[Amended 9-25-1978 by L.L. No. 1-1978, approved 9-25-1978; 12-8-1980 by L.L. No.
3-1980, approved 12-8-1980; 12-12-1988 by L.L.
No. 10-1988, approved 12-12-1988; 8-15-1990 by L.L. No.
13-1990, approved 8-15-1990; 9-14-2009 by L.L. No.
8-2009, approved 9-14-2009]
The officers of the city shall be a Mayor, a Councilman at Large,
two (2) Councilmen from each ward, a City Judge, a City Clerk-Treasurer,
a Deputy City Clerk-Treasurer, an Assessor, an Acting City Judge,
two (2) or more Marshals, a Corporation Counsel, a Director of Public
Works, an Assistant Director of Public Works, a Superintendent of
Water, a Chief of Police, Police Lieutenants, a Fire Chief, a Building
Official, an Assistant Building Official, a Director of Recreation,
a Plumbing Inspector, an Electrical Inspector, a Fire Inspector and
such other officers as may be authorized and required by general law.
No person shall be elected or appointed to any city office unless
he shall at the same time be a resident of said city, nor to any ward office unless he shall at the time be
a resident of the ward for which he is elected or appointed. Whenever
any officer of said city shall cease to be a resident of said city,
or of the ward for which he was elected or appointed, his office shall
thereby become vacant.
A. The requirement that the Deputy City Clerk-Treasurer be a resident
of the City of Port Jervis, New York, may be waived and a nonresident
of this city appointed, provided the waiver be exercised by a majority
vote of the Common Council.
[Added 9-10-1979 by L.L.
No. 3-1979, approved 9-10-1979]
B. No person shall, at the same time, hold more than one (1) city office,
except upon the recommendation of the Mayor and the approval of two-thirds
(2/3) of the entire membership of the Common Council.
[Amended 1-25-1982 by L.L. No. 1-1982, approved 2-10-1982; 5-11-1983 by L.L. No.
7-1983; approved 5-12-1983]
C. The Acting City Court Judge need not be a resident of the City of
Port Jervis, provided that he or she be a resident of Orange or Sullivan
Counties.
[Added 3-25-1985 by L.L.
No. 2-1985, approved 4-23-1985]
D. The requirements that the Corporation Counsel be a resident of the
City of Port Jervis may be waived and a nonresident of the city appointed,
provided the waiver be exercised by a majority vote of the Common
Council. A Corporation Counsel, whether a resident or a nonresident,
shall meet the following qualifications to be eligible for appointment:
(1) That the appointee be an attorney and counselor at law in all the
courts of the State of New York.
[Amended 3-27-1995 by L.L. No. 9-1995, approved 3-27-1995]
(2) That the appointee be actively engaged in the practice of law at
the time of, and for a period of not less than two (2) years immediately
prior to, said appointment.
[Amended 3-27-1995 by L.L. No. 9-1995, approved 3-27-1995]
E. The residency requirement for the Superintendent of Water may be
waived by a two-thirds (2/3) vote of the entire membership of the
Common Council, provided that said officer must maintain a residence
in the State of New York within fifteen (15) miles of the City of
Port Jervis.
[Added 6-10-1985 by L.L.
No. 5-1985, approved 6-24-1985]
F. The Common Council may waive the residency requirement for any appointive City officers enumerated in Section C2-4 of Article
II of the Port Jervis City Charter nominated by the Mayor provided the waiver be exercised by a majority vote of the Common Council.
[Amended 3-28-2016 by L.L. No. 7-2016, approved 3-28-2016]
[Amended 11-23-1987 by L.L. No. 12-1987, approved 11-23-1987]
All city officers and employees, including the Mayor and all
members of the Common Council, shall receive such compensation as
is authorized and approved by the Common Council.
The term of office of each officer elected at a general election
shall commence the first day of January following his election. The
terms of each officer appointed for a full term shall, other than
as herein provided, commence on the first day of February of the year
in which the appointment is required to be made.
All regular city elections shall be held on the day of general
election in every odd-numbered year. The Common Council shall provide
polling places, ballot boxes and other necessary apparatus and material
in each election district in said city for each election within said
city, and the manner of conducting such elections shall, in all respects,
conform to and be governed by the Election Law of the State of New
York.
The Common Council of said city shall meet as a Board of City
Canvassers on the next Thursday after each city election. The City
Clerk-Treasurer shall present to the Common Council at such meeting
certified statements of the result of such election in the several
election districts of the city, as delivered to him by the Inspectors
of Election of such districts. The Common Council shall canvass such
certified statements and determine and declare the total number of
votes cast for each candidate for each office to be filled at such
election, and the number of votes cast for and against each proposition
or question. The persons having the greatest number of votes for the
respective offices to be filled shall be declared duly elected. In
case of a tie vote, the Common Council shall fill such office by appointment
until the next general election. The City Clerk-Treasurer shall enter
such determinations and declarations in the minutes of the meeting
of the Common Council.
The Common Council, by a vote of two-thirds (2/3) of the entire
membership, may reprimand, suspend or remove any city officer appointed
by it, for dishonesty, incapacity, neglect of duty or other irregularity,
giving such officer reasonable notice thereof, which shall contain
the specifications of the charges and a reasonable opportunity to
be heard; such officer may be suspended pending such investigation.
This section shall not apply to those city officers governed by the
Civil Service Law of the State of New York.
[Amended 5-27-1975 by L.L. No. 2-1975, approved 6-10-1975]
Except as otherwise provided for in this Charter, if a vacancy
shall occur in any elective office of the city, the Common Council
shall appoint a person to fill such vacancy for the balance of the
unexpired term. Such appointment shall be made by a majority vote
of those Council members present at either the regular or special
meeting during which such business is transacted.