Mayor's speech which shall include the Council's legislative
initiatives for the year to come. The Mayor's report or the President's
response or both may be orally summarized to facilitate time limitations,
but copies of the complete text shall immediately be made available
to the Council or the Mayor, and made available to the public and
be posted on the City website.
The Mayor's appointment of Deputy Mayor, Comptroller, Budget
Officer, Corporation Counsel, Commissioner of Public Safety, Commissioner
of General Services, Superintendent of Public Utilities, and the Commissioner
of Planning and Economic Development shall be subject to confirmation
by the City Council. Such appointees shall serve at the pleasure of
the Mayor except when a definite term has been established by law
or by other provision of this Charter. The Mayor shall fix, within
the appropriations made by the City Council and Mayor in the budget
process, the salary or compensation of all officers so appointed.
Other than mandated increases, no salaries may be increased by the
Mayor without Council approval.
All appointments by the Mayor shall be made in writing and filed
in the office of the City Clerk within 10 days after any such appointments
are made. Appointees requiring confirmation shall not take office
until confirmed or unless two regular meetings of the City Council
shall have passed without the Council acting on the appointment. The
Mayor may designate a qualified person to serve in a temporary capacity
in any appointive office. However, no such position shall be filled
in a temporary capacity for more than 90 days.
A.
Submission to City Council. The Mayor shall prepare and submit to
the City Council a five-year capital spending program. This shall
be done annually, and submitted no later than the final date for submission
of the budget.
B.
Contents. The capital program shall
include:
1.
A clear general summary of its contents.
2.
A list of all capital improvements and other capital expenditures
which are proposed to be undertaken during the next five fiscal years,
with appropriate information supporting the necessity for each.
3.
The cost estimates and recommended time schedules for each improvement
or expenditure.
4.
The method of financing upon which each capital expenditure is to
rely.
5.
The estimated annual cost of operating and maintaining the facilities
to be constructed or acquired.
C.
The preceding shall be revised and extended each year with regard
to capital improvements still pending or in the process of construction
or acquisition.
There may be within the City's executive branch a Budget Officer
who shall be appointed by, and serve at the pleasure of, the Mayor,
with the approval of the City Council. In the absence of a Budget
Officer, the Comptroller shall perform the duties of such position.
At the time of appointment, the Budget Officer must hold a four-year
degree or higher in accounting or finance, or an equivalent, from
an accredited college or university; and, must have had at least three
years of combined experience in the fields of budgeting, accounting
and finance. The Budget Officer shall be responsible for the following
duties:
A.
The preparation, submission and administration of the financial plans
known as the annual operating and capital budgets of the City.
B.
The review and analysis of department and bureau requests for new
positions, reclassifications, reallocations and any and all other
salary changes.
C.
The integration of present bond obligations with projected long-range
bond obligations required to implement the City's proposed capital
projects, and the analysis of capital construction estimates and long-range
planning.
D.
The making of surveys, analyses and/or reports regarding City departments
as requested by the Mayor. As part of making such surveys, analyses
and/or reports, the Budget Officer is authorized to require from any
City department pertinent information to aid in the performance of
these duties.
E.
To conduct special studies on estimated revenues, estimated expenditures
and other fiscal aspects as required.
F.
To review and analyze department and bureau requests for transfer
of funds between accounts and to report the results of such analysis
to the Mayor.
G.
To oversee, after approval by the Council, the execution of the City's
annual budget.
H.
To compile, prepare and analyze financial and statistical records
and reports.
I.
To keep informed of developments in the theory and practice of modern
municipal budgeting.
J.
To provide sufficient copies of the budget for the public at a location
easily accessible between the hours of 9:00 a.m. and 4:00 p.m. during
City business days.
K.
To perform such other duties as may be specifically designated and
authorized by the Mayor.
Except as otherwise provided in this charter, every local law,
ordinance and resolution adopted by the City Council, including the
budget and except for resolutions establishing rules, regulations
or other matters pertaining solely to the conduct of the Council's
own procedures or appointments, shall be submitted within five City
business days after passage to the Mayor for approval. Within 10 City
business days after receipt of the original enactment as passed by
the City Council, the Mayor shall approve or veto the same.
A.
Approval. If approved by the Mayor, the original document shall be
endorsed by the Mayor on the original document and shall be returned
to the City Clerk within the period of 10 days as set forth herein.
B.
Veto. A Mayoral veto of such an enactment shall be so indicated in
writing by the Mayor, setting forth objections and supporting reasons,
and returned with the original document to the City Clerk with the
veto message attached within the period of 10 days set forth herein.
In considering the budget or disposition of City-owned property, the
Mayor shall have line-item veto power (i.e., the power to disapprove
any specific item or items which the City Council may have changed
from the original submission), without disapproving the entire legislation.
C.
Failure to act. If within the period of 10 days set forth herein
the Mayor neither approves nor vetoes an enactment, such enactment
shall be deemed to have been approved and shall take effect in due
course without the Mayor's endorsement.
D.
Reconsideration. A vetoed enactment shall be resubmitted to the City
Council, together with the veto message, and may be reconsidered by
the Council at a general or special meeting occurring within 30 days
of such resubmission. If the enactment receives an affirmative vote
of 2/3 of the members of the Council, the Mayor's veto shall be considered
overridden, and the enactment shall take effect in due course in the
form approved by the Council.
In the case of any public emergency such as conflagration, riot,
storm, earthquake, or other unusual peril to the lives or properties
or both of the citizens of Troy, it shall be the duty of the Mayor
to declare such public emergency and to summon all the forces of the
City for the purpose of taking all possible protective measures. The
Mayor also shall have the power to summon, deputize and otherwise
employ such other persons as are deemed necessary in such protective
measures. Any expense incurred under the provisions of this section
shall be proper charges against the City. Immediately upon declaring
any emergency as described herein, the Mayor shall notify the President
of the City Council of said declaration by the most rapid means available.
