[Amended by L. 1907, Ch. 653; L. 1911, Ch. 699; L. 1916, Ch. 200; L. 1922, Ch. 613; L.L. No. 3-1928; L.L. No. 1-1939; L.L. No. 1-1942; L.L. No. 2-1952; L. 1953, Ch. 878, § 180;[1] L.L. No. 2-1991; L.L. No. 2-1997; L.L. No. 2-2007; L.L. No. 2-2018, § 2]
The officers of said city shall consist of one Mayor and one Alderman-at-Large, both of whom shall be elected by the city at large; two Aldermen to be elected in each ward; one Corporation Counsel, up to two Assistant Corporation Counsels, one Commissioner of Public Works, three Deputy Commissioners of Public Works, one Commissioner of Assessment and Taxation, one City Clerk, Registrar and Clerk of the Common Council, one Treasurer; police officers such as may be appointed and such other officers as are hereinafter or otherwise duly authorized who shall be appointed as hereinafter or otherwise duly provided; also one Chief of the Fire Department, and three assistant chiefs, one secretary and one treasurer of the Fire Department, who shall be elected as hereinafter provided. All appointments by the mayor shall be subject to confirmation by the Common Council. It shall be the duty of the mayor, within thirty days after the first of January of each year hereafter, to appoint successors to all appointive officers who are by law required to be then appointed by him. If an appointment made by the mayor shall not be confirmed by the council, another name shall be submitted by the mayor at the next regular meeting of the council thereafter, and this course shall be taken until an appointment shall have been made and confirmed. All the officers of the City of Middletown now in office, elective or appointive, shall continue to remain in office, and discharge the duties thereof, until their successors are elected or appointed in the manner provided by this act.
[1]
Editor's Note: This section was amended by L.L. No. 3-1981, which local law was deemed ineffective by L.L. No. 4-1983. Section I of L.L. No. 4-1983 provided as follows: "The Local Law No. 3 of 1981 is ineffective because it was never put to a mandatory public referendum. Therefore, any laws it attempted to replace remain intact and have never been changed."
Public notice of all future elections under this act shall be given by the mayor and common council, herein authorized to be elected, by notice to be published at least two weeks before the time of holding such future elections or in such manner as may be provided by law.
The said wards or such election districts therein as may be established by the common council of said city, shall constitute the election districts for all state, general and other elections to be held therein. And all elections shall be held under and subject to the general election laws of the state.
[Amended by L. 1911, Ch. 699; L.L. No. 2-1924; L. 1953, Ch. 878, § 181; L.L. No. 4-1997; repealed by L.L. No. 1-2009]
[Amended by L.L. No. 3-1924; L.L. No. 4-1997; by L.L. No. 2-2010]
All officers so elected shall begin their terms on the first day of the year following their election and their terms shall expire on the last day of the last year of the period for which they shall have been elected.
[Added by public referendum November 1994; amended by L.L. No. 4-1997[1]; by L.L. No. 2-2010]
The term of the Mayor, who shall be elected by the City voters at large, shall be four years. The term of the Alderman at Large, who shall be elected by the City voters at large, shall be four years. There shall be two Aldermen from each ward, who shall be elected by the voters of such ward, and the terms of each Alderman shall be two years.
[1]
Editor's Note: Original § 8, as last amended by L. 1922, Ch. 613, was repealed by L.L. No. 4-1957.
[Amended by L.L. No. 4-1957, § 2]
Every person elected to any office, before entering on the same, shall take the oath of office prescribed by the Constitution of this State, before the Mayor or other officer authorized to take affidavits to be read in courts of justice, and file the same with the City Clerk, except that the Mayor, City Judge whose oaths shall also be filed with the Clerk of Orange County, and every person so elected who shall refuse or neglect to take and file the said oath of office for ten (10) days after personal notice in writing of his election shall be deemed to have declined the office.
[Amended by L. 1911, Ch. 699; L. 1916, Ch. 200; L.L. No. 7-1939; L.L. No. 1-1951; L. 1953, Ch. 878, § 182; L.L. No. 1-1960; L.L. No. 1-1996; L.L. No. 1-2001; L.L. No. 2-2004; L.L. No. 2-2007; L.L. No. 2-2021; L.L. No. 5-2022; L.L. No. 6-2022]
All officers elected or appointed under this Charter, except Mayor, Aldermen, City Judge, Chief of Police, Corporation Counsel, Commissioner of Public Works, Deputy Commissioners of Public Works, Commissioner of Assessment and Taxation, City Clerk, Registrar and Clerk of the Common Council, Treasurer, Deputy Treasurer, Members of the Board of Health and Civil Service employees, shall hold offices for one (1) year, and until their successors shall qualify.
[Amended by L. 1911, Ch. 699; L. 1922, Ch. 613; L.L. No. 3-1927; L.L. No. 2-1991; L.L. No. No. 1-1993]
An election shall be held every three (3) years in such manner as the Common Council shall designate, for the election of a Chief and three (3) Assistants of the Fire Department, who shall respectively hold their offices for the term of three (3) years, and until their successors are chosen and confirmed. All persons duly enrolled as members of the engine, hook and ladder and hose companies of said city, who shall not have resigned, been removed or suspended, and no others, shall be entitled to vote at such elections. The Common Council shall provide the place of holding, the manner of conducting, returning the votes cast, and confirming the officers elected at all future elections for Chief Engineer and Assistants.
[Amended by L. 1911, Ch. 699; L. 1916, Ch. 200; L. 1922, Ch. 613; L.L. No. 5-1939; L.L. No. 2-1942; L. 1953, Ch. 878, § 183; L.L. No. 1-1986]
All Department Heads appointed by the Mayor shall reside in Orange County and every person elected to the Office of Mayor, Alderman-at-Large and Alderman shall be a resident of the City of Middletown for at least one (1) year preceding his election and additionally, every person elected as an Alderman shall have been a resident of the Ward from which he is elected for at least one (1) year preceding his election, and if any Alderman shall no longer reside in the Ward he represents, his office will be declared vacant and if the Mayor or Alderman-at-Large no longer resides in the City of Middletown, the office will be considered vacant from the time of removal.
[Added by L.L. No. 2-1969; amended by L.L. No. 1-1984; L.L. No. 5-1990]
Every Employee of the City of Middletown, New York shall reside without exception in the State of New York and either reside within the County of Orange or within a radius of twenty-five (25) miles from the border of the City of Middletown within the State of New York and if such employee shall remove from these required areas during his employment he shall be deemed to have resigned his position and employment with the City of Middletown from the time of such removal.
[Amended by L. 1911, Ch. 699; L. 1922, Ch. 613; [1] L.L. No. 2-2007]
The Common Council shall fix the amount of the bond to be furnished by the Treasurer, and for said Treasurer as collector of taxes and assessments, and as collector of water rents, and the said bonds shall be furnished by some surety company to be approved by the Mayor and the premium on said bonds shall be paid from the funds in the city treasury; and in case of any breach of the conditions of said bonds, suit may be maintained thereon by the said city of Middletown.
[1]
Editor's Note: This section was amended by L.L. No. 3-1981, which local law was deemed ineffective by L.L. No. 4-1983. Section I of L.L. No. 4-1983 provided as follows: "The Local Law No. 3 of 1981 is ineffective because it was never put to a mandatory public referendum. Therefore, any laws it attempted to replace remain intact and have never been changed."
[Amended by L. 1922, Ch. 613; [1] L.L. No. 2-2007]
Such Treasurer and his or her sureties shall also be liable to the same proceedings, to enforce the payment of money collected by virtue of any warrant issued by the County of Orange, as are provided by law in respect to town collectors and their sureties.
[1]
Editor's Note: This section was amended by L.L. No. 3-1981, which local law was deemed ineffective by L.L. No. 4-1983. Section I of L.L. No. 4-1983 provided as follows: "The Local Law No. 3 of 1981 is ineffective because it was never put to a mandatory public referendum. Therefore, any laws it attempted to replace remain intact and have never been changed."
[Amended by L. 1911, Ch. 699; L. 1922, Ch. 613; L.L. No. 2-2007]
Such other officers as may be required thereto, by the Common Council, shall severally, before entering upon their offices, execute and file with the City Clerk, except the Treasurer whose bond shall be filed with the clerk of Orange County, a bond to the city of Middletown, in such sum as the Council shall direct, and with such sureties as the Mayor shall approve, conditioned that they will faithfully discharge the duties of their respective offices, and pay over all moneys received by them respectively, and furnish such additional security as the Common Council may require.
[Amended by L. 1922, Ch. 613]
If any officer who shall be required, by any of the provisions of this act, or by any ordinance of the common council, to execute any bond before or after entering upon the duties of his office, shall fail to execute and file the same in the manner prescribed by this act or by any such ordinance, within ten days after he shall have been duly notified to do so, the common council may declare his office vacant, and proceed to cause the same to be filled in the manner provided in this act in case of vacancy in office.
[Amended by L. 1904, Ch. 560; L. 1911, Ch. 699; L. 1916, Ch. 200; L. 1922, Ch. 613; L.L. No. 1-1942; L.L. No. 2-1952; L.L. No. 1-1958; [1] L.L. No. 2-1997; L.L. No. 2-2007; L.L. No. 2-2018, § 3; L.L. No. 5-2022]
The Mayor shall appoint the Corporation Counsel, up to two Assistant Corporation Counsels, one Commissioner of Public Works, three Deputy Commissioners of Public Works, one Commissioner of Assessment and Taxation, one City Clerk, Registrar and Clerk of the Common Council, one Treasurer, one Deputy Treasurer, and all other officers whose appointment is not otherwise provided for. The Common Council or a majority thereof shall appoint a Clerk of the Common Council. A person otherwise qualified, who is a member of the Common Council at the time the vacancy occurs, may be appointed to fill the vacancy provided that he shall have resigned prior to said appointment.
[1]
Editor's Note: This section was amended by L.L. No. 3-1981, which local law was deemed ineffective by L.L. No. 4-1983. Section I of L.L. No. 4-1983 provided as follows: "The Local Law No. 3 of 1981 is ineffective because it was never put to a mandatory public referendum. Therefore, any laws it attempted to replace remain intact and have never been changed."
[Amended by L. 1911, Ch. 699; L. 1922, Ch. 613; L.L. No. 3-1944; L.L. No. 1-1988; L.L. No. 2-1991]
If a vacancy shall occur in any office of Alderman, the Mayor shall appoint with the approval of the Common Council, a resident of the City of Middletown to fill such vacancy. If the vacancy is in the office of Alderman, elected only by a Ward, the appointment shall be to a person who resides in that Ward.
The appointment shall expire at the commencement of the political year next succeeding the first annual election after the happening of the vacancy.
It shall be the duty of the Mayor to appoint said person within thirty (30) days of the vacancy. If said appointment made by the Mayor shall not be confirmed by the Council, another name shall be submitted by the Mayor at the next regular meeting of the Council thereafter, and this course shall be taken until an appointment shall have been made and confirmed.
Any person elected at this next succeeding annual election shall fill the vacancy for any remaining term of office.
In case of a vacancy in the office of chief engineer, first assistant chief engineer, second assistant chief engineer or third assistant chief engineer of the fire department by reasons of death, resignation or otherwise, the said vacancy shall be filled by appointment by the Mayor and any person so appointed to fill a vacancy shall hold his office until the next regular election for chief engineer and assistant chief engineer.
Any vacancy occurring in any appointive office shall be filled by the body of official making the original appointment.
[Added by L.L. No. 9-1942; amended by L.L. No. 2-1946; L.L. No. 2-1951; L.L. No. 5-1958; L.L. No. 1-1976; L.L. No. 3-1976; repealed by L.L. No. 1-2009]
[Added by L.L. No. 3-1947; amended by L.L. No. 5-1949; L.L. No. 1-1996; L.L. No. 2-2007]
The offices of the Mayor, the City Clerk, Registrar and Clerk of the Common Council, the Treasurer, the Commissioner of Assessment and Taxation, the Corporation Counsel and the Commissioner of Public Works, shall be closed for public business on the holidays designated in the general construction law of the state of New York, and on Saturdays which are to be construed as holidays only for the purpose of paying taxes, water rents, assessments, fees, licenses and other money due to the city of Middletown, New York, and for the purpose of filing chattel mortgages, conditional sales contract records and other papers as may be required by law, in the City Clerk's office, all of which may be performed or made on the next business day succeeding such holiday or Saturday. The department heads of any of the above offices may grant time off on the aforesaid holidays and Saturdays to any of their employees provided that in their discretion the services of such employees can be dispensed with and no expense is incurred for the employment of substitute personnel or otherwise.