A.
Composition.
There shall be a City Council of seven members, six are to be known
as "Councillors" and one is to be known as "Mayor." All members of
the City Council shall be nominated and elected at large.
B.
Eligibility.
Only qualified voters of the City shall be eligible to hold the office
of Councillor or Mayor. If the Councillor or Mayor following his/her
election or during his/her term of office shall remove his/her residence
from the City, that removal shall constitute immediate forfeiture
of the office so held by that person and a vacancy shall exist.
C.
Election
and term.
(1)
Elections.
[Amended 3-8-1995 by L.L.
No. 1-1995]
(a)
During the year 1995, the incumbent Mayor and the incumbent Councillors
shall serve respectively as Mayor and Councillors until the expiration
of their previously established terms.
(b)
Regular elections of Councillors shall be held at the general election
in every odd-numbered year and Councillors shall be elected for terms
of four years. Three Councillors shall be elected each odd-numbered
year. A Mayor shall be elected at the general election of 1995 and
every other odd-numbered year for a term of four years.
(2)
The terms of all Councillors and the Mayor shall begin on the first
day of January after their respective election, except as otherwise
provided in this Charter.
[Amended 1-23-1984 by L.L. No. 1-1984]
Under this Charter the Mayor shall receive an annual salary
of $7,000 and each Councillor shall receive an annual salary of $3,500,
and the Mayor and Councillors shall receive their actual and necessary
expenses incurred in the performance of their duties of office.
[Amended 9-10-2007 by L.L. No. 3-2007]
A.
The
Mayor shall be a voting member of the City Council. The Mayor shall
preside at meetings of the City Council and shall be recognized as
head of the City government, but shall have no administrative or executive
duties unless otherwise provided by this Charter or by law. The Deputy
Mayor shall act as Mayor during the absence or inability of the Mayor.
B.
The
City Council, at the first meeting following the first of January
of every even-numbered year, shall elect, from among its members,
an officer of the City who shall have the title of Deputy Mayor, and
who shall serve for a period of two years.
[Amended 9-10-2007 by L.L. No. 3-2007]
All powers of the City shall be vested in the City Council,
except as otherwise provided by this Charter or by law, and the City
Council shall provide for the exercise thereof and for the performance
of all duties and obligations imposed on the City by law.
[Amended 3-8-1995 by L.L.
No. 1-1995; 9-10-2007 by L.L. No. 3-2007]
A.
Holding
other office. Except where authorized by law, no Councillor or Mayor
shall hold any other City office or City employment, other than Deputy
Mayor, during the term for which he/she was elected, and no former
Councillor or Mayor shall hold any compensated appointive City office
or City employment until one year after the expiration of the term
for which he/she was elected or until one year after he/she leaves
office should that event be sooner.
B.
Appointments
and removal. Neither the City Council nor any of its members, including
the Mayor, shall in any manner dictate the appointment or removal
of any City employees whom the City Manager or any of his subordinates
are empowered to appoint, but the City Council may express its views
and fully and freely discuss with the City Manager anything pertaining
to appointment and removal of such employees.
[Amended 10-13-2020 by L.L. No. 3-2020]
C.
Interference
with administration. Except for the purpose of inquiries and investigations
under § C-14, the City Council and its members, including
the Mayor, shall deal with City officers and employees who are subject
to the direction and supervision of the City Manager solely through
the City Manager, and neither the City Council nor its members, including
the Mayor, shall give orders to any such officer or employee, either
publicly or privately.
[Amended 8-13-2001 by L.L. No. 2-2001; 9-10-2007 by L.L. No. 3-2007; 11-10-2014 by Ord. No. 16-2014]
A.
Vacancies.
The office of a Councillor and the office of Mayor or Deputy Mayor
shall become vacant upon the death, resignation, removal of residence
from the City, removal from office in any manner authorized by law
or forfeiture of the office.
B.
Forfeiture
of office. A Councillor or the Mayor shall forfeit the office if:
(1)
At any time during the term of office any qualifications for the
office prescribed by this Charter or by law are lacking;
(2)
Any express prohibitions of this Charter as set forth in § C-9
are violated;
(3)
Conviction of a crime involving moral turpitude occurs; or
(4)
Absence at three consecutive regular meetings of the City Council
occurs without being excused by the City Council.
C.
Filling
of vacancies.
(1)
Within 45 days from the effective date of this subsection, the Mayor
and City Council, shall appoint a Vacancy Committee, which shall consist
of a Chair and two members. The term of the Chair shall be five years.
The initial terms of the members shall be four years and three respectively.
The succeeding terms shall each be five years. The Mayor and City
Council, shall fill vacancies on the Committee as the same may occur.
(2)
Vacancies in the office of Mayor or Councillor, caused other than
by the expiration of the terms thereof, shall be filled, within 30
days, by the remaining members of the City Council according to the
following procedures:
(a)
On creation of a vacancy, the City Council shall schedule a vote
at a regularly scheduled or special meeting duly called to fill said
vacancy and shall notify the City Clerk of the date on which it intends
to take action to fill said vacancy. On notice of the existence of
a vacancy, the City Clerk of the City of Ogdensburg shall immediately
notify the Chair of the Vacancy Committee, which shall, within five
days thereof, convene a meeting of said Committee.
(b)
The Vacancy Committee shall solicit and receive nominations of persons
eligible to be appointed to the existing vacancy.
(c)
The Vacancy Committee shall recommend and present to the City Council
the names of three persons eligible and willing to serve as Mayor
or City Councilor. Said names shall be presented at least seven days
before the City Council meeting at which the City Council intends
on taking action to fill the subject vacancy.
(d)
The City Council shall review said recommendation and shall vote
to fill said vacancy. Each Councillor shall vote for one individual
from the list of persons recommended. The nominee receiving four or
more votes shall be named to fill the vacancy. In the event that none
of the candidates receives a vote of four members of the City Council,
the nominee who receives the least number of votes, or no votes, shall
be dropped and another vote shall ensue until a majority of votes
are cast for one individual. In the event of a three-way tie after
the first vote, the City Council shall then vote to eliminate one
name from the list of nominees. The nominee receiving the greatest
number of votes shall be eliminated from consideration. A vote on
the remaining two nominees shall then ensue. In the event of a tie
in the vote on two nominees, the City Council shall continue to vote
until a majority of votes are cast for one nominee. In the event that
more than one vacancy exists, the City Council shall vote, after filling
the first vacancy, to fill such additional vacancy using the two remaining
names from the list of recommended nominees according to the procedures
set forth herein.
(e)
If such vacancy occurs before July 25 of the current year, the term
of the appointed Mayor or Councillor shall be for the balance of such
calendar year.
(f)
If such vacancy occurs too late to be placed on the ballot at the
next ensuing general election preceding the end of the current year,
for the balance of the year; and if the term of office does not expire
at the end of such year, by further appointment to the end of the
next year, at which time the balance of the unexpired term, if any,
will be on the general election ballot.
D.
(Reserved)
E.
In
canvassing the results of the election, those persons equal to the
number of vacancies who receive the highest number of votes shall
be elected as Councillors as follows: the person receiving the highest
number of votes cast shall be deemed elected for the longest term;
the person receiving the second highest number of votes cast, for
the next longest term and so on to the end; and the inspectors of
election shall count the ballots and certify the result accordingly.
Notwithstanding the requirement in § C-16 that a quorum
of the City Council consists of four members, if at any time the membership
of the City Council is reduced to fewer than four the remaining member
or members may by majority action appoint additional members to raise
the membership to at least four. A vacancy in the office of Deputy
Mayor shall be filled by the City Council by election from among its
members.
[Amended 9-10-2007 by L.L. No. 3-2007]
The City Council shall be the judge of the qualifications of
its members and of the facts constituting grounds for forfeiture of
their office and for that purpose shall have power to subpoena witnesses,
administer oaths and require the production of evidence. A member
charged with conduct constituting grounds for forfeiture of office
shall be entitled to a public hearing on demand, and written notice
of such hearing shall be filed with the City Clerk and published in
the official newspaper of the City at least one week in advance of
the hearing. Decisions made by the City Council under this section
shall be subject to review by the courts.
[Amended 3-14-1988 by L.L. No. 1-1988; 9-10-2007 by L.L. No. 3-2007]
[Amended 9-10-2007 by L.L. No. 3-2007; 11-13-2017 by L.L. No. 1-2018]
A.
The
City Council, with the advice of the City Manager, shall appoint a
City Attorney who shall serve at the pleasure of the City Council.
B.
In
those matters within the scope of responsibility of the City Manager,
the City Attorney shall perform services at the discretion and supervision
of the City Manager.
[Amended 9-10-2007 by L.L. No. 3-2007]
The City Council may make investigations into the affairs of
the City and the conduct of any City department or office and for
this purpose may subpoena witnesses, administer oaths, take testimony
and require the production of evidence. Any person who fails or refuses
to obey such a lawful order issued in the exercise of these powers
by the City Council shall be dealt with as provided by the Penal Law
of the State of New York.
[Amended 3-8-1995 by L.L.
No. 1-1995; 9-10-2007 by L.L. No. 3-2007]
The City Council shall provide for an independent annual audit
of all City accounts and may provide for such more frequent audits
as it deems necessary. Such audits shall be made by a certified public
accountant or firm of such accountants who have no personal interest,
direct or indirect, in the fiscal affairs of the City government or
any of its officers. The City Council may, without requiring competitive
bids, designate such accountant or firm annually or for a period not
exceeding three years, provided that the designation for any particular
fiscal year shall be made prior to July 1 of such fiscal year. If
the State Comptroller makes such an annual audit, the City Council
may accept it as satisfying the requirement of this section.
[Amended 9-10-2007 by L.L. No. 3-2007]
A.
Meetings.
The City Council shall meet regularly at least once in every month
at such times and places as the City Council may prescribe by rule.
Special meetings may be held on the call of the Mayor or of two or
more members and upon no less than 24 hours' written notice to each
member. All meetings shall be public; however, the City Council may
recess for the purpose of discussing any matter in a closed session,
which is in compliance with New York State Public Officers Law, Articles
6 and 7, limited to its own membership, provided that final action
thereon shall not be taken by the City Council while in closed session.
B.
Rules
and minutes. The City Council shall determine its own rules and order
of business, and the minutes of its proceedings shall be a public
record.
C.
Voting.
Voting, except on procedural motions, shall be by roll call and the
ayes and nays shall be recorded in the minutes. Four members of the
City Council shall constitute a quorum. If a quorum does not exist,
those present may compel the attendance of absent members in the manner
and subject to the penalties prescribed by the rules of the City Council.
No action of the City Council except as otherwise provided in the
preceding sentence and in § C-10 shall be valid or binding
unless adopted by the affirmative vote of four or more members of
the City Council.
[Amended 9-10-2007 by L.L. No. 3-2007]
A.
In
addition to other acts required by law or by specific provision of
this Charter to be done by ordinance or by local law, those acts of
the City Council shall be by ordinance or by local law which:[1]
(1)
Provide for a fine or other penalty or establish a rule or regulation
for violation of which a fine or other penalty is imposed;
(2)
Levy taxes, except as otherwise provided with respect to the property
tax levied by adoption of the budget;
(3)
Grant, renew or extend a franchise;
(4)
Regulate the rate charged for its services by the holder of a franchise;
(5)
Convey or lease, or authorize the conveyance or lease, of any lands
of the City; and
(6)
Amend or repeal any ordinance or local law previously adopted.
[1]
Editor's Note: Original Subsection (1), which immediately
followed this sentence and dealt with adoption or amendment of an
administrative code, was deleted 12-9-1985 by L.L. No. 5-1985.
B.
Every
proposed ordinance shall be introduced in writing. An ordinance may
be introduced by any member of the City Council at any regular or
special meeting of the City Council. Upon introduction of any ordinance,
the City Clerk shall distribute a copy to each City Council member
and to the Manager, and shall file a reasonable number of copies in
the office of the City Clerk. The City Council shall fix a time and
place for a public hearing thereon and the City Clerk shall publish
a notice of such hearing setting out the time and place and describing
in summary form the consent of such proposed ordinance, at least seven
days before the date set for such hearing, in the official newspaper
of the City or, if no official newspaper has been designated, in a
newspaper of general circulation in the City. After the hearing, the
City Council may adopt the ordinance with or without amendments. Within
10 days after adoption, the Clerk shall have a notice of adoption
of such ordinance published which shall give the title of the ordinance
and describe the same in summary form, in the same manner as the notice
of such hearing. Every adopted ordinance shall become effective immediately
with regard to any person upon whom a copy thereof is served, together
with a certificate of the Clerk, setting forth the date of adoption
and shall become effective 10 days after its publication with regard
to all other persons. The City Council may adopt any standard code
of technical regulations by reference thereto in an adopting ordinance.
The procedure and requirements governing such an adopting ordinance
shall be the same as prescribed for ordinances generally, except that
the requirements for distribution and filing of copies of the ordinance
shall be construed to include copies of such code of technical regulations
as well as of the adopting ordinance, and a copy of each adopted code
of technical regulations as well as of the adopting ordinance shall
be authenticated and recorded by the City Clerk in the City Clerk's
office. It shall not be necessary to publish a copy of such code of
technical regulations in the notice of hearing or with the notice
of adoption thereof. However, copies of any adopted code of technical
regulations shall be made available by the City Clerk for purchase
at a reasonable price or as otherwise provided by the City Council.
C.
Notwithstanding
any other provision of law or of this Charter, any action by the City
Council to establish, alter or abolish any City department, office
or agency specified in this Charter shall be by local law.
[Amended 10-13-2020 by L.L. No. 3-2020]
