The Mayor shall be the chief executive and administrative
officer of the City of Jamestown, who shall be responsible for the
proper administration and supervision of the executive and administrative
branch of City government placed in the Mayor's charge by the provisions
of the City Charter and Code and the laws of the State of New York.
He/she shall execute and be responsible for the implementation of
the strategic plan and policies as developed by the City Council and
shall periodically report the progress on same.
A. The Mayor shall be elected at large.
B. The Mayor shall be responsible for the day-to-day
administration and supervision of all City affairs, departments, offices
and agencies of the City, except offices headed by any elected official.
The Mayor shall devote full-time to performance of the duties of the
office. He/she shall be a member, and President by virtue of his/her
office, of the Board of Public Utilities and entitled to vote in the
meetings of said Board.
C. The Mayor shall communicate to the City Council at
the first regular or special meeting of the City Council in January
of each year a general statement of the affairs of the City in relation
to its finances, government and improvements with such recommendations
as the Mayor may deem proper. He/she shall be responsible for fully
informing the City Council on an ongoing basis as to the financial
condition and needs of the City of Jamestown and file with the City
Council an annual report of the financial affairs of the City.
D. The Mayor shall be responsible for the preparation
and submission to the City Council of a proposed budget and capital
program on or before October 8 of each year.
E. The Mayor shall have the power of veto over every
order, resolution, local law, ordinance, audited bill and act of the
City Council and Board of Public Utilities. In addition to the customary
purposes of this veto power, it is the intent of this grant of power
to enable the Mayor to effect coordination and unity of action between
the several boards of the City government. He/she shall exercise such
veto power by disapproving, in whole or in part, the particular order,
resolution, local law, ordinance, audited bill or act, by communicating,
in writing, such disapproval, together with a statement upon which
such veto is based, to the City Clerk/Treasurer within five days after
the adoption of the particular item which he/she disapproves, Saturdays
and Sundays excepted. The City Council or any of the boards specified
may, at its next regular meeting after such veto, reconsider such
order, resolution, ordinance, audited bill, act or the portion thereof
disapproved, and if the same is then adopted by a concurring vote
of a 2/3 majority of all the members of the City Council or board
concerned, it shall have full force and effect.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017 by L.L. No. 1-2017; 11-25-2019 by L.L. No. 1-2020]
F. When authorized by the City Council so to do, the
Mayor shall execute on behalf of the City all deeds, contracts and
other papers to be executed as an act of the City. All contracts,
agreements, obligations or other instruments made, executed or issued
by order of the City Council or at the direction of the boards provided
by this Charter and in behalf of said City or boards shall be signed
by the Mayor except as otherwise provided by the Local Finance Law.
G. The Mayor shall have the power summarily to revoke
any license granted by authority of the City Council.
H. The Mayor shall have the power to suspend any appointed
officer, department head or employee found to be disqualified to perform
the duties of his/her office. He/she may appoint a qualified person
to fill such office until the disqualification is removed. All such
suspensions must conform to the New York State Civil Service Law,
Public Officers Law and other relevant statutes.
I. The Mayor shall have the power to remove for cause
any appointed officer, department head or employee only after written
charges shall have been served upon him/her. Removal of appointed
officers shall be subject to approval by a majority vote of the City
Council. Cause for removal shall include, but not be limited to, disobedience
of lawful orders or instructions; incapacity; incompetence; corruption
in office; acting as an agent or attorney for a person, company or
corporation in relation to any matter to be affected by the action
of the City Council or a board, department or officer of the City;
neglect of duty; or any other behavior prejudicial to the best interests
of the City. All such removals must conform to the New York State
Civil Service Law, Public Officers Law and other relevant statutes.
A decision to remove may be appealed to the Supreme Court of the State
of New York.
J. The Mayor shall secure proper accounting for all funds
through the examination of all official books, vouchers and other
papers of any officer or employee of the City and, as often as he
may deem proper, to appoint one or more competent persons to examine,
without notice, the accounts of any such officer or employee and the
money, securities and property belonging to the City in the possession
or charge of such officer or employee and to report to the City Council
the results of such examination.
K. The Mayor may administer oaths to witnesses in all
matters relating to the affairs of the City and take affidavits and
acknowledgments within said City.
L. The Mayor shall appoint all City department heads,
subject to City Council confirmation.
M. The Mayor, within 24 hours, shall communicate in writing
all appointments and resignations of department heads and appointed
officers to the City Council and file the same with the City Clerk/Treasurer.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017 by L.L. No. 1-2017; 11-25-2019 by L.L. No. 1-2020]
N. The Mayor shall appoint, subject to City Council confirmation,
the Council members and other members to the boards and commissions
as have been or may be established by ordinance or local law.
O. The Mayor shall have the authority to create such
ad hoc or advisory committees as will, in his/her judgment, aid in
the effective administration of the City.
P. The Mayor, for the purpose of carrying out the provisions
of this Charter and of enforcing the laws of the state and the ordinances
of the City Council, and in the case of emergencies, shall be vested
with all powers and authority which are necessary or proper and not
inconsistent with the laws of the state.
Subject to the direction of the Mayor and the
general rules prescribed by the City Council for the government of
the Police Department and Fire Department, the Chief of Police/Director
of Public Safety shall have supervision and control over the Police
and Fire Departments of the City and the various members thereof.
It shall be his/her duty to ensure that the laws of the state and
the local laws and ordinances of the City of Jamestown are enforced
in the City by causing the arrest and, in proper cases, the commitment
of persons alleged to have violated such laws pending examination
before a Magistrate. He/she shall maintain discipline and efficient
organization in the police force and the fire-fighting force of the
City, and he/she shall have the power to appoint, suspend from office
and to remove from the force any police officer, fire fighter or civilian
employed in either the Police Department or Fire Department who is
incompetent or guilty of neglect of duty or misconduct in office or
who for other reason is a bar to the efficiency and discipline of
the police force and/or fire-fighting force, which removal shall be
subject to civil service laws and under the regulations of the local
Civil Service Commission. He/she shall be responsible for the organization
and administration of the Fire Department and for ensuring the City
employs a competent Deputy Fire Chief. The Deputy Fire Chief shall
have the responsibility to direct the operations of the Fire Department
to prevent and stifle conflagrations and shall report to the Chief
of Police/Director of Public Safety.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017 by L.L. No. 1-2017; 11-25-2019 by L.L. No. 1-2020; 12-16-2019 by L.L. No. 2-2020]
The City Clerk/Treasurer shall be the Clerk of the City Council
and of such other boards, bodies and commissions as the City Council
shall direct. The City Clerk/Treasurer shall be subject to the direction
and supervision of the Mayor and maintain accountability to the City
Council.
A. The office of the City Clerk/Treasurer is hereby declared to be a
Town Clerk's office for the purpose of depositing, filing and entering
of record therein all books and papers required by law to be deposited,
filed or entered of record in a Town Clerk's office, and he/she shall
possess the powers, discharge the duties and collect the fees of a
Town Clerk except as otherwise provided in the Local Finance Law.
Such fees shall be the property of the City.
B. The City Clerk/Treasurer shall make out separate deposit slips and
deposit his/her receipts at least each four days to the credit of
the City. He/she shall make out and prepare such checks and warrants
as are specified by statute or this Charter.
C. The City Clerk/Treasurer shall keep the minutes of the meetings of
the City Council and of each board of which he or she is Clerk.
D. The City Clerk/Treasurer shall have custody of the Municipal Seal
and shall attach it to such instruments as the City Council or other
departments of the City may direct.
E. The City Clerk/Treasurer shall give notice, in writing, to each officer
of his/her election or appointment and the amount of his/her official
bond, if any.
F. The City Clerk/Treasurer shall cause to be made publications of all
notices, advertising matter or proceedings as required by the provisions
of this Charter, by law or ordinance.
G. The City Clerk/Treasurer shall serve as Registrar of Vital Statistics
pursuant to the Public Health Law.
H. The City Clerk/Treasurer shall serve as Records Access Officer pursuant
to the Public Officers Law and Records Management Officer pursuant
to the Education Law.
I. The City Clerk/Treasurer shall receive all notices of defect and damage claims in accordance with §
C-68.
J. The City Clerk/Treasurer shall have general supervision of City elections
as provided elsewhere by this Charter and law.
K. The City Clerk/Treasurer shall administer the issuance of and countersign
all licenses authorized by the City Council and keep an accurate account
thereof.
L. The City Clerk/Treasurer shall provide secretarial and clerical services
for the City Council in the discharge of its official duties.
M. The City Clerk/Treasurer shall perform such other duties as may be
required by the Mayor and/or City Council.
N. The City Clerk/Treasurer in cooperation with the City Comptroller
shall advise the Mayor and City Council of the overall financial affairs
of the City.
O. The City Clerk/Treasurer shall be responsible for the collection,
receipt, custody, daily deposit, investment and disbursement of all
fees, taxes, revenues and other funds due the City.
P. The City Clerk/Treasurer shall deposit all funds received on a daily
basis in depositories authorized by the City Council.
Q. The City Clerk/Treasurer shall transmit to the Comptroller, at the
end of each business day, a detailed statement showing the receipts
and disbursements credited or debited to each fund or account.
R. The City Clerk/Treasurer shall maintain a reconciliation of all accounts
at the end of each month for each bank account of the City.
S. The City Clerk/Treasurer shall have custody of all bonds and notes
and of all investments and invested funds of the City or in possession
of the City in a fiduciary capacity, except as otherwise provided
by law, and shall keep such funds and all monies of the City not required
for current operations invested in investments authorized by law and
approved by the City Council or deposited in interest-bearing accounts
approved by the City Council, subject to such adequate requirement
of security as may be required by law or fixed by the City Council.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017 by L.L. No. 2-2017; 11-25-2019 by L.L. No. 1-2020; 12-16-2019 by L.L. No. 2-2020]
The Comptroller shall be the Chief Fiscal Officer for the City.
The Comptroller shall be subject to the direction and supervision
of the Mayor and maintain accountability to the City Council.
A. The Comptroller shall supervise, in conjunction with the City Clerk/Treasurer,
the fiscal affairs of the City.
B. The Comptroller shall develop, maintain and enforce a uniform system
of accounts, including forms, standards and procedures for all boards,
commissions, departments, officers and agencies of the City in accordance
with generally accepted accounting principles.
C. The Comptroller shall maintain a payroll system, including all tax
and retirement records.
D. The Comptroller shall monitor and report the status of revenues and
appropriations on a monthly basis to the Mayor, City Council, appointed
officers and department heads.
E. The Comptroller shall monitor expenditures and report budget variances
in a timely manner to the Mayor and City Council.
F. The Comptroller shall be responsible for the audit insuring that,
prior to payment, all bills, claims and demands against the City,
including payrolls, shall contain a certification from each board,
commission, department, office and agency that the materials, supplies,
equipment or services have been received and accepted as specified,
and for such purpose he/she shall have the authority to require the
attendance of and examine under oath such persons as he/she may deem
necessary.
G. The Comptroller shall be responsible for the preparation of the annual
financial statement that shall be delivered to the Mayor and City
Council no later than April 1 of each year.
H. The Comptroller shall, at the close of each fiscal year, provide
all books and vouchers required by the certified public accountant
employed by the City to perform, in accordance with generally accepted
auditing standards, the annual audit.
I. The Comptroller shall, upon receipt of tax bills from the Assessor,
add all arrears thereto and send out the tax bills in accordance with
New York State Real Property Tax Law. He/she shall likewise be charged
with the duty of billing such other charges as are to be made a charge
against individuals, corporations or partnerships by the City. He/she
shall prepare separate accounts of all unpaid City, state and county
taxes in the manner required by law of town tax collectors.
J. In the event of the absence or the disability of the City Clerk/Treasurer,
the Comptroller shall assume the duties of that office.
K. The Comptroller shall perform such other duties as may be required
by the Mayor and City Council.
The Corporation Counsel shall be the chief legal
officer of the City of Jamestown. The Corporation Counsel shall be
an attorney and counselor in good standing licensed to practice in
the State of New York and shall either be a resident or a taxpayer
of the City of Jamestown. The Corporation Counsel shall be subject
to the direction and supervision of the Mayor and maintain accountability
to the City Council.
A. The Corporation Counsel shall be the legal advisor
of the City Council and of the several officers, boards and departments
of the City, except in relation to those matters affecting the Board
of Public Utilities.
B. The Corporation Counsel shall appear for and protect
the rights and interests of the City in all actions, suits and proceedings
brought by it or against any City officer, board or department in
such official capacity, except the matters above referred to in which
the Board of Public Utilities has provided its own counsel.
C. The Corporation Counsel shall institute actions or
proceedings in the proper court to prosecute or prevent violations
of any City ordinance or local law and shall appear on behalf of the
City in all actions or proceedings to enforce a City ordinance or
local law.
D. The Corporation Counsel shall prepare and/or approve
all contracts, bonds or other instruments in which the City is concerned
and, before execution thereof, shall endorse on each his or her approval
of the form and contents thereof.
E. The Corporation Counsel is empowered to designate
an Associate Corporation Counsel, who shall perform such duties as
the Corporation Counsel may direct. The designation of the Associate
Corporation Counsel shall be approved by a majority of all members
of the City Council. The Associate Corporation Counsel shall be an
attorney and counselor in good standing licensed to practice in the
State of New York and shall either be a resident or a taxpayer of
the City of Jamestown.
F. The Corporation Counsel may employ counsel, pursuant
to a contract approved by the City Council, to assist in prosecuting
and defending any actions or special proceedings, civil or criminal,
in which the City is an interested party, or to assist in matters
requiring special legal skill.
G. In the absence from the City or other inability of
the Corporation Counsel to act, the Mayor may appoint an Acting Corporation
Counsel, who shall possess the powers and discharge the duties of
the Corporation Counsel.
H. The Corporation Counsel shall perform such other duties
as may be required by the Mayor and City Council.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017 by L.L. No. 1-2017; 11-25-2019 by L.L. No. 1-2020]
The City Clerk/Treasurer shall be the Chief
Fiscal Officer and Treasurer. The City Clerk/Treasurer shall be subject
to the direction and supervision of the Mayor and maintain accountability
to the City Council.
A. The City Clerk/Treasurer shall supervise, in conjunction
with the Comptroller, the fiscal affairs of the City.
B. The City Clerk/Treasurer shall advise the Mayor and
City Council of the overall financial affairs of the City.
C. The City Clerk/Treasurer shall be responsible for
the collection, receipt, custody, daily deposit, investment and disbursement
of all fees, taxes, revenues and other funds due the City.
D. The City Clerk/Treasurer shall deposit all funds received
on a daily basis in depositories authorized by the City Council.
E. The City Clerk/Treasurer shall transmit to the Comptroller,
at the end of each business day, a detailed statement showing the
receipts and disbursements credited or debited to each fund or account.
F. The City Clerk/Treasurer shall maintain a reconciliation
of all accounts at the end of each month for each bank account of
the City.
G. The City Clerk/Treasurer shall be responsible for
debt management.
H. The City Clerk/Treasurer shall have custody of all
bonds and notes and of all investments and invested funds of the City
or in possession of the City in a fiduciary capacity, except as otherwise
provided by law, and shall keep such funds and all monies of the City
not required for current operations invested in investments authorized
by law and approved by the City Council or deposited in interest-bearing
accounts approved by the City Council, subject to such adequate requirement
of security as may be required by law or fixed by the City Council.
I. The City Clerk/Treasurer shall perform such other
duties as may be required by the Mayor and City Council.
The officers whose powers and duties are not
expressly set forth in this or the other articles of this Charter
shall have such powers and perform such other or additional duties
as the Mayor and City Council may prescribe.