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.