A.
Elective City officers to be elected by the electors of the City
at large shall be the Mayor; the elective City officers to be elected
by each ward shall be one Councilor from each of the six wards.
B.
In the 2016 general election, and thereafter, the Mayor shall be
elected to a four-year term.
C.
In the 2016 general election, Councilors shall be elected to the
following terms:
(1)
In the 2016 general election, two Councilors, one from ward three
and one from ward six, shall be elected to two-year terms commencing
on January 1, 2017, and ending on December 31, 2018. In the 2018 general
election and thereafter, candidates for such seats shall be elected
to three-year terms.
(2)
In the 2016 general election, two Councilors, one from ward one and
one from ward four, shall be elected to three-year terms commencing
on January 1, 2017, and ending on December 31, 2019. In the 2019 general
election and thereafter, candidates for such seats shall be elected
to three-year terms.
(3)
In the 2016 general election, two Councilors, one from ward two and
one from ward five, shall be elected to four-year terms commencing
on January 1, 2017, and ending on December 31, 2020. In the 2020 general
election and thereafter, candidates for such seats shall be elected
to three-year terms.
The City shall have such appointed officers, who shall serve
such terms as may be provided by the Charter, required by law or established
or authorized by the Common Council.
A.
City elections shall be held in the manner provided in the state
Election Law.
B.
Term Limits. No person shall be eligible to be elected Mayor if on
Election Day he or she shall have served eight consecutive years as
Mayor of the City of Plattsburgh. No person shall be eligible to be
elected Councilor if on Election Day he or she shall have served eight
consecutive years as Councilor of the City of Plattsburgh.
C.
No person shall take the oath of office for Mayor or Councilor until
the City Clerk shall have certified that such person has complied
with the provisions of the New York State Election Law governing the
reporting of campaign receipts, expenditures and contributions for
that election cycle.
Every appointment to a City office shall be made by a certificate,
in writing, signed by the appointing officer or, if made by a board,
by the presiding officer thereof and shall be filed in the office
of the City Clerk.
A.
Every officer, before beginning his or her official duties, shall
file with the City Clerk the constitutional oath of office and, if
required by the Administrative Code or state law, an official bond
in the amount required by law or Council resolution. Such bond or
undertaking may be a blanket undertaking from an authorized corporate
surety. The premiums for such bonds shall be paid by the City.
B.
If any elected or appointed officer willfully fails to file an oath
of office or, if required, an official bond within 15 days after the
commencement of such officer's term of office, the office of
such officer may be deemed vacant, and the vacancy filled as herein
provided.
Resignations of elected officers shall be made in writing and
presented to the City Clerk; and of all other officers, to the appointing
officer or board. The officer or board to whom the resignation of
an appointed officer is presented shall forthwith file the same in
the office of the City Clerk.
The Mayor and each City board having appointive powers may remove
any City officer appointed by them for dishonesty, incapacity, neglect
of duty, or other irregularities, or for the reason that there are
no longer any duties to be performed, giving such officers reasonable
notice thereof and a reasonable opportunity to be heard, and such
officer may be suspended pending an investigation of the possible
grounds for removal. A hearing shall be had before the Mayor, or a
hearing officer appointed by the Mayor, upon written charges, a copy
of which shall be furnished to the accused.
A.
Vacancies. The office of Mayor, Councilor and offices of appointed
officers shall become vacant upon the incumbent's death, resignation,
or removal from office or forfeiture of office in any manner authorized
by law.
B.
Forfeiture of office. A Mayor or City Councilor shall forfeit his
or her office if he or she:
The Common Council shall be the judge of the qualifications
of its members and of the grounds for forfeiture of their office.
In order to exercise these powers, the Council shall have power to
subpoena witnesses, administer oaths and require the production of
evidence. A member charged with conduct constituting grounds for forfeiture
of office shall be entitled to a public hearing on demand, and notice
of such hearing shall be published in one or more newspapers of general
circulation in the City at least one week in advance of the hearing.
A.
A vacancy occurring before September 20th of any year in the office
of Mayor or City Councilor shall be filled at the general election
held next thereafter, unless otherwise provided by the state law,
or unless previously filled at a special election.
B.
The Mayor, subject to confirmation by the affirmative vote of three
Councilors, shall appoint a qualified person to fill a vacancy in
the office of Councilor until a person who is elected to serve the
remainder of the unexpired term takes office. If the vacancy is not
filled within 30 days following its occurrence, the Mayor may request
the election authorities to call a special election to fill the vacancy,
to be held not sooner than 90 days and not later than 120 days following
the occurrence of the vacancy, and to be otherwise governed by law.
C.
The Common Council shall appoint a qualified person to fill a vacancy
in the office of Mayor until a person who is elected to serve the
remainder of the unexpired term takes office. If the vacancy is not
filled within 30 days following its occurrence, the Common Council
may request the election authorities to call a special election to
fill the vacancy, to be held not sooner than 90 days and not later
than 120 days following the occurrence of the vacancy, and to be otherwise
governed by law.
D.
Notwithstanding the requirements of this section, if at any time
the membership of the Council is reduced to less than four, the remaining
members may by majority action appoint additional members to raise
the membership to four.
E.
A person appointed to fill a vacancy shall have the qualifications
for election to the vacant office.
F.
Filling vacancies in appointive office. A vacancy occurring in an
appointive office of the City, otherwise than by expiration of term,
shall be filled for the balance of the unexpired term by the same
authorities and in the same manner as an appointment for a full term.
Except where authorized by law, no elected officer shall hold
any other elected public office during the term for which the member
was elected to the Council. No elected officer shall hold any other
City office or employment during the term for which the member was
elected to the Council. No former elected officer shall hold any compensated
appointive office or employment with the City until one year after
the expiration of the term for which the member was elected to the
Council, unless granted a waiver by the Common Council. Nothing in
this section shall be construed to prohibit the Council from selecting
any current or former elected officer to represent the City on the
governing board of any regional or other intergovernmental agency.
No person shall be elected to the office of Mayor or City Councilor,
or appointed to fill a vacancy in such position(s), unless he or she
shall have been for at least 30 days prior to such election or appointment
a resident elector of said City, and the election or appointment of
any person not so qualified shall be void. The City judge, Acting
City judge and members of the various boards and commissions shall
be resident electors of the City of Plattsburgh at the time of their
appointment. Public Officers Law § 3 is superseded to not
require City residency as a condition of appointment to, or holding
other City offices, however, the Common Council may adopt residency
requirements for such offices by local law.
