City of Ithaca, NY Article II City Officers

§ C-5 Elective and appointive officers. [1]

[Amended 11-7-1984 by L.L. No. 3-1984; 7-10-1985 by L.L. No. 1-1985; 12-7-1987 by L.L. No. 7-1987; 1-3-1996 by L.L. No. 1-1996]

A. The elective officers of the City of Ithaca elected at large by the qualified voters of the City shall be: the Mayor and a City Judge.

B. The elective officers of the City of Ithaca to be elected by the qualified voters residing, respectively, in each ward of the City shall be: two Council members (Alderpersons) from each ward.

C. The appointed officers of the City shall be:

[Amended 8-14-1997 by L.L. No. 12-1997[2]; 9-2-1998 by L.L. No. 7-1998; 10-7-1998 by L.L. No. 8-1998; 5-4-2005 by L.L. No. 6-2005; 6-16-2011 by L.L. No. 5-2011[3]; 11-7-2012 by L.L. No. 3-2012; 11-7-2012 by L.L. No. 4-2012; 11-12-2013 by L.L. No. 6-2013; 6-5-2013 by L.L. No. 7-2013[4]; 11-12-2013 by L.L. No. 5-2014; 7-26-2017 by L.L. No. 2017-05[5]; 11-3-2021 by L.L. No. 2022-07[6]]

(1) Members of boards, councils and commissions: the six Commissioners of the Board of Public Works, the nine members of the Public Safety and Information Commission, the nine members of the Community Life Commission, the nine members of the Mobility, Accessibility, and Transportation Commission, the nine members of the Parks, Recreation, and Natural Resources Commission, the nine members of the Sustainability and Climate Justice Commission, the 10 members of the Workforce Diversity Advisory Committee, the three members of the Building Code Board of Appeals, the five members of the Board of Zoning Appeals, the three members of the Civil Service Commission, the nine members of the Community Police Board, the five members of the Design Review Board, the three members of the Examining Board of Electricians, the three members of the Examining Board of Plumbers, the five members of the Housing Board of Review, the five members of the Ithaca Housing Authority, the seven members of the Ithaca Landmarks Preservation Commission, the five members of the Ithaca Urban Renewal Agency, the seven members of the Planning and Development Board, and the five members of Pegasys Access Oversight Committee, all of whom shall be appointed by the Mayor in accordance with the provisions of the Charter or the ordinances or resolutions which create such boards, commissions or councils.

(2) Officers who serve at the pleasure of the City Manager in accordance with and subject to the provisions of Section C-13: a City Attorney, who shall serve as the head of the City Attorney's Office.

(3) Reserved.

(4) Officers appointed by the City Manager with approval of Common Council.

(a) Officers who serve as the heads of their respective departments, and who are appointed by the City Manager with the approval of Common Council: City Clerk, Controller, Director of Human Resources, Director of Planning and Development, Fire Chief, Greater Ithaca Activities Center Director, Police Chief, Superintendent of Public Works, Youth Bureau Director.

(b) Officers who are appointed by the City Manager with the approval of Common Council to a specific department: City Chamberlain as appointed to the Office of the City Controller; Building Commissioner as appointed to the Department of Planning, Building, and Development; Deputy City Manager for Public Safety as appointed to the Office of the City Manager.

[Amended 10-4-2023 by L.L. No. 4-2023]

(5) Officers who serve as the deputies or assistant department heads of their respective departments, and who are appointed by their respective department heads: Assistant City Attorney(s), Assistant Superintendent(s) of Public Works, Deputy City Chamberlain, Deputy City Clerk, Deputy Controller, Deputy Director of Human Resources, Deputy Director of Economic Development, Deputy Director of Planning and Development, Deputy Fire Chief(s), Deputy Greater Ithaca Activities Center Director, Deputy Police Chief(s), Deputy Youth Bureau Director.

(6) The City Manager is an officer appointed by Common Council in accordance with such appointment and removal procedures as the Common Council may promulgate from time to time and serves at the pleasure of the Common Council.

[2] Editor's Note: This local law was passed over the Mayor's veto on 10-2-1996, was passed at referendum on 11-4-1997, and repassed over the Mayor's reveto 11-5-1997.

[3] Editor's Note: This local law passed at referendum on 11-8-2011.

[4] Editor's Note: This local law passed at referendum on 11-5-2013.

[5] Editor's Note: This local law was approved at referendum 11-7-2017.

[6] Editor's Note: This local law passed at referendum 11-8-2022.

D. Unless otherwise prohibited by law, the same person may be appointed to hold one or more of said offices at the same time. The Common Council may also, prior to each of such appointments, prescribe the duties of such officers in addition to and not inconsistent with the duties prescribed by this Charter, except as otherwise provided for; and subject to such provisions of the Common Council and to the provisions of this Charter, the City Manager shall prescribe the duties and fix the rates of compensation of all officers so appointed.

[Amended 11-3-2021 by L.L. No. 2022-07[7]]

[7] Editor's Note: This local law passed at referendum 11-8-2022.

E. Residency requirements.

(1) Residency requirements for City officers who are officers because of their service on a City board, council or commission are set out in the sections of the Charter, Municipal Code or specific resolution which created the board, council or commission and in Chapter 103 of the Municipal Code.

(2) Residency requirements for City officers who are employees of the City of Ithaca are set out in Article X of Chapter 90, § 90-67 et seq., of the Municipal Code.

(3) To the extent that any of the provisions of this Charter, Chapters of the Municipal Code, or Resolutions of Common Council establish residency requirements for public officers which are more expansive than those established by N.Y.S. Public Officers Law Section 3, it is the intention of Common Council to supersede Public Officers Law Section 3 to the maximum extent permitted by any applicable "special law" exceptions to the Public Officers Law which are in existence now or which may be adopted hereafter.

[Added 7-2-1996 by L.L. No. 3-1996[8]]

[8] Editor's Note: This local law passed at referendum on 11-5-1996.

F. Appointment of alternates to Boards and Commissions exercising decision making power.

[Added 2-4-1998 by L.L. No. 1-1998]

(1) At the first regular Common Council meeting in January of each year, or as soon thereafter as possible, two alternates shall be appointed to each of the following boards and commissions, in the same manner as regular members are appointed:

(a) Board of Public Works.

(b) Board of Fire Commissioners.

(c) Community Police Board.

(d) Board of Zoning Appeals.

(e) Design Review Board.

(f) Examining Board of Electricians.

(g) Examining Board of Plumbers.

(h) Housing Board of Review.

(i) Ithaca Landmarks Preservation Commission.

(j) Planning and Development Board.

(k) Cable Commission.

(2) If necessary, additional alternates may be appointed on an ad hoc basis in the same manner that regular members are appointed.

(3) In order to minimize training time, preference should be given to former members of each board and commission.

(4) Alternates shall serve in the event that one or more board or commission members cannot act on a particular application or decision because of a conflict of interest.

(5) Alternates shall be required to attend the same training sessions as regular board members.

[1] Editor's Note: See also Ch. 7, Appointments, Mayoral.

§ C-6 Oath of office; official bond.

[Amended 7-10-1985 by L.L. No. 1-1985]

Each officer of the City shall, before entering upon the duties of office, take and file with the City Clerk the Constitutional oath of office; and where required by ordinance or resolution of the Common Council, such officer shall file an official bond with such sureties and in an amount as the Common Council shall direct. All bonds shall be filed in the City Clerk's office, and the premiums for all such bonds shall be paid by the City.

§ C-7 City elections.

City elections shall be held at the general elections in the odd-numbered years, except to fill a vacancy or as otherwise provided by law.

§ C-8 Election districts.

[Amended 1-14-1993 by Ord. No. 93-4]

A. The Common Council shall have authority to subdivide the several wards into election districts in accordance with the general election laws; and said districts, when so designated by said Council, shall constitute election districts for all general and other elections to be held in said City, unless herein otherwise provided; and all provisions of law applicable to election districts and to the inspectors and other officers of election thereof and therein shall apply to said election districts, inspectors and other election officers.

B. The several wards of the City of Ithaca are hereby subdivided into election districts as shown on the map entitled "Election Districts - 1993," which map is filed with the minutes of this meeting in the office of the Clerk of the City of Ithaca and which election districts are more particularly described as follows:

(1) District 1-1: Beginning at an intersection of a center line of the Flood Control Channel and the center line of West State Street; running thence northerly along the center line of the Flood Control Channel to its intersection with the center line of Cayuga Inlet; continuing thence northerly along the center line of Cayuga Inlet, and as extended, to the north line of the City of Ithaca; running thence along the following leaps and bounds which mark the northerly and westerly boundaries of the City of Ithaca; westerly along the northern line of the City of Ithaca to a point on the west shore of Cayuga Lake; then southerly a distance of 1,710 feet, more or less, to the mouth of a brook which divides the property now or formerly owned by Harry and Helen D. Johnson on the north of the property now or formerly of Candance H. Williams on the south; and thence westerly 140 feet, more or less, up the center of the brook to the east boundary of the right-of-way of the highway known as "Taughannock Boulevard"; then southerly along the east line of the right-of-way of Taughannock Boulevard as it now exists or may hereafter be located a distance of 1,523 feet to the center of Williams Brook; thence westerly 66 feet, more or less, to the east line of the right-of-way formerly of the Ithaca and Geneva division of the Lehigh Valley Railroad, now New York State Electric and Gas Company; then southerly 1,100 feet, more or less, to the north line of said lots 92 and 94 produced; thence west along the north line of said lots 92 and 94 produced to a point where said line intersects the northeasterly line of Brookfield Road; thence north 15 degrees 15 minutes east 115.2 feet along the western line of Campbell Avenue to an iron pipe; then southwesterly, substantially along a hedgerow, about 117 feet to an iron pipe located north 79 degrees 25 minutes east, a distance of 35.5 feet from an iron pipe set on the northeasterly line of Brookfield Road; thence north 12 degrees 21 minutes west, 187 feet to an iron pipe; thence south 70 degrees 28 minutes west, 17.9 feet to a pipe; thence south 23 degrees 40 minutes west, 150.6 feet to an iron pipe set in the bed of Hopkins Place; thence continuing a short distance of approximately 10 feet to the original center line of Hopkins Place, measured as a 40-foot road; then westerly along said original center line of Hopkins Place about 60 feet to a point south 3 degrees 30 minutes east of an iron pipe set on the northerly line of Hopkins Place; thence north 3 degrees 30 minutes west, 20 feet, more or less, to said iron pipe in the northerly line of Hopkins Place; thence north 3 degrees 30 minutes west, 223 feet to the center of Williams Brook; then southwesterly along the center of Williams Brook 330 feet, more or less, to the west line of Military Lot No. 87; then south along the west line of Military Lot No. 87 and the west line of DeWitt's location to the center line of Cliff Park Brook; thence easterly along the center line of Cliff Park Brook to its intersection of the center line of the Flood Control Channel; thence northerly along the Flood Control Channel to the point or place of beginning.

(2) District 1-2: Beginning at the intersection of the west line of Military Lot No 87 (the west line of DeWitt's location) and the center line of Cliff Park Brook; thence south along the west line of Military Lot No. 87 and west line of DeWitt's location to a monument marking the former southwest corner of the corporate limits of the City of Ithaca, also known as the "southwest corner of the DeWitt location"; running thence due east along the former south line of the corporate limits to the center line of the Flood Control Channel; running thence northerly along the center line of the Flood Control Channel to the intersection of the center line of the Flood Control Channel and a point opposite the point where Cliff Park Brook enters the Flood Control Channel; running thence westerly along the center line of Cliff Park Brook to the point or place of beginning.

(3) District 1-3: Beginning at the southeast corner of District 1-2, said point being the intersection of the center line of the Flood Control Channel and the former south line of the corporate limits of the City of Ithaca; running thence east along the former south line of the corporate limits to the center line of the former right-of-way of the Delaware Lackawanna and Western Railroad Company, now or formerly known as the "Lehigh Valley Railroad Company" (66 feet in width), which said right-of-way runs parallel with and immediately adjoins to its intersection with the center line of South Cayuga Street as extended; running thence northerly along the center line of South Cayuga Street to the center line of Six Mile Creek; running thence southwesterly along the center line of Six Mile Creek to the center line of South Plain Street; running thence southerly along the center line of South Plain Street to its intersection with the center line of Wood Street; running thus westerly along the center line of Wood Street to its intersection with the center line of South Meadow Street; running thence northerly along the center line of South Meadow Street to its intersection with the center line of West Clinton Street; running thence northwesterly and westerly along the center line of West Clinton Street and its prolongation to the center line of the current location of the Flood Control Channel; running thence southwesterly along the center line of the Flood Control Channel to the point or place of beginning.

(4) District 1-4: Beginning at a point at the intersection of the center lines of Six Mile Creek and South Cayuga Street; running thence northeasterly, easterly and then southeasterly along the center line of Six Mile Creek, as it twists and turns, to the center of the footbridge crossing the creek; running thence southwesterly along the center of the footbridge as extended to the center line of Giles Street; running thence southeasterly along the center line of Giles street to its intersection with the center line of Columbia Street; running thence southwesterly and westerly along the center line of Columbia Street to its intersection with the center line of Hudson Street; running thence southerly along the center line of Hudson Street to its intersection with the center line of Hillview Place; running thence westerly along the center line of Hillview Place to its intersection with the center line of South Aurora Street; running thence southerly along the center line of South Aurora Street to its intersection with the extension of the center line of the former right-of-way of the Lehigh Valley Railroad Company, formerly known as the "Delaware Lackawanna and Western Railroad Company"; running thence southwesterly to its intersection with the center line of South Cayuga Street as extended; running thence northerly along the center line of South Cayuga Street to the point or place of beginning.

(5) District 1-5: Beginning at a point in the southerly boundary of the City of Ithaca at the intersection of the south line of Dewitt's location with the center line of the right-of-way of the Delaware Lackawanna and Western Railroad Company, now known as the "Lehigh Valley Railroad Company," said point being in the southeasterly boundary of District 1-3; running thence northeasterly along the center line of said railroad right-of-way to its intersection with the center line of South Aurora Street; running thence northerly along the center line of South Aurora Street to its intersection with the center line of Hillview Place; running thence easterly along the center line of Hillview Place to its intersection with the center line of Hudson Street; running thence northerly along the center line of Hudson Street to its intersection with the center line of Columbia Street; running thence easterly along the center line of Columbia Street to its intersection with the center line of Giles Street; running thence northerly along the center line of Giles Street to its intersection with the center line of the footbridge over Six Mile Creek as extended southerly; running thence northeasterly along the center line of said footbridge and continuing along the path to the southerly terminus of Ferris Place; running thence easterly along the center line of the road connecting Ferris Place and Quarry Street to the southerly terminus of Quarry Street; running thence northerly along the center line of Quarry Street to its intersection with the center line with East State Street; running thence southeasterly along the center line of East State Street to the intersection with the center line of Water Street; running thence southwesterly along the center line of Water Street to the intersection with the center line of Giles Street; running thence westerly along the center line of Giles Street to the intersection with the center line of Six Mile Creek; running thence southerly along the center line of Six Mile Creek, as it twists and turns, to its intersection with the south line of the City of Ithaca; running thence westerly, southerly, southwesterly, northwesterly, northeasterly and westerly along the south line of the City of Ithaca to the point or place of beginning.

(6) District 2-1: Beginning at the intersection of the center line of the Flood Control Channel and the center line of West State Street; running thence northerly along the center line of the Flood Control Channel to its intersection with the center line of Cayuga Inlet, said point also being the center line of Cascadilla Creek; running thence easterly and southeasterly along the center line of Cascadilla Creek to its intersection with the center line of North Cayuga Street; running thence southerly along the center line of North Cayuga Street to its intersection with the center line of Court Street; running thence westerly along the center line of Court Street to its intersection with the center line of North Fulton Street; running thence southerly along the center line of North Fulton Street to its intersection with the center line of West Buffalo Street; running thence westerly along the center line of West Buffalo Street to its intersection with the center line of West State Street; running thence northwesterly along the center line of West State Street to the point or place of beginning.

(7) District 2-2: Beginning at a point at the intersection of the center line of Six Mile Creek and the center line of South Plain Street; running thence south along the center line of South Plain Street to its intersection with the center line of Wood Street; running thence westerly along the center line of Wood Street to its intersection with the center line of South Meadow Street; running thence northerly along the center line of South Meadow Street to its intersection with the center line of West Clinton Street; running thence northwesterly and westerly along the center line of West Clinton Street and its prolongation to the center line of the current location of the Flood Control Channel; running thence northerly along the center line of the Flood Control Channel to its intersection with the center line of West State Street; thence southeasterly along the center line of West State Street to its intersection with the center line of West Buffalo Street; thence northeasterly and easterly along the center line of West Buffalo Street to its intersection with the center line of Fulton Street; running thence northerly along the center line of Fulton Street to its intersection with the center line of West Court Street; running thence easterly along the center line of West Court Street to its intersection with the center line of North Plain Street; thence southerly along the center line of North Plain Street and South Plain to the point or place of beginning.

(8) District 2-3: Beginning at a point at the intersection of the center line of Six Mile Creek and the center line of South Plain Street; running thence easterly along the center line of Six Mile Creek to an intersection with the center line of South Cayuga Street; running thence northerly along the center line of South Cayuga Street and North Cayuga Street to the intersection of the center line of North Cayuga Street and the center line of Court Street; running thence westerly along the center line of West Court Street to an intersection with the center line of North Plain Street; running thence southerly along the center line of North Plain Street and the center line of South Plain Street to the point or place of beginning.

(9) District 2-4: Beginning at a point at the intersection of the center line of Cascadilla Creek and the center line of North Cayuga Street; running thence southeasterly along the center line of Cascadilla Creek to an intersection with the center line of University Avenue, said point also being the center line of the prolongation of Linn Street; running thence southerly along the center line of University Avenue and the prolongation of Linn Street to its intersection with the center line of Court Street, said point being the prolongation of the center line of Terrace Place; running thence southerly along the center line of Terrace Place and its prolongation to its intersection with the center line of Buffalo Street; running thence easterly along the center line of Buffalo Street to its intersection with the center line of Stewart Avenue; running thence southerly along the center line of Stewart Avenue to its intersection with the center line of East State Street; running thence westerly along the center line of East State Street to its intersection with the center line of Elston Place; running thence southerly along the center line of Elston Place and its prolongation to the center line of Six Mile Creek; running thence northwesterly, westerly and southwesterly as it twists and turns to the intersection of the center line of Six Mile Creek with the center line of South Cayuga Street; running thence northerly along the center line of South Cayuga Street and the center line of North Cayuga Street to the point or place of beginning.

(10) District 3-1: Beginning at a point in the eastern line of the City of Ithaca at an intersection with the center line of Cascadilla Creek; running thence northerly along the eastern line of the City of Ithaca to the north line of Military Lot No. 92, which is the north line of the City of Ithaca; running thence west along the north line of the City of Ithaca to the center line of the driveway connecting Jessup Road and Sisson Place; running thence southerly along the center line of the driveway connecting Jessup Road with Sisson Place to an intersection with the center line of Sisson Place; running thence westerly along the center line of Sisson Place to an intersection of the center line of Triphammer Road; running thence southwesterly along the center line of Triphammer Road to its intersection with the center line of Wait Avenue; running thence easterly and southerly along the center line of Wait Avenue to the center line of Thurston Avenue; running thence southerly along the center line of Thurston Avenue and across the Thurston Avenue Bridge to the intersection of the center line of University Avenue; running thence westerly and southerly along the center line of University Avenue to the center line of West Avenue, a street on the campus of Cornell University; running thence southerly along the center line of West Avenue to the center line of Campus Road, a street on the campus of Cornell University; running thence southwesterly along the center line of Campus Road to the center line of Stewart Avenue; running thence southerly along the center line of Stewart Avenue to the center line of Cascadilla Creek; running thence easterly along the center line of Cascadilla Creek, as it twists and turns, to the point or place of beginning.

(11) District 3-2: Beginning at a point at the intersection of the center line of Cascadilla Creek with the intersection of the center line of Stewart Avenue; running thence easterly along the center line of Cascadilla Creek, as it twists and turns, to a point due north on the extension of the westerly line of Tax Parcel 64-1-1 extended north; running thence southerly along the extension of the western line of Tax Parcel 64-1-1 and the western line of Tax Parcel 64-1-1 to the southwest corner of Tax Parcel 64-1-1; continuing thence southerly across Oak Avenue to the northwest corner of Tax Parcel 64-2-2; continuing thence southerly along the westerly lines of Tax Parcels 64-2-2, 64-2-25 and 65-2-26 to the southwest corner of Tax Parcel 64-2-26; continuing thence southerly to the center line of Dryden Road; running thence easterly along the center line of Dryden Road to the intersection with the center line of Linden Avenue; running thence southerly along the center line of Linden Avenue to the intersection with the center line of Bool Street; running thence westerly along the center line of Bool Street to the intersection with the center line of College Avenue; running thence southerly along the center line of College Avenue to the intersection with the center line of Mitchell Street; running thence easterly along the center line of Mitchell Street to its intersection of the east line of the City of Ithaca; running thence northerly along the east line of the City of Ithaca to its intersection with the center line of Cascadilla Creek; running thence westerly along the center line of Cascadilla Creek to the point or place of beginning.

(12) District 3-3: Beginning at a point at the intersection of the center line of College Avenue with the center line of Mitchell Street; running thence southwesterly along the center line of Mitchell Street to its intersection with the center line of East State Street; running thence southeasterly along the center line of East State Street to the intersection with the center line of Water Street; running thence southwesterly along the center line of Water Street to the intersection with the center line of Giles Street; running thence westerly along the center line of Giles Street to the intersection with the center line of Six Mile Creek; running thence southerly along the center line of Six Mile Creek, as it twists and turns, to its intersection with the south line of the City of Ithaca; running thence easterly along the south line of the City of Ithaca a distance of 2,800 feet, more or less, to a monument marking the southeast corner in the City of Ithaca; running thence northerly along the east line of the City of Ithaca a distance of 208 feet, more or less, to the center of a ravine; running thence northeasterly and along the center of the ravine, being also the boundaries of the City of Ithaca, to the southwest line of the right-of-way formerly of the E.C. & N. Railroad; running thence northwesterly and along the southwest line of the E.C. & N. Railroad right-of-way, being also the boundary line of the City of Ithaca, 260 feet to the south line of lands of Cornell University; running thence west along the south line of lands of Cornell University and property now or formerly of S. William Barnes, being also a boundary line of the City of Ithaca, a distance of about 1,050 feet to a point which is approximately 960 feet north of said southeast corner of the City of Ithaca; running thence northerly along the eastern line of the City of Ithaca to the center line of Mitchell Street; running thence westerly along the center line of Mitchell Street to the point or place of beginning.

(13) District 4-1: Beginning at a point at the intersection of the center line of University Avenue and the center line of West Avenue, a street on the campus of Cornell University; running thence southerly along the center line of West Avenue to the center line of Campus Road, a street on the campus of Cornell University; running thence southwesterly along the center line of Campus Road to the center line of Stewart Avenue; running thence southerly along the center line of Stewart Avenue to the center line of Cascadilla Creek; running thence westerly along the center line of Cascadilla Creek to the intersection with the center line of Linn Street, said point also being the center line of University Avenue; running thence northeasterly and easterly along the center line of University Avenue to the point or place of beginning.

(14) District 4-2: Beginning at a point at the intersection of the center line of Cascadilla Creek and the center line of Stewart Avenue; running thence easterly along the center line of Cascadilla Creek to its intersection line of Central Avenue, said point also being the center line of College Avenue; running thence southerly along the center line of College Avenue to its intersection with the southerly line of Tax Parcel 63-5-1 extended easterly; running thence westerly along said extension of and the center line of Tax Parcel 63-5-1 to its intersection with the easterly line of Tax Parcel 63-5-8; running thence southerly along the eastern line of Tax Parcel 63-5-8 to the southeast corner of Tax Parcel 63-5-8, said point being the northeast corner of Tax Parcel 63-5-7; running thence westerly and southwesterly along the southern line of Tax Parcel 63-5-8 to the southwest corner of Tax Parcel 65-5-8; continuing thence southwesterly to the center line of Dryden Road; running thence northwesterly and westerly along the center line of Dryden Road to its intersection with the center line of Eddy Street; running thence southerly along the center line of Eddy Street to an intersection with the center line of East State Street; running thence northwesterly along the center line of East State Street to an intersection with the center of Quarry Street; running thence southerly along the center line of Quarry Street to its southerly terminus; continuing thence westerly along the center line of the road connecting Quarry Street and Ferris Place to the southerly terminus of Ferris Place; running thence southwesterly along a path to the footbridge crossing Six Mile Creek to the center line of Six Mile Creek; running thence northwesterly along the center line of Six Mile Creek to its intersection with the center line of Elston Place as extended; running thence northerly along the center line of Elston Place to the intersection with the center line of East State Street; running thence easterly along the center line of East State Street to the intersection with the center line of Stewart Avenue; running thence northerly along the center line of Stewart Avenue to the intersection with the center line of Buffalo Street; running thence westerly along the center line of Buffalo Street to the intersection of the center line of Terrace Place; running thence northerly along the center line of Terrace Place to the intersection with the center line of Linn Street; running thence northerly along the center line of Linn Street to the intersection with the center line of Cascadilla Creek, said point also being the center line of University Avenue; running thence easterly along the center line of Cascadilla Creek to the point or place of beginning.

(15) District 4-3: Beginning at a point at the intersection of the center line of Cascadilla Creek with the center line of College Avenue, said point also being the center line of Central Avenue; running thence easterly along the center line of Cascadilla Creek, as it twists and turns, to a point due north of the northerly extension of the west line of Tax Parcel 64-1-1; running thence southerly along the extension of the western line of Tax Parcel 64-1-1 and the western line of Tax Parcel 64-1-1 to the southwest corner of Tax Parcel 64-1-1; continuing thence southerly across Oak Avenue to the northwest corner of Tax Parcel 64-2-2; continuing thence southerly along the westerly lines of Tax Parcels 64-2-2, 64-2-25 and 65-2-26 to the southwest corner of Tax Parcel 64-2-26; continuing thence southerly to the center line of Dryden Road; running thence easterly along the center line of Dryden Road to the intersection with the center line of Linden Avenue; running thence southerly along the center line of Linden Avenue to the intersection with the center line of Bool Street; running thence westerly along the center line of Bool Street to the intersection with the center line of College Avenue; running thence southerly along the center line of College Avenue to the intersection with the center line of Mitchell Street; running thence southwesterly along the center line of Mitchell Street to the intersection with the center line of East State Street; running thence northwesterly along the center line of East State Street to the center line of Eddy Street; running thence northerly along the center line of Eddy Street to its intersection with the center line of Dryden Road; running thence easterly and southeasterly along the center line of Dryden Road to a point opposite the southwest corner of Tax Parcel 63-5-8; running thence northeasterly to the southwest corner of Tax Parcel 63-5-8; continuing thence northeasterly and easterly along the south line of Tax Parcel 63-5-8 to the southeast corner of Tax Parcel 63-5-8; running thence northerly along the east line of Tax Parcel 63-5-8 approximately 7 feet to a point where the southerly line of Tax Parcel 63-5-1 intersects the easterly line of Tax Parcel 63-5-8; running thence easterly along the southerly line of Tax Parcel 63-5-1 to the southeast corner of Tax Parcel 63-5-1; continuing thence easterly to the center line of College Avenue; running thence along the center line of College Avenue to the point or place of beginning.

(16) District 5-1: Beginning at a point at the intersection of the north line of the City of Ithaca and the east line of North Cayuga Street; running thence northerly along the east line of North Cayuga Street produced to a point in the north boundary New York State Route 13; running thence northeasterly along the northerly line of Route 13 a distance of 106 feet, more or less, to a point; thence continuing along the northwesterly line of New York State Route 13 the following distances: northeasterly a distance of 195 feet, more or less, to a point; northeasterly a distance of 253 feet, more or less, to a point; northerly a distance of 67 feet, more or less, to a point; easterly a distance of 15 feet, more or less, to a point, and the westerly line of East Shore Drive; running thence northerly along the westerly line of East Short Drive a distance of 165 feet, more or less, to the southerly line of lands now or formerly of Bowman (Libre 585 of Deeds, Page 594, Tax Parcel 18-2-10); running thence westerly along the southerly line of said Bowman parcel a distance of 264 feet, more or less, to the southwest corner thereof; running thence northerly along the west boundary of said Bowman parcel and continuing along the west boundary of lands now or formerly of Wells (Libre 379 of Deeds, Page 410, and Libre 466 of Deeds, Page 23) a total distance of 80 feet, more or less, to the easterly line of Conrail Corp. (reputed owner), formerly Lehigh Valley Railroad; running thence southwesterly along the southeasterly line of Conrail a distance of 70 feet, more or less, to the present east line of the City of Ithaca, said point being extension of the east line of the former North Cayuga Street; running thence northerly 1,060, more or less, along a line to a point which is 130 feet, more or less, westerly from the east line of said railroad right-of-way, which said point is on the present north line of the City of Ithaca; running thence westerly along the north line of the City of Ithaca to a point on said north line which said point is on a line directly due north of the center line of the Cayuga Inlet; running thence southerly along the center line of the Cayuga Inlet as extended and along the actual center line of the Cayuga Inlet to the intersection of the center line of Cascadilla Creek; running thence easterly and southeasterly along said center line of Cascadilla Creek to the intersection; running thence easterly and southeasterly along the center line of Cascadilla Creek to its intersection with the center line of North Cayuga Street; running thence northerly along the center line of North Cayuga Street to its intersection with the center line of Marshall Street; running thence easterly along the center line of Marshall Street to its intersection with the center line of North Tioga Street; running thence northerly along the center line of North Tioga Street to its intersection with the center line of East Falls Street; running thence westerly along the center line of East Falls Street to its intersection with the easterly line of North Cayuga Street; running thence northerly along the easterly line of North Cayuga Street to the point or place of beginning.

(17) District 5-2: Beginning at a point at the intersection of the center line of Cascadilla Creek with the center lines of Linn Street and University Avenue; running thence northerly and easterly along the center line of University Avenue to its intersection with the center line of Stewart Avenue; running thence northerly along the center line of Stewart Avenue to the north line of the City of Ithaca; running thence westerly along the north line of the City of Ithaca to the east line of North Cayuga Street; running thence southerly along the east line of North Cayuga Street to the center line of East Falls Street; running thence easterly along the center line of East Falls Street to the center line of North Tioga Street; running thence southerly along the center line of North Tioga Street to the center line of King Street; running thence easterly along the center line of King Street to the center line of Linn Street; running thence southerly along the center line of Linn Street to the point or place of beginning.

(18) District 5-3: Beginning at a point at the intersection of the center line of University Avenue with the center line of Stewart Avenue; running thence easterly, northerly and easterly along the center line of University Avenue to its intersection with the Thurston Avenue bridge; running thence northerly across Fall Creek along the center line of Thurston Avenue to its easterly intersection with the center line of Wait Avenue; running thence northerly and westerly along the center line of Wait Avenue to the center line of Triphammer Road; running thence northeasterly along the center line of Triphammer Road to its intersection with the center line of Sisson Place; running thence easterly along the center line of Sisson Place to its intersection with the center line of the driveway connecting Sisson Place and Jessup Road; running thence northerly along the center line of the driveway connecting Sisson Place and Jessup Road to the north line of the City of Ithaca; running thence westerly along the north line of the City of Ithaca to its intersection with the center line of Stewart Avenue; running thence southerly along the center line of Stewart Avenue to the point or place of beginning.

(19) District 5-4: Beginning at a point at the intersection of the center line of Cascadilla Creek with the center lines of Linn Street and University Avenue; running thence northerly along the center line of Linn Street to the center line of King Street; running thence westerly along the center line of King Street to its intersection with the center line of North Tioga Street; running thence southerly along the center line of North Tioga Street to its intersection with the center line of Marshall Street; running thence westerly along the center line of Marshall Street to an intersection with the center line of North Cayuga Street; running thence southerly along the center line of North Cayuga Street to its intersection with the center line of Cascadilla Creek; running thence southeasterly along the center line of Cascadilla Creek to the point or place of beginning.

§ C-9 Municipal year; commencement and expiration of terms of office.

The municipal year in the City and the term of all elective officers shall begin on the first day of January, and the term of all elective and appointive officers shall expire on the last day of December of the last year for which they were respectively elected or appointed, except as may be in this Charter otherwise provided; provided, however, that every officer of said City shall hold office until said officer's successor shall have qualified.

§ C-10 Election and terms of office of Mayor, Judge and Council members.

[Amended 8-5-1981 by L.L. No. 4-1981; 8-7-1991 by L.L. No. 5-1991; 8-7-1991 by L.L. No. 7-1991[1]; 7-1-1992 by L.L. No. 1-1992; 7-6-1994 by L.L. No. 5-1994 [2]; 6-13-2001 by L.L. No. 5-2001[3]; 3-17-2011 by L.L. No. 4-2011[4]]

A. At the general election held in November 1995, and in every four years thereafter, a Mayor shall be elected for a term of four years. At the general election held in November 1989 and each sixth year thereafter, a City Judge shall be elected for a term of six years. At the general elections held in November 1983 and in November 1985, one Council member shall be elected from each of the City wards, as described in § C-3 of the Ithaca City Charter, for a term of four years. Thereafter (except as described in the following paragraph), in each odd-numbered year, one Council member shall be elected from each such ward, for a term of four years, in place of the Council member from that ward whose term of office shall next thereafter expire. Nothing in this section shall operate to shorten the term of any public officer in office. In the case of any special election for the office of any Council member, such vacancy shall be filled by election from the ward from which the Council member who caused the vacancy was elected.

B. Notwithstanding the above, the term of all Council members elected in the general election following the year of the decennial, federal census (for example, in 2011 or 2021) shall be for a period of two years. In the next general election in an odd-numbered year thereafter (for example, in 2013 or 2023), the terms of one-half of the Council members elected, at that time (to fill those seats with expiring, two-year terms) shall be for a period of two years, while the terms of the other half of the Council members elected at that time, shall be for a period of four years. Thereafter, for the remainder of each decade (for example, 2015, 2017, and 2019), the terms of all Council members elected in those years shall be four years.

C. For elections of Common Council members to be held in in years ending in “3” (as described above), two Common Council members shall be elected for each ward. On the election ballot there shall be printed, for each ward, the office of “member of Common Council for a term of four years” and the office of “member of Common Council for a term of two years.” In all matters affecting the nomination and designation of candidates for election, it shall be designated whether the candidate is seeking the office with a term of four years or the office with a term of two years.

[1] Editor's Note: This local law was approved by a majority of the electors of the City of Ithaca on 11-5-1991.

[2] Editor's Note: This local law was approved by a majority of the electors of the City of Ithaca on 11-8-1994.

[3] Editor's Note: This local law was approved by a majority of the electors of the City of Ithaca on 11-6-2001.

[4] Editor's Note: This local law passed at referendum on 11-8-2011.

§ C-11 Mayor.

[Amended 4-22-1997 by L.L. No. 2-1997 [1]; 11-3-2021 by L.L. No. 2022-07[2]]

A. Powers and duties. The Mayor shall: be a voting member of the City Council and shall attend and preside at meetings of the Council; represent the City in intergovernmental relationships, appoint with the advice and consent of the Council the members of citizen advisory boards and commissions; present an annual state of the City message; appoint the members and officers of Council committees; assign subject to the consent of Council agenda items to committees, and perform other duties specified by the Common Council; be recognized as head of the City government for all ceremonial purposes and by the governor for purposes of military law but shall have no administrative duties; have power to administer oaths and take affidavits and acknowledgments; to recommend, in writing, to the Common Council, from time to time, such measures as the Mayor shall deem necessary or expedient for it to adopt; and possess all the power and authority conferred upon the Mayors of cities of the same class by any general statute of the state.

B. Compensation. The Mayor shall receive such compensation as may be fixed and determined by the Common Council and no other fee or reward excepting necessary expenses and disbursements incurred.

[1] Editor's Note: The City determined during 1996 that several local laws enacted by Common Council during the last 30 years were subject to the mandatory referendum requirement of the New York Municipal Home Rule Law but were not in fact submitted to or approved by referenda. Local Law No. 2-1997 corrects the text of the Ithaca City Code by deleting language inserted pursuant to unapproved and therefore invalid local laws and reinserting the preexisting language which is still legally effective.

[2] Editor's Note: This local law passed at referendum 11-8-2022.

§ C-11.1 Council members.

[Amended 11-3-2021 by L.L. No. 2022-07[1]]

It shall be the duty of every Council member in said City:

A. To attend the regular and special meetings of the Common Council.

B. To act upon committees when thereunto appointed by the Mayor or Common Council.

C. To report to the Mayor and/or City Manager all officers who are guilty of any official misconduct or neglect of duty.

D. To aid in maintaining peace and good order in the City.

E. To perform or assist in performing all such duties as are enjoined upon the Council members of the City separately or upon the Common Council thereof.

[1] Editor's Note: This local law passed at referendum 11-8-2022.

§ C-12 City Manager.

[Added 10-4-2023 by L.L. No. 4-2023]

A. Selection and qualifications.

(1) The Common Council shall appoint a City Manager by a majority vote of its entire membership. The City Manager shall be a public officer appointed based solely on executive and administrative qualifications, relevant education, and training and experience in public administration. If not already a resident of Tompkins County, New York (the "County"), the City Manager shall establish residency in the County within no more than 12 months of appointment, or such lesser period of time as specified by the Common Council from time to time (including in the form of an approved employment agreement). No member of the Common Council or Mayor shall take office as City Manager during the term for which that person was elected or within one year after expiration of that person's term.

(2) The City Manager may be employed by the City pursuant to a written employment agreement upon such terms and conditions as the Common Council may agree. The duration of such an employment agreement shall not exceed five years. Subject to the procedures set forth in this Charter concerning removal of the City Manager, any employment agreement with a City Manager shall preserve the Common Council's right to terminate the employment of a City Manager at its pleasure, provided that such a contract may specify reasonable severance compensation and benefits to be paid and/or provided to a City Manager whose employment is terminated other than for misconduct or cause. Any provision of severance compensation or benefits to a City Manager pursuant to an employment agreement shall, as a condition to receipt thereof, require the City Manager to execute a general release of all claims and liabilities of the City and its employees, officers, and agents to the City Manager to the maximum extent allowed by law. Such a general release shall be in form and substance satisfactory to the Common Council. No employment agreement for a City Manager shall be deemed, due to the provision of reasonable severance compensation and benefits, to bind any future Common Council, nor shall severance compensation or benefits, if paid or payable, be deemed a gift of public funds.

B. Duties and authority of the City Manager.

(1) The City Manager shall be the Chief Executive and Administrative Officer of the City. The City Manager shall be responsible to the Common Council for the administration of all City affairs under the City Manager's jurisdiction and control or placed in the City Manager's charge by or under this Charter or other provisions of law. The City Manager shall have all incidental powers and duties conferred upon the chief executive and administrative officer of the City by all general laws of the State of New York except as otherwise provided in this Charter.

(2) The City Manager shall have the following duties and authority:

(a) To take care that within the City the laws of this state and the local laws, ordinances and policies passed by the Common Council shall be faithfully executed.

(b) To attend all meetings of the Common Council. The City Manager may participate in any discussion and make recommendations but shall not have the right to vote.

(c) To appoint the officers, department heads, and deputies specified in this Charter or the local laws, ordinances, and resolutions of the Common Council. Where stated, such appointments shall be subject to the approval of the Common Council.

(d) To, during the absence of any appointive officer or department head under the City Manager's supervision, assume the duties of such department head or officer, or designate another person to perform the duties of such person(s) on an acting basis.

(e) To prescribe the duties and fix the compensation of all officers appointed by the City Manager and of all employees of the City not otherwise provided for by this Charter.

(f) To exercise constant supervision over the conduct of all subordinate officers, to receive and investigate all complaints against them for misconduct or neglect of duty, and to hold hearings and take disciplinary actions against subordinate officers, including suspending them from or terminating their employment, subject to the approval of Common Council where required.

(g) To recommend to Council Committee Chairs, the Mayor, and Common Council policy changes or Code revisions that would promote efficiency in City operations in keeping with the larger goals of the City established by Common Council.

(h) To execute all contracts, deeds or leases, permits, and licenses that the City Manager may be authorized to issue, and to revoke or cancel a permit or license at any time should the permittee or licensee fail to comply with any of the terms, agreements, covenants and conditions thereof.

(i) To oversee collective bargaining negotiations, grievances pursuant to collective bargaining agreements, and arbitration proceedings with organized employee organizations representing employees of the City.

(j) To know, either in person or by the aid of a competent expert, the manner in which the accounts of the City and the various boards of the City are kept, to exercise general supervision thereof; to require the submission of the statements provided for by this Charter and such additional statements as the City Manager may deem necessary and to cause the annual financial statements to be published; to make recommendations for the consideration of any said boards; and to make such investigations and reports in regard to the work and transactions thereof, and of any department or function of the City, as the City Manager may deem necessary or advisable for the information of the inhabitants of the City or otherwise.

(k) To at any time examine the books, vouchers, and papers of any officer or employee of the City and to summon and examine, under oath, any person connected therewith.

(l) To obtain estimates of revenue and expenditures from all departments, offices, and agencies, and prepare, submit, and execute an annual budget that reflects effective, efficient, and economical management of municipal funds.

(m) To keep the Common Council fully advised as to the financial condition and future needs of the City, and to submit to the Council within two months after the close of each fiscal year a complete report on the finances and administrative activities of the City.

(n) To make such other reports as the Council may require concerning the operations of City departments, offices, and agencies subject to his/her direction and supervision.

(o) To chair the Capital Projects Review Committee.

(p) To perform all other duties and possess all powers as may be required by law or conferred or imposed on the City Manager by the City of Ithaca Common Council.

C. Removal. Notwithstanding whether the City Manager is appointed pursuant to a written employment agreement or otherwise, and without any requirement that cause, or misconduct, be demonstrated, the Common Council may remove the City Manager from office in accordance with the following procedures:

(1) The Council shall adopt by affirmative vote of a majority of its members a preliminary resolution for removal, which must state the reasons for removal, and which may suspend the City Manager from duty for a period not to exceed 30 days. Such suspension shall not deprive the City Manager of salary for such period, but no reimbursable expenses may be charged to the City or to a City department by the suspended City Manager for expenses incurred during the period of the suspension. A copy of the resolution shall be delivered to or served upon the City Manager personally within five days after its adoption. A preliminary resolution for removal may also be served upon the City Manager by forwarding a copy of the resolution to the City Manager by express mail or overnight courier service to the City Manager's last known physical address.

(2) The City Manager, within five days of the personal service or six days after deposit of the resolution with express mail or overnight courier service within the time limit for overnight delivery, shall have the right to file a written request with the Common Council for an opportunity to be heard at a public meeting thereof concerning the removal. A written request for a public hearing must be received within the designated time by personal delivery, mail, or overnight courier at the Office of the City Clerk. If the City Manager requests a hearing, the opportunity to be heard shall be afforded at a regular or special meeting of the Council to be held within 15 days of the Council's receipt of such request. The Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of 2/3 of all its members at any time after the City Manager is afforded the opportunity to be heard at a Council meeting or, if no opportunity to be heard is timely requested, after five days from the date when a copy of the preliminary resolution was served upon the City Manager by personal delivery or six days after it was timely dispatched to him by express mail or overnight courier.

(3) The City Manager's salary and benefits shall continue until the effective date of the final resolution of removal, or for such additional period as may be required pursuant to the terms of the City Manager's employment agreement, if any.

(4) The action of the Common Council in suspending or removing the City Manager shall be final and binding.

D. Acting City Manager.

(1) The City Manager shall, within 60 days of appointment, file a signed letter with the City Clerk designating any appointed officer of the City to act as City Manager during the temporary absence or disability of the City Manager (referred to as the "Acting City Manager"). The City Manager may amend this designation at any time by a subsequent written and signed filing with the City Clerk. In the absence of a designation by the City Manager, the Council may make such designation. The Common Council may also, by majority vote at a regular or special meeting, revoke the City Manager's designation and appoint its own designee as Acting City Manager pending the City Manager's return. The person so designated, during the continuance of such absence or disability, shall perform all the duties and have all the powers of the City Manager, provided that the Acting City Manager shall not be authorized to make appointments or to remove City officers from their positions during the Acting City Manager's first 30 days of service in such capacity, unless authorized by the Common Council.

(2) If a vacancy occurs in the office of City Manager due to death, resignation or otherwise, the Common Council shall immediately commence the process for selecting a new City Manager. The Acting City Manager, to the extent not already serving as such, shall serve (or continue) in the position of Acting City Manager until a new City Manager is appointed; provided, however, that a person or persons designated as Acting City Manager may not serve more than an aggregate of six months unless the Common Council, by resolution, certifies the necessity for continuation of the services of an Acting City Manager in such capacity and sets forth the reasons why a new City Manager has not been appointed. Upon the adoption of such resolution, an Acting City Manager may continue to serve for no more than an additional six months unless further extended by the process set forth herein.

(3) Elected officers of the City shall not be eligible to serve as Acting City Manager.

§ C-13 City Attorney.

[Amended 11-7-1984 by L.L. No. 3-1984; 4-2-1986 by L.L. No. 3-1986; 11-3-2021 by L.L. No. 2022-07[1]]

A. The City Manager shall appoint a City Attorney, subject to the approval of the Common Council. Once approved, the City Manager may remove the City Attorney with or without cause, but only on fortyfive days' written notice to the Common Council, unless after such notice two-thirds of the Common Council votes to waive the remainder of the notice period. The Common Council may act by majority vote during the notice period to prevent the removal of the City Attorney.

B. The compensation of the City Attorney and terms of payment shall be fixed by the Common Council. The Common Council shall pay the City Attorney all disbursements or expenses which the City Attorney may legally incur in behalf of the City and which may be incurred under the direction of the Common Council, City Manager, or any board or officer, as provided by this Charter. The City Attorney must be a resident of Tompkins County, New York, with his/her principal place of business in the City of Ithaca, New York. It is not necessary that the City Attorney be a resident of the City of Ithaca.

C. The City Attorney shall prosecute and defend the actions and proceedings by and against the City and every department thereof; shall be the official legal advisor of the City Manager, the Common Council, the boards and other officers of the City; shall, when required, prepare all legal papers, contracts, deeds and other instruments for the City and the different departments thereof; shall attend the meetings of the Common Council and of the Board of Public Works; shall, when requested by the Board of Public Works, attend to all of the proceedings under this Charter in relation to improvements, local or otherwise, and conduct the same in a legal manner; shall pass upon the legality of all bills or claims presented to the Common Council or the Board of Public Works which may be presented to the City Attorney for that purpose; and shall perform such other and professional services relating to the City as the City Manager or Common Council shall direct. It shall be the duty of the City Attorney to appear in behalf of the People in proceedings before the City Judge whenever, in the judgment of the City Manager or a majority of members of the Common Council or Board of Public Works, the interests of the City require it. If the City Attorney determines that there is need for the assistance of additional counsel on questions or matters submitted to the City Attorney or if, in the judgment of the City Manager, other or additional counsel should be employed, the City Manager or City Attorney may employ counsel thereon within such budgetary authorization as made available by the Common Council; and except upon such determination, the City Attorney and staff of the City Attorney's Office shall be the sole attorneys and counselors of the City and of its various boards and departments.

D. Whenever any papers in any proceeding or action by which the City is affected shall be served upon any officer of the City, such officer shall forthwith deliver the same to the City Attorney, who shall thereupon take such actions in the matter as shall be necessary to protect the interests of the City; provided that periodically, at meetings of the Common Council, the City Attorney shall report on such proceedings of sufficient import to merit report, and make recommendations thereon. The City Attorney shall keep a record or register of all suits and proceedings in which the City Attorney is involved as City Attorney. The City Attorney shall have power to authorize any attorney to temporarily appear for the City Attorney, in case of absence or illness, for and in behalf of the City in any suit or proceeding. All costs of actions and proceedings when the City is a party shall belong to the City or, when collected, shall be paid to the City Chamberlain and be credited to and form a part of the contingent fund. Upon termination of service, the City Attorney shall deliver to the successor City Attorney, as soon as engaged, the record or register of all suits and proceedings in which the City or any of its departments may be a party, to the end that a suitable order may be entered making the substitution.

[1] Editor's Note: This local law passed at referendum 11-8-2022.

§ C-14 City Prosecutor.

[Amended 4-2-1986 by L.L. No. 2-1986; 11-3-2021 by L.L. No. 2022-07[1]]

A. The City Attorney, or an Assistant City Attorney so designated from time to time by the City Attorney, shall be the City Prosecutor.

B. The City Prosecutor shall conduct all prosecutions for crimes and offenses cognizable by the City Court of Ithaca, except felonies and such misdemeanors as the District Attorney chooses to prosecute, including violations of ordinances of the City of Ithaca, prosecutions of crimes and offenses upon the complaint of all departments and officers of the City of Ithaca and prosecutions and violations of rules duly promulgated by the various boards and departments of the City of Ithaca.

[1] Editor's Note: This local law passed at referendum 11-8-2022.

§ C-15 Director of Planning and Development.

[Amended 7-10-1985 by L.L. No. 1-1985; 7-7-1993 by L.L. No. 5-1993; 6-5-2013 by L.L. No. 7-2013[1]]

The Director of Planning and Development or the Director of Code Enforcement, if so designated by the Director of Planning and Development, shall serve as the enforcement officer of all laws, ordinances, rules and regulations, codes and orders applicable to the use of land and the location, design, materials, construction, alteration, repairs, equipment, maintenance, use, occupancy, removal and demolition of the buildings and structures and their appurtenances located in the City. The Director of Planning and Development shall have such deputies and assistants as the Common Council shall authorize. The Director of Planning and Development or the Director of Code Enforcement, if so designated by the Director of Planning and Development, and his or her designees shall have the authority to issue appearance tickets in accordance with Article 150 of the New York State Criminal Procedure Law as provided by Municipal Home Rule Law Subdivision 4(a) of § 10 for the enforcement of any statute, local law, ordinance, rule or regulation relating to any matters under the authority of the Director of Planning and Development.[2]

[1] Editor's Note: This local law passed at referendum on 11-5-2013.

[2] Editor's Note: Original § 2.12, Fire Marshal: Appointment, Term and Duties, which immediately followed this section, was deleted 8-5-1992 by L.L. No. 3-1992.

§ C-16 Community Police Board.

[Amended 8-1-1984 by L.L. No. 2-1984; 5-2-1990 by L.L. No. 1-1990; 10-27-1993 by L.L. No. 6-1993]

A. The Mayor shall appoint a Community Police Board, subject to the approval of the Common Council. The Commissioners shall be chosen from a range of culturally and economically diverse community groups with consideration given to the effect each appointment will have on the diversity of representation, including geographic representation, on the Board. The Community Police Board shall consist of nine (9) Commissioners, including eight (8) Adult Commissioners and one (1) Youth Commissioner. Adult Commissioners will be eighteen (18) years of age or older. The Youth Commissioner will be sixteen (16) or seventeen (17) years of age. The Youth Commissioner will fulfill all functions of the Adult Commissioners except that of investigating complaints against police officers. The term of office of each Commissioner shall be three years, commencing on the first day of January, including the Youth Commissioner, in spite of his/her attaining the age of eighteen (18) years during his/her tenure. No more than three Commissioners shall be appointed in any one year. The terms of the existing Commissioners shall continue unchanged. No elected City official shall be a member of the Community Police Board. A Commissioner shall hold office until his/her successor shall have been chosen and qualified. A vacancy for an unexpired or newly created term shall be filled in the manner set forth in this Charter, except that the limitation on the number of appointments per year, the term of office and the term's starting date shall not apply. All Commissioners shall have been residents of the City of Ithaca for at least two years immediately preceding their appointment. All Commissioners shall serve without salary.

[Amended 8-7-1996 by L.L. No. 8-1996[1]; 5-3-2000 by L.L. No. 1-2000]

[1] Editor's Note: This local law passed at referendum on 11-5-1996.

B. The Community Police Board may recommend rules, bylaws and regulations for the government of the Police Department of the City, not inconsistent with the laws of this state, which may be promulgated through the Chief of Police to the whole force. The Chief of Police shall have the immediate direction and control of the police in the administration of the rules, bylaws and regulations of the Department.

C. The Community Police Board shall act as community liaison to the Police Department, actively fostering positive communication between police and all segments of the community. It shall make provisions for resolving complaints by the citizenry related to the delivery of police services. Using established procedures, the Board may recommend action against any member of the Police Department. It shall recommend, on its own initiative or at the request of the Mayor, the City Manager, the Common Council or the Police Chief, on any matter affecting the policy or performance of the Police Department, including finances and budget. It shall perform such other related duties as requested by the Mayor, the City Manager or Common Council.

[Amended 11-3-2021 by L.L. No. 2022-07[2]]

[2] Editor's Note: This local law passed at referendum 11-8-2022.

D. At its first meeting in January of each year, the members of the Community Police Board shall organize as a board by electing one of its members as Chairperson. The Community Police Board shall hold such stated and special meetings at such time and place as it may determine, but at least once in each month.

E. The Board shall give written annual reports to the Mayor, the City Manager and the Common Council regarding its activities and the changes it has sought and achieved.

[Amended 11-3-2021 by L.L. No. 2022-07[3]]

[3] Editor's Note: This local law passed at referendum 11-8-2022.

§ C-17 Police Department. [1]

A. Selection of members of Police Department; compensation; duties of police officers.

[Amended 5-2-1990 by L.L. No. 1-1990]

(1) [2]The Chief of Police, staff officers and police officers shall severally possess the powers and authority provided in the Criminal Procedure Law and under all other applicable statutes of this state, other than in civil actions or proceedings. They shall also perform such duties as shall be prescribed by this Charter and the Police Commissioners for the preservation of the public peace, the care of the City property and the enforcement of the police regulations and municipal ordinances of the City. The Chief of Police shall have the authority to designate persons employed by the Police Department other than police officers who will have the authority to regulate traffic.

[Amended 10-27-1993 by L.L. No. 8-1993]

[2] Editor's Note: Former Subsection A(1), which stated that the Mayor would appoint all members of the Police Department, as amended, was repealed 6-1-2011 by L.L. No. 5-2011. This local law passed at referendum on 11-8-2011 and also provided for the renumbering of former Subsection A(2) and (3) as Subsection A(1) and (2), respectively.

(2) It shall be the duty of the Chief of Police to keep a record of all arrests and of all services performed by the Police Department and to keep a record of all articles taken from persons arrested or seized on warrant or otherwise, together with the disposition made thereof. The Chief of Police shall, upon request of the Police Commissioners, make a report as to the condition of the Department and whether any member of the force is delinquent in the performance of the rules and regulations prescribed for the control and conduct of police officers and of the directions given by the City Manager or Common Council in relation thereto.

[Amended 11-3-2021 by L.L. No. 2022-07[3]]

[3] Editor's Note: This local law passed at referendum 11-8-2022.

B. The City Manager, upon the recommendation of the Chief of Police, may appoint such special police officers as may be necessary. Such appointments may be for definite terms stated in certificates of appointment or may be for indefinite terms, in which latter case such special police officers shall continue as such until their appointments are revoked by the City Manager, with or without cause. The certificate of appointment shall set forth, among other things, the term for which such special police officer is appointed, or, if such appointment is for an indefinite term, the certificate shall so state. It shall also state the limits of the jurisdiction of such special police officers. The City Clerk shall keep a record of all such appointments, which shall set forth the name of each special police officer, his/her address, the term for which he/she is appointed and the limits of his/her jurisdiction. All persons heretofore appointed as special police shall continue as such until the expiration of their several terms or, if appointed for an indefinite term or without term, until their several appointments are revoked by the City Manager.[4]

[Amended 11-3-2021 by L.L. No. 2022-07[5]]

[4] Editor's Note: Former Subsection C, Removal of police officers by Mayor, as amended, and which immediately followed this subsection, was repealed 6-1-2011 by L.L. No. 5-2011. This local law passed at referendum on 11-8-2011.

[5] Editor's Note: This local law passed at referendum 11-8-2022.

[1] Editor's Note: See also Ch. 95, Police Department.

§ C-18 (Reserved) [1]

[1] Editor's Note: Former § C-18, Municipal Surgeon was repealed 5-4-2005 by L.L. No. 10-2005.

§ C-19 Financial officers.

[Amended 7-10-1985 by L.L. No. 1-1985; 8-5-1992 by L.L. No. 3-1992; 6-23-1993 by L.L. No. 3-1993; 9-6-1995 by L.L. No. 3-1995; 6-4-1997 by L.L. No. 5-1997; 6-1-2011 by L.L. No. 1-2011]

A. Powers and duties of the City Controller. The City Controller shall:

(1) Serve as the chief financial officer of the City for the purposes of New York State law.

(2) Organize the work of the Office of Budget and Control. The City Controller may assign and transfer administrative functions, powers and duties within the Office of Budget and Control as the best interest of the City may appear, subject to the Charter, local law or ordinance.

(3) Prescribe and enforce a general accounting system for the City government and each of its offices, departments and agencies.

(4) Provide for the exercise of budgetary control for each separate appropriation account and establish procedures and practices for the preauditing and control of all City revenues and expenditures; the custody, receipt and disbursements of City moneys through the Chamberlain's Office; the safety and investment of the City's funds; the management of its debts; and the development of policies to safeguard the City's financial interest to the fullest extent.

(5) Maintain the central books of account of the City government.

(6) Audit all payrolls, bills, claims and demands against the City, upon certification by a Department head that the amount is due and unpaid according to the records and information of said Department. The City Controller shall prepare, sign and transmit to the Chamberlain an order directing the Chamberlain to pay compensation due to officers and employees listed on a payroll and the bills, claims or demands listed on each abstract showing the names of claimants, the amounts approved for payment and the funds chargeable therewith.

(7) Maintain a central payroll system and all social security, pension and insurance records required for City personnel.

(8) Control all expenditures within the limits of legal authorization and budget appropriations; and unless the Controller shall certify that there is an unencumbered balance of appropriation and available funds, no appropriation shall be encumbered and no commitment or expenditure shall be made.

(9) Compile and prepare the current expense and revenue estimates for the annual budget.

(10) Compile and prepare the capital estimates for the annual budget, based upon such capital program as may be adopted by the Common Council.

(11) Have such other functions, powers and duties, with respect to the administration of the City government as may be delegated to the City Controller by local law or ordinance.

B. Powers and duties of the City Chamberlain. The City Chamberlain shall:

(1) Receive and collect all taxes, water and sewer charges and such other fees and rentals due to the City as are provided for in the City Charter or other sections of the Municipal Code or in the rules and regulations of the Board of Public Works.

(2) Be responsible for the custody, receipt and disbursement of City moneys in accordance with such procedures as may be prescribed pursuant to law.

(3) Enforce the collection of delinquent property taxes and liens from unpaid fees, charges and rentals due to the City, charge and receive penalties and interest pursuant to law and conduct tax sales and account for the proceeds thereof pursuant to law.

(4) Deposit, at least every three business days, to the credit of the City all moneys received or collected on the City's account in one or more depositories selected by the Common Council.

(5) Have custody of all investments and invested funds of the City or in its possession in a fiduciary capacity, except as otherwise provided pursuant to law, and provide for the safekeeping of all bonds and notes for transfer, registration or exchange.

(6) Invest capital, tax stabilization and other reserve funds and surplus funds of the City not required for current use in federal, state or municipal obligations, upon the advice and consultation of an Investment Advisory Council when and if it shall be established by local law or ordinance.

(7) Be a member of the Office of the City Controller, such that, notwithstanding any other provision of the City Code, all powers, responsibilities, procedures, rights, and penalties in this Charter or in the City Code or in rules created thereunder specifying, compelling, or permitting the administration, enforcement, or other participation of the "Office of the City Chamberlain" shall be invested in and associated with the Office of the City Controller.

[Amended 11-7-2012 by L.L. No. 3-2012]

(8) Have such other powers and duties as may be prescribed by the Charter, local law or ordinance.

§ C-20 City Clerk.

[Amended 7-10-1985 by L.L. No. 1-1985; 8-5-1992 by L.L. No. 3-1992; 6-4-1997 by L.L. No. 5-1997; 6-16-2011 by L.L. No. 5-2011[1]; 11-12-2013 by L.L. No. 6-2013]

A. There shall be a Department of Public Information and Technology, the head of which shall be the City Clerk.

B. The City Clerk shall:

(1) Perform the functions and discharge the powers and duties of the City Clerk pursuant to law.

(2) Act as Clerk for the Board of Public Works and the Common Council and keep a journal of their proceedings and a record of the minutes of every meeting. The minutes of each meeting shall be signed by the officer presiding at such meeting and by the Clerk.

(3) Keep and maintain the original authenticated copies of all resolutions, ordinances and local laws. At the close of each year, the Clerk, with the advice and assistance of the City Attorney, shall compile or codify and bind all local laws, ordinances and resolutions, or true copies thereof, in books to be provided for that purpose. The City Clerk shall properly index such books, compilation or codification. The record so made, or a copy thereof, duly certified by the City Clerk, shall be presumptive evidence in all courts and places and in all actions and proceedings of the due and proper passage and publication of any such local law, ordinance or resolution.

(4) Issue licenses and permits authorized to be issued by the City Clerk under authority of the Council or by a City Clerk pursuant to law.

(5) Manage and execute all information technology functions of the City Government, including systems of written and spoken communication, archiving and retrieval, and all software and hardware components necessary thereto.

(6) Organize the work of the Department of Public Information and Technology. The City Clerk may assign and transfer administrative functions, powers and duties within the Department of Public Information and Technology as the best interest of the City may appear, subject to the Charter, local law or ordinance.

(7) Have such other powers and duties as may be prescribed by the Charter, local law or ordinance.

[1] Editor's Note: This local law passed at referendum on 11-8-2011.

§ C-21 Director of Human Resources.

[Added 6-4-1997 by L.L. No. 5-1997;[1]10-7-1998 by L.L. No. 8-1998]

A. There shall be a Human Resources Department, the head of which shall be the Director of Human Resources.

[Amended 6-16-2011 by L.L. No. 5-2011[2]]

[2] Editor's Note: This local law passed at referendum on 11-8-2011.

B. Powers and duties of the Director of Human Resources. The Director shall:

(1) Organize the work of the Human Resources Department. The Director of Human Resources may assign and transfer administrative functions, powers and duties within the Human Resources Department as the best interest of the City may appear, subject to the Charter, local law or ordinance.

(2) Have such other powers and duties as may be prescribed by the Charter, local law or ordinance.

[1] Editor's Note: This local law also repealed former § C-21, City Chamberlain, as amended. See now § C-19.

§ C-22 Department heads, deputies and assistants.

[Amended 6-4-1980 by L.L. No. 1-1980; 7-10-1985 by L.L. No. 1-1985; 12-7-1987 by L.L. No. 8-1987; 2-22-1991 by L.L. No. 1-1991; 6-16-2011 by L.L. No. 6-2011[1]]

A. The department heads of the City of Ithaca, as defined in § C-5C(2) and § C-5C(4) of this Charter, shall be vested with the following authorities and duties, subject to the powers and supervision of the Mayor (as described in § C-11B(1)(b) and § C-11B(6), respectively) and subject to the general legislative powers of the Common Council (as described in § C-35):

(1) To appoint, discipline and remove as necessary, all subordinate officers and employees of their respective departments;

(2) To direct and supervise the work of the officers and employees of their respective departments;

(3) To organize and manage the work of their respective departments, and assign and transfer administrative functions, tasks and responsibilities within their respective departments, as is in the best interest of the City;

(4) To exercise all powers and carry out all responsibilities vested in the office which the department head holds, on behalf of the City;

(5) To make and authorize necessary expenditures to carry out the responsibilities of their respective departments, in accordance with authorized budgetary allocations and established financial procedures;

(6) To exercise such other responsibilities and perform such other duties as may be prescribed by the Charter, state or local law, or assigned by the Mayor or Common Council.

B. The deputy and assistant department heads of the City of Ithaca, as defined in § C-5C(5) of this Charter, shall generally assist their superiors in the execution of their powers and duties and may perform such part or portion of such duties as designated by such superiors and, in the absence, inability or temporary vacancy of their respective superiors, shall act as such and, when so acting, shall have all the powers of such office.

[1] Editor's Note: This local law passed at referendum on 11-8-2011.

§ C-23 Financial administration.

A. No department of the City government shall expend or commit any funds of the City unless the City Controller shall first certify that there is an unencumbered balance of appropriation and funds available for the purpose.

B. Prior to payment of any bill, claim or demand against the City, the Board of Public Works or the Common Council, as the case may be, shall certify that the materials, supplies or equipment have been received according to purchase order or that the work, labor or service has been rendered according to order or contract.

[Amended 7-26-2017 by L.L. No. 2017-05[1]]

[1] Editor's Note: This local law was approved at referendum 11-7-2017.

C. Disbursements shall be made by checks signed by the City Chamberlain or Acting City Chamberlain upon the order of the City Controller, except that an order shall not be required for payment of debt service.

D. No department of the City government shall expend or commit any City funds during any budget year for any purpose in excess of the amounts appropriated for that purpose, except as provided by this section. Any officer or employee who knowingly shall violate this section may be removed from his office or employment by the appointing officer.

E. Any contract, verbal or written, made in violation of this section shall be null and void. Nothing in this section contained, however, shall prevent the making of contracts or the spending of money for capital improvements to the extent that they are financed in whole or in part by the issuance of bonds nor the making of contracts or leases for services for a period exceeding the budget year in which such contract is made.

F. At any time within the last three months of the budget year:

(1) The Common Council may, by resolution, transfer any unencumbered appropriation balance or portion thereof from one department to another, except that no transfer shall be made from appropriations otherwise required by law.

(2) The City Controller, with the approval of the Common Council, may transfer any unencumbered appropriation balance or portion thereof between the same general classifications of expenditures within any department.

G. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered.

§ C-24 Examining Board of Electricians.

[Amended 5-4-2005 by L.L. No. 5-2005; 6-5-2013 by L.L. No. 7-2013;[1] 5-5-2021 by L.L. No. 2021-06]

A. Membership. There is hereby established for the City of Ithaca an Examining Board of Electricians. One member of this Board shall be the Electrical Inspector; one shall be the Director of Planning and Development or his/her designee; and the remaining three, who shall be residents of Tompkins County, shall be appointed by the Mayor subject to the approval of the Common Council, namely, two master electricians licensed by the City of Ithaca and one member at large. The first appointments shall be for one, two and three years respectively, and afterwards for terms of three years.

B. Licensing power. Said Board shall be empowered to examine, license, and regulate master and special electricians and others engaging or contracting in electrical work for hire in the City of Ithaca.

C. Functions pursuant to Electrical Code. Said Board shall perform its functions pursuant to the Electrical Code of the City of Ithaca as adopted by the Common Council.

[1] Editor's Note: This local law passed at referendum on 11-5-2013.

§ C-25 (Reserved)

§ C-26 Appointment of officers. [1]

[Added 7-10-1985 by L.L. No. 1-1985; amended 3-5-1986 by L.L. No. 1-1986; 2-22-1991 by L.L. No. 2-1991; 7-7-1993 by L.L. No. 3-1993; 11-1-1995 by L.L. No. 6-1995; 8-14-1996 by L.L. No. 11-1996[2]; 8-14-1997 by L.L. No. 12-1997[3] ; 10-7-1998 by L.L. No. 8-1998; 1-4-2012 by L.L. No. 1-2012]

A. Those department heads of the City listed in § C-5C(4) of the Charter shall be appointed in accordance with the search process established in this section.

B. Recruitment for vacant department head positions shall be conducted in accordance with current recruitment procedures and policies, including the Workforce Diversity Plan.

C. A search committee for the vacant department head position shall be established by the Mayor, and shall comprise the following individuals:

(1) Three members of the Common Council, to be selected by the Common Council. If there is a lay board or commission that oversees the department in which the vacancy exists, the Council liaison to that board or commission shall be one of these three search committee members;

(2) Three members of appropriate lay boards or commissions, to be selected by those boards or commissions;

(a) The Mayor shall designate the appropriate lay boards or commissions.

(b) In light of the historical and contractual relationship between the City and the Board of Directors of the Greater Ithaca Activities Center, Inc., three members of the Board of Directors of the Greater Ithaca Activities Center, Inc., shall fulfill this role on the search committee for the Greater Ithaca Activities Center Director.

(c) In the absence of appropriate lay boards or commissions, the Mayor may appoint three other appropriate individuals, which could include a member or members of City staff, to fulfill this role.

(3) One person with professional experience in the job area at issue, to be appointed by the Mayor;

(4) Except when the appointment is to the position of Director of Human Resources, the Director of Human Resources, as a nonvoting member. The Director of Human Resources shall facilitate the search process;

(5) A representative of the Workforce Diversity Advisory Committee, to be selected by the Workforce Diversity Advisory Committee, as a nonvoting member;

(6) Other nonvoting members as the Mayor deems necessary and appoints.

D. The search committee shall follow and comply with all current interviewing and selection policies and procedures, as well as all local, state and federal laws, rules and regulations concerning hiring practices and procedures.

E. Following candidate interviews and related selection processes, the search committee shall select a minimum of two candidates as finalists, and shall forward their names in rank order to the Mayor for consideration.

F. The Mayor shall either make a selection from the candidates who were forwarded by the search committee or request that the search be reopened, if appropriate.

G. Following the selection of a candidate, the Mayor shall forward the candidate's name and proposed salary to Common Council for consideration. An appointment made pursuant to this section shall be deemed to be made upon approval by a majority vote of Common Council.

H. An appointment made pursuant to this section shall be for an indefinite term.

I. Upon request of the Mayor, and with the affirmative vote of 2/3 of the Common Council exclusive of the Mayor, this search committee procedure may be waived and the Mayor may make an appointment directly, with the approval of Common Council by a majority vote. For the position of Greater Ithaca Activities Center Director, the affirmative vote of 2/3 of the Board of Directors of the Greater Ithaca Activities Center, Inc., shall also be required to waive this search committee procedure and to approve the direct appointment.

[1] Editor's Note: See also Ch. 7, Appointments, Mayoral; and Ch. 90, Art. VII, Recruitment and Selection Procedure for Department Heads and Managerial Personnel.

[2] Editor's Note: This local law passed at referendum on 11-5-1996.

[3] Editor's Note: This local law was passed over the Mayor's veto on 10-2-1996, was passed at referendum on 11-4-1997, and repassed over the Mayor's reveto 11-5-1997.

§ C-26.1 Discipline and removal of selected officers.

[Added 4-22-1997 by L.L. No. 2-1997;[1] amended 6-4-1997 by L.L. No. 14-1997[2]]

A. Application of this section.

[Amended 10-7-1998 by L.L. No. 8-1998; 11-3-2021 by L.L. No. 2022-07[3]]

(1) The following City officers are subject to the discipline and removal procedures found in this section:

(a) Director of Code Enforcement.

(b) City Chamberlain.

(c) City Clerk.

(d) City Controller.

(e) Director of Human Resources.

(f) Assistant City Attorney.

(g) Deputy City Chamberlain.

(h) Deputy City Clerk.

(i) Deputy City Controller.

(2) Notwithstanding any other designation of applicability in this section, the discipline and removal procedures found in this section shall not apply to City officers who are subject to Civil Service Law for reasons which attach to the individual rather than the office.

(3) The following City officers are subject to the discipline and removal procedures found in §§ 75 and 76 of New York Civil Service Law, as amended:

(a) Youth Bureau Director.

(b) Director of Planning and Development.

(c) Superintendent of Public Works.

(d) Police Chief.

(e) Fire Chief.

(f) Deputy Fire Chief.

[3] Editor's Note: This local law passed at referendum 11-8-2022.

B. Grounds for discipline or removal. A person subject to this section shall not be removed or otherwise subjected to any disciplinary penalty provided in this section except for incompetency or misconduct.

C. An action under this section commences with the service of a notice of charges and encompasses all activities undertaken pursuant to the notice of charges including any subsequent investigation; disciplinary action prior to a final determination; a hearing, if requested; and the final determination.

D. The final determination is the determination of incompetency or misconduct, or the lack thereof, including the imposition of a penalty, if any, made by the final decision-maker.

E. The final decision-maker is the Common Council, or the Council's designee if the Common Council delegates the power to impose a penalty, but under no circumstances, shall the penalty of removal be imposed in any manner inconsistent with § 26.1(N).

[Amended 11-3-2021 by L.L. No. 2022-07[4]]

[4] Editor's Note: This local law passed at referendum 11-8-2022.

F. Who may commence and prosecute an action. The City Manager may commence and/or prosecute an action under this section.

[Amended 11-3-2021 by L.L. No. 2022-07[5]]

[5] Editor's Note: This local law passed at referendum 11-8-2022.

G. Time limit to commence an action.

(1) No action under this section shall be commenced more than one year after the occurrence of the alleged incompetency or misconduct.

(2) Notwithstanding any other provisions of this section, no time limit shall be applied to the commencement of actions where the alleged misconduct or incompetency would, if proved in a court of appropriate jurisdiction, constitute a criminal offense.

H. Notice of charges.

(1) Written notice must be provided to the officer against whom an action is commenced and must include a copy of the charges and reasons for those charges.

(2) The officer against whom an action is commenced may answer the notice of charges within 21 days of the service of the notice.

I. Commencement of the hearing.

[Amended 11-3-2021 by L.L. No. 2022-07[6]]

(1) An officer against whom an action is commenced may request a hearing regarding the action and must make any such request in writing to the City Manager within 10 days of the service of the notice of charges.

(2) The City Manager, after receiving a written request for a hearing, must, within seven days of receipt of that request, forward such request to Common Council.

(3) If the officer against whom an action is commenced requests a hearing within the applicable time period, the hearing may not begin less than seven days after the answer to the notice of charges is forwarded to Common Council.

(4) The hearing must begin within 45 days after the service of the notice of charges unless the parties otherwise agree.

[6] Editor's Note: This local law passed at referendum 11-8-2022.

J. Representation of officer.

(1) Prior to the notice of charges.

(a) An officer has the right to representation by counsel or other representative of the officer's choice where, at the time of questioning, the officer appears to be a potential subject of an action under this section.

(b) An officer shall be notified in advance of preaction questioning of the officer's right to representation.

(c) An officer shall be allowed a reasonable amount of time in which to obtain representation before preaction questioning may begin.

(d) After the aforementioned reasonable time elapses, the officer may be questioned notwithstanding any lack of representation.

(e) If a hearing is requested, the hearing officer determines whether the time allowed for the officer to obtain representation was reasonable.

(2) During the hearing. The hearing officer must, upon the request of the officer against whom the action is commenced, permit the officer to have representation by counsel or by another representative of the officer's choice during all phases of the hearing.

K. Disciplinary action prior to the final determination. The City Manager may impose any penalty short of removal that the City Manager deems appropriate prior to the final determination, but if such interim penalty includes suspension without pay, such suspension may not continue for longer than 30 days.

[Amended 11-3-2021 by L.L. No. 2022-07[7]]

[7] Editor's Note: This local law passed at referendum 11-8-2022.

L. Hearing officer.

[Amended 11-3-2021 by L.L. No. 2022-07[8]]

(1) The hearing officer is the Common Council or the Council's designee, but under no circumstances shall the City Manager be the hearing officer.

(2) The hearing officer may make findings of fact and recommend the imposition of any type of penalty to the final decision-maker.

(3) The hearing officer, if so designated by the Common Council, may be the final decision-maker, but under no circumstances may the penalty of removal be imposed in any manner inconsistent with § C-26.1N.

[8] Editor's Note: This local law passed at referendum 11-8-2022.

M. The hearing.

(1) The City must prove the alleged incompetency or misconduct by a preponderance of the evidence.

(2) Evidence.

(a) Formal rules of evidence are not required.

(b) The hearing officer must permit the officer against whom the action is commenced to summon witnesses.

N. Penalties if found guilty.

[Amended 11-3-2021 by L.L. No. 2022-07[9]]

(1) Discipline less than removal may be imposed as deemed appropriate by the final decision-maker.

(2) The penalty of removal may be imposed only by the affirmative vote of 2/3 of the Common Council.

(3) An officer must be provided with written notice of the penalty imposed.

[9] Editor's Note: This local law passed at referendum 11-8-2022.

O. Action upon acquittal. An officer who is acquitted of charges must be restored to the officer's most recent position with full pay for the suspension period, if any, less any unemployment benefits received for the suspension period and less any earnings from employment secured by the officer after the suspension began.

[Amended 11-3-2021 by L.L. No. 2022-07]

P. Appeals. An officer may appeal the final determination as authorized by law.

[Amended 11-3-2021 by L.L. No. 2022-07]

Q. This section is expressly intended to supersede General City Law § 4.

[Amended 11-3-2021 by L.L. No. 2022-07]

[1] Editor's Note: The City determined during 1996 that several local laws enacted by Common Council during the last 30 years were subject to the mandatory referendum requirement of the New York Municipal Home Rule Law but were not in fact submitted to or approved by referenda. Local Law No. 2-1997 corrects the text of the Ithaca City Code by deleting language inserted pursuant to unapproved and therefore invalid local laws and reinserting the preexisting language which is still legally effective.

[2] Editor's Note: This local law was passed at referendum on 11-4-1997.

§ C-27 Appointment, discipline and removal of other officers.

[Added 7-10-1985 by L.L. No. 1-1985]

Unless otherwise specified in this Charter or the Ithaca City Municipal Code and subject to the authorization for such position (including terms of compensation) by the Common Council, all other City officers and employees shall be appointed, disciplined and removed as necessary by the head of the department in which the position is authorized.