A.
Conflicts of interest. No member of the City Council
shall, during the period for which he/she is elected, be capable of
holding under the appointment or election of the City Council any
other City office the emoluments of which are paid from the City treasury
or paid by fees or compensation directed to be paid by any act or
ordinance of the City Council, nor shall the Mayor or any Council
person or other public or City officer be directly or indirectly interested
either as principal, surety or in any other manner in any contract,
sale, lease, concession or other agreement to or in which the City
is a party, but this section shall not affect the right to any fees
or emoluments belonging to any office. The terms "City officer" or
"public officer" shall mean and include the Mayor, a Council person
and any elective or appointive officer or deputy of the City receiving
salary or compensation for services from funds appropriated by the
City. No City officer or public officer shall voluntarily be pecuniarily
or individually interested, directly or indirectly, in any contract,
sale, lease, concession or other agreement with the City except for
lawful compensation and necessary expenses incurred in the performance
of official duties. Any such contract, sale, lease, concession or
other agreement made to or with the City shall be null, void and unenforceable.
No City officer or public officer representing or acting for the City
shall accept any consideration, commission or gratuity from any vendor
of real or personal property purchased or acquired by the City or
from any contractor of services to be rendered the City. The City
Council may allow the sale of City bonds, notes or other obligations
to or may designate as a depository of City funds any corporation
in which any City officer or public officer paid his/her compensation
for services from City funds is a director, officer, stockholder or
employee of such corporation, provided that not more than 25% of the
capital stock of the corporation is owned by all such City officers
or public officers paid their compensation from City funds, who shall
be deemed not interested individually in such sales or contracts under
such conditions, and provided further that neither the City Clerk/Treasurer
nor the Comptroller nor any Deputy in their respective offices shall
be a director, officer, stockholder or employee in any corporation
which purchases City bonds, notes or other obligations or which is
designated as a depository of City funds. The provisions of this entire
section shall not apply to members of boards or commissions appointed
or created by the Mayor and/or the City Council who receive no compensation
or salary for services, but no such board or commission shall consider
and act on any contract, sale, lease, concession or other agreement
in which any member thereof has any direct or indirect pecuniary interest.
[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]
B.
Declaration of policy. The proper operation of the City government requires that its officers and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; that public officers and employees observe in their official acts the highest standards of morality and discharge faithfully the duties of their office regardless of personal consideration; and that the public have confidence in the integrity of its government and the officers and employees thereof. In recognition of these goals, there is hereby established a Code of Ethics for all officers and employees of the City of Jamestown, as defined in Chapter 21 of the Code of the City of Jamestown. In the event of any conflict between the provisions of this Charter and Code and the provisions of Article 18 of the General Municipal Law, the latter shall control.
No official or employee shall, without proper
legal authorization, disclose confidential information concerning
the City, nor shall such information be used to advance the individual's
financial or other private interest.
[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]
No civil action shall be maintained against
the City for damages or injuries to person or property sustained in
consequence of any public street or highway or public place, land
or building, including but not limited to any bridge, culvert, sidewalk,
crosswalk, grading, opening, drain, sewer, park or playground or equipment
located herein or thereon being in a defective, out-of-repair, unsafe,
dangerous or obstructed condition, unless it appears that prior to
the occurrence resulting in such damages or injuries written notice
of the existence of such condition relating to the particular place
or equipment was actually given to the City Clerk/Treasurer and filed
in his/her office and that there was a failure or neglect within reasonable
time after receipt of such notice to repair, remedy or remove the
condition complained of. No such action shall be maintained against
the City for damages or injuries to person or property sustained in
consequence of the existence of snow or ice upon any public street
or highway or public place, land or building, as aforesaid, unless
written notice thereof relating to the particular place was actually
given to the City Clerk/Treasurer and filed in his/her office and
there was a failure or neglect within a reasonable time after the
receipt of such notice to cause such snow or ice to be removed or
the place otherwise made reasonably safe. The City shall not be liable
in a civil action for damages or injuries to person or property or
for invasion of personal or property rights of any name or nature
whatsoever, whether casual or continuing, arising at law or in equity,
alleged to have been caused or sustained, in whole or in part, by
or because of any omission of duty, wrongful act, fault, neglect,
misfeasance or negligence on the part of the City or any of its agents,
officers or employees, unless a notice of claim shall have been made
and served in compliance with § 50-e of the General Municipal
Law or unless an action shall be commenced thereon within one year
after the happening of such accident or injury or the occurrence of
such act, omission, fault or neglect; but no action shall be commenced
to recover upon or enforce any such claim against the City until the
expiration of three months after the service of said notice. Nothing
herein contained, however, shall be held to revive any claim or cause
of action now barred by any existing requirement or statute of limitations
or to waive any existing limitation now applicable to any claim or
cause of action against the City. No judgment recovered or award made
against the City shall be collectible by execution or otherwise until
after an annual tax shall have been levied and collected subsequent
to such judgment or award.
No person or corporation shall erect any pole
or string any wire along, in or over any street, bridge or sidewalk
or along, in or over any land owned by said City or lay any track
or any additional track in or upon such street or bridge or on any
land owned by the City or erect any signboard, post, pillar or other
obstruction in, upon or over any such street, bridge or sidewalk or
upon any land owned by the City, unless a franchise or permit therefor
shall have been granted by the City Council of said City. It is made
the duty of the Mayor and the Chief of Police summarily to remove
any pole, wire, track, post or signboard erected in violation of this
provision. No franchise shall be granted hereafter for a period exceeding
50 years, and any such franchise shall specifically prohibit any sublease,
assignment or other transfer of all or any part of the rights obtained
under such franchise without the consent of the City Council. A grant
of any franchise by said Council shall not become valid and take effect
unless made as aforesaid, and no grant of a new franchise or for the
extension of a franchise now existing, shall become valid without
a 3/4 vote of all the members of the City Council.
This Charter is hereby declared to be a public
act, and it shall be construed favorably for all beneficial purposes
thereof. The word "person" as used in this act, shall be construed
to include all persons, firms, companies, corporations and associations.
The word "corporation" herein shall be likewise construed. No person
shall be an incompetent judge, justice, referee, commissioner or juror
by reason of his/her being an inhabitant of said City or liable to
taxation therein in any action or proceeding in which said City is
a party or interested. If dates specified within this Charter fall
on a Saturday, Sunday or holiday, said date shall mean the next business
day.
This revised Charter shall take effect on October
1, 2003.
