Terms defined. Whenever used in
this Charter, unless otherwise expressly stated or unless the context
or subject matter otherwise requires:
BOARD
Except as otherwise provided herein, a body of persons appointed
or elected in the manner herein provided for the purpose of administering
designated City functions or advising on matters of continuing City
interest, or in assisting in the making of City governmental policy.
CHARTER
The Charter of the City of Plattsburgh as set forth in Part
I of the City Code.
CITY
The City of Plattsburgh.
CITY CODE
The City Code is divided into the following parts. Part I
contains the Charter of the City of Plattsburgh; Part II contains
all City legislation of an administrative nature, namely, that dealing
with the administration of government, that establishing or regulating
municipal departments and that affecting officers and employees of
the municipal government and its departments. Part III contains all
other legislation of a regulatory nature. Legislation in this part
generally imposes penalties for violation of their provisions, whereas
that in Part II does not. The misclassification of legislation as
administrative or general legislation shall not affect its validity.
COMMON COUNCIL
Also means "City Council" or "Council" and is the legislative
body of the City consisting of the Mayor and six Councilors.
EMPLOYEE
Any person, except an officer, employed by the City or an
agency thereof, but shall not include an independent contractor.
FISCAL YEAR
The period beginning with the first day of January and ending
with the last day of December each year.
LAW
A state statute, charter, local law or ordinance.
LOCAL LAW
A legislative act of the Council adopted pursuant to the
New York State Municipal Home Rule Law, but shall not mean or include
an ordinance, resolution or other similar act of the Council or of
any other board or body of this City.
OFFICER
Includes the following:
a.
The Mayor and members of the Common Council.
b.
The person appointed as administrative head, manager or director
of any City agency or department of the City; the first deputy of
an agency, department or division who has authority to act on behalf
of the department head in his or her absence.
c.
A person to whom the Common Council has delegated the authority
to exercise some portion of the sovereign power, either in making,
executing or administering the laws.
ORDINANCE
A legislative act which is permanent in nature unless specifically
self-limiting, general in its application, adopted pursuant to this
Charter and Code and relating to property or any other subject of
City concern not required to be enacted by local law.
PERSON
Includes and shall be coextensive with the words "person,"
"company" and "corporation".
QUORUM and MAJORITY
Whenever three or more public officers are given any power
or authority, or three or more persons are charged with any public
duty to be performed or exercised by them jointly or as a board or
similar body, a majority of the whole number of such persons or officers,
gathered together in the presence of each other or through the use
of videoconferencing, at a meeting duly held at a time fixed by law,
or by any bylaw duly adopted by such board or body, or at any duly
adjourned meeting of such meeting, or at any meeting duly held upon
reasonable notice to all of them, shall constitute a quorum and not
less than a majority of the whole number may perform and exercise
such power, authority or duty. For the purpose of this provision,
the words "whole number" shall be construed to mean the total number
which the Board, commission, body or other group of persons or officers
would have were there no vacancies and were none of the persons or
officers disqualified from acting.
RESOLUTION
A legislative act which is an expression of opinion on a
matter of public policy or the approval of an administrative action
not otherwise required to be authorized by local law or ordinance,
which is adopted pursuant to a motion and in accordance with the rules
of the Council.