If a vacancy shall happen in any elective office
other than Mayor, the Common Council shall fill the same by appointment
until the commencement of the political year next succeeding the first
annual election at which such vacancy can be filled; and at such election,
some qualified person shall be elected to such office for the residue
of the term thereof, according to the provisions of this Charter.
A.
The terms of all officers appointed by the Mayor not
otherwise provided for by this Charter or by the general statutes
shall end with the term of the Mayor appointing them.
B.
If a vacancy shall happen in any appointive office
provided or authorized by this Charter, it shall be filled by appointment
for the unexpired term by the same officer, body or board and in the
same manner as an appointment for a full term.
C.
All officers appointed pursuant to the provisions
of this Charter shall, upon the expiration of their respective terms,
continue to hold their respective offices until a successor thereto
is appointed and has qualified.
D.
Any appointed officer may be removed by the Common
Council or board appointing said officer, except as otherwise herein
provided, upon specific charges, in writing, preferred against such
officer and filed with the City Clerk and a reasonable notice to such
officer that such charges have been made and of the time and place
of a hearing thereon, upon a hearing thereon if requested by such
officer, by the votes of a majority of all the members of the Common
Council or board.
If any person having been an officer in said
City shall not, within 10 days after notification and request, deliver
to his successor in office all the property, papers and effects of
every description in his/her possession or under his/her control,
belonging to said City or pertaining to his/her office, he/she shall
forfeit and pay for the use of the City $100, besides all damages
caused by his/her neglect or refusal to deliver.
[Amended 11-3-2021 by L.L. No. 2022-07[1]]
The City Manager shall have power to cause buildings to be pulled
down, blown up or removed for the purpose of arresting the progress
of fires and for the extinguishment of the same. In case a building
shall be pulled down, blown up or removed under such authority for
the purposes aforesaid and said building shall be insured, the owner
thereof shall be entitled to recover from said City damages to the
same extent that he/she would have been entitled to recover against
the insurers in case such building had been destroyed by fire.
[1]
Editor's Note: This local law passed at referendum 11-8-2022.
No officer of the City or any other person shall
have power to make any purchase or contract any debts on the part
of the City unless duly and fully authorized so to do by this Charter
or pursuant to the Local Finance Law; and no account, claim or demand
shall be audited, allowed or paid unless the same was duly authorized.
All resolutions adopted by the Common Council
or any board of the City authorizing the expenditure of money shall
appropriate specifically the amount to be expended, and no extra or
additional compensation shall be allowed or paid on any contract or
to any officer, person or persons for any services or work done or
materials furnished to the City.
[1]
Editor's Note: Former § C-106, Audit
of accounts and claims by Common Council, was repealed 6-23-1993 by
L.L. No. 3-1993.
[Amended 2-1-1989 by L.L. No. 2-1989; 9-4-2013 by L.L. No.
3-2013]
The City of Ithaca shall not be liable for damage
or injury sustained by any person in consequence of any street, highway,
bridge, culvert, sidewalk, crosswalk, park, playground, stream, pond,
lake, reservoir, building or other City-owned property or structure
being out of repair, unsafe, dangerous or obstructed by snow, ice
or otherwise or in any way or manner, including but not limited to
protruding pipes, metal plates or covers or other objects, unless
written notice of the defective, unsafe, dangerous, obstructed or
concealed conditions of said street, highway, bridge, culvert, sidewalk,
crosswalk, park, playground, stream, pond, lake, reservoir, building
or other City-owned property or structure shall have been given to
the City of Ithaca by delivery to the office of the City Clerk at
least 24 hours previous to said damage or injury. This section applies
to claims of infants and all other persons. Any and all actions maintained
for damages or injuries to person or property caused or sustained
as aforesaid shall be commenced in accordance with the requirements
of §§ 50-e and 50-i of the New York State General Municipal
Law.
[1]
Editor's Note: Former § C-108, Illness or injury
in police officers and fire fighters incurred in performance of duty,
was repealed 7-27-2011 by L.L. No. 2-2011.
A.
Sick leave and accumulation of unused benefits. Sick
leave benefits for all City employees shall be granted and accumulated
in accordance with the terms specified in formal agreements reached
between City officials appointed as a negotiating committee and the
representatives of the several recognized bargaining agents of unions
for City employees, subject to Common Council approval of these agreements.
B.
Administration.
(1)
Records. It shall be the duty of the administrative
head of each department to keep an accurate record of all sick leave
accumulations in such form as the Common Council may prescribe.
(2)
Notification. Any officer or employee who is unable
to report for duty because of illness or physical disability shall
immediately notify his/her department head of that fact and shall
state the nature of his/her illness or disability and the name of
the attending physician, if any. When the officer or employee is unable
so to report, a responsible person may make the report in his/her
behalf. In the absence of such a report, unless waived by the department
head for good cause, time lost shall not be considered sick leave,
and such employee shall receive no compensation therefor.
(3)
Certificates of disability. No continuous sick leave
exceeding three days shall be allowed except upon the certification
of a physician, to be filed with the department head not later than
the fourth day, stating the nature of the illness and the probable
period of disability. The department head may require such certificate
in any other case. This requirement shall be waived, however, for
any employee taking a parenting leave. Any employee taking a parenting
leave shall be entitled to use up to eight weeks' accumulated sick
leave without providing a doctor's certificate. Parenting leaves shall
be available to both male and female employees and shall be available
only in the case of childbirth or adoption. Employees may use additional
sick time at the end of the eight-week period for parenting leave
upon presentation of a doctor's certificate relating to the child
and/or parent attesting to the necessity for such continued leave
from employment.
[Amended 4-5-1989 by L.L. No. 4-1989]
(4)
False representations. Any false representation made
by any officer or employee in connection with a claim for sick leave
benefits shall be deemed a just cause for disciplinary proceedings
under the Civil Service Law; and in addition to other penalties, such
portion of such officer's or employee's accumulated sick benefits
as may be deemed proper may be canceled.
C.
Exceptions. An employee or officer who suffers injuries
in the course of his/her employment and who is entitled to benefits
under provisions of the Workers' Compensation Law may elect to use
sick leave benefits which shall have been accumulated to his/her credit,
pursuant to formal agreements reached between employer and employee
bargaining agents, during the period of his disability, which benefits
shall be charged against his/her accumulated sick leave. If he/she
elects to do so, the amount of any award made to him/her by the Workers'
Compensation Board during a period for which he/she shall have received
sick leave benefits shall be paid to the City of Ithaca. Payments
made to the City under the provisions of this subsection shall be
credited to whatever fund the sick leave benefits shall have been
paid from.
[Amended 8-5-1992 by L.L. No. 3-1992]
D.
Authority of the Common Council. The Common Council
shall have power, by resolution, to adopt additional regulations not
inconsistent herewith governing sick leaves and sick leave procedure.
E.
Year. The term "year," as used herein, shall mean
the calendar year.
[1]
Editor's Note: Former § C-110, Vacations for certain
employees, was repealed 7-27-2011 by L.L. No. 2-2011.
[Amended 11-3-2021 by L.L. No. 2022-07[1]]
A.
Attendance to be authorized. The Common Council of the City of Ithaca
does hereby delegate and grant to the City Manager of said City the
power to authorize the attendance of all officials, officers and employees
of said City at official and unofficial conventions and conferences
of municipal officers or employees or any school conducted for the
betterment of municipal government if believed to be of benefit to
the municipality.
B.
Claims for expenses. Where authorization to attend a convention,
conference or school shall have been granted by the City Manager,
no claim for expenses shall be audited, allowed or paid unless there
shall have been an appropriation by the Common Council for these expenses
of travel and unless there shall be attached thereto a travel order
or similar document signed by the City Manager authorizing the claimant
to attend such conference, convention or school.
[1]
Editor's Note: This local law passed at referendum 11-8-2022.
[1]
Editor's Note: Former § C-112, United Fund payroll
deductions, was repealed 7-27-2011 by L.L. No. 2-2011.
The Common Council shall, by resolution, designate
as official papers one or two newspapers published in the City, and
every notice, statement, ordinance, resolution, rule and regulation
required or authorized to be published by this Charter or by any of
the boards of the City shall be published in one or both of said papers
as may be required or directed.
A.
BOARD
CHARTER
CITY
COMMON COUNCIL
COUNTY
LAW
LOCAL IMPROVEMENT
LOCAL LAW
MATERIALS
ORDINANCE
PERSON
RESOLUTION
STREET
TAX
WORK
Whenever used in this Charter, unless otherwise expressly
stated or unless the context or subject matter otherwise requires,
the following terms shall have the meanings indicated:
Includes a board, commission or agency of the City of Ithaca.[1]
The Ithaca City Charter.
The City of Ithaca in the County of Tompkins and State of
New York.
The elective governing body of the City of Ithaca.
The County of Tompkins in the State of New York.
A state statute, Charter, local law, ordinance or resolution.
Any public improvement or work, the expense of which is directed
by the Common Council to be assessed in whole or in part upon the
property or properties deemed benefited.
[Added 9-4-2013 by L.L. No. 3-2013]
A law adopted pursuant to the Municipal Home Rule Law or to other authorization of a state statute or this Charter by the Common Council or proposed by a Charter Commission or by petition and ratified by a popular vote, as provided in Article IV of the Municipal Home Rule Law or as provided in a state statute, this Charter or local law; but it shall not mean or include an ordinance, resolution or other similar act of the Common Council or of any other board or body of this City.
Includes supplies, stationery, books, furniture and repairs
to furniture.
A legislative act of the Common Council which is permanent
in nature, unless specifically self-limiting, general in its application
and may or may not contain penal provisions for its violation and
must be in written form. It shall be enacted in accordance with the
provisions hereinafter provided.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities capable of being sued.
A legislative act of the Common Council which is limited
in its application or of a temporary nature, or both, and shall include,
as used in this Charter, all orders, rules, motions and all other
legislative acts except local laws and ordinances. Unless specifically
provided, it need not be in writing.
Includes roads, highways, avenues, boulevards and alleys.
In addition to its usual meaning, includes water rents or
rates.
[Amended 9-4-2013 by L.L. No. 3-2013]
Includes improvements and repairs.
[1]
Editor's Note: Original § 7.17,
Subsection 6, definition of "his," which immediately followed this
definition, was deleted 8-5-1992 by L.L. No. 3-1992.
B.
A reference to any state law, statute or part or section
thereof shall be held to refer to such law, statute or part or section
as the same now exists or as it may from time to time be amended hereafter.
A.
If any clause, sentence, paragraph, word, section
or part of this Charter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
B.
The provisions of this Charter shall be liberally
construed to effectuate the objectives and purposes for which this
Charter and the Articles contained herein are enacted.
C.
The repeal or modification of any part of this Charter
now or hereafter shall not affect or impair any act done or right
accruing, accrued or acquired or penalty, forfeiture or punishment
or any bar, limitation or defense incurred under or by virtue of the
provision so repealed or modified, but the same may be asserted, enforced,
prosecuted or inflicted as fully and to the same extent as if such
provision had not been repealed or modified, except as bars, limitations
and defenses which it is specifically provided herein may not be asserted
or enforced against the City, its boards or officers; and all actions
or proceedings, civil or criminal, commenced under or by virtue of
any provision so repealed or modified and pending when the change
takes effect may be prosecuted and defended to final effect in the
same manner as they might under any such provision so repealed or
modified, unless it is otherwise specifically provided herein. Any
limitation or bar imposed by any provision repealed hereby shall be
computed from the time the same began to run; and if the whole time
thereof has been completed when the change takes effect, such bar
or limitation shall become absolute, except as to bars, limitations
and defenses which it is specifically provided herein may not be asserted
or enforced against the City, its boards or officers; but if the whole
time thereof has not been completed, the time thereof which has run
before the taking effect of the change shall be computed as a part
of the time provided by this Charter as such limitation or bar.
