City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Rochester City Council 11-25-1941. Amendments noted where applicable.]
[Added 5-21-1991 by Ord. No. 91-198; amended 12-21-2004 by Ord. No. 2004-406[2]]
City officials and employees traveling on official City business may receive a payment of a per diem allowance for meals not to exceed $38, which amount may be increased by the Budget Director every two years to reflect increases in the Consumer Price Index for All Urban Consumers (CPI-U) during the most recent twenty-four-month period prior to January 1 for which such index has been published, except that no such increase shall exceed 3%.
[1]
Editor's Note: Former § 14-1, Oaths of office, was repealed 4-26-1988 by Ord. No. 88-118.
[2]
Editor's Note: This ordinance provided an effective date of 1-1-2005.
[1]
Editor's Note: Former § 14-2, Official and employee bonds and indemnify agreements, as amended, was repealed 11-10-1992 by Ord. No. 92-403.
[Amended 2-14-2006 by Ord. No. 2006-22]
No officer or employee of the City of Rochester shall accept any compensation, gift or gratuity for doing any work or services arising from or in connection with his or her said office or position, or the duties thereof, or which he or she is able to do or has the opportunity to do, solely because of his or her said office or position, or because of the duties imposed thereby. This shall not be construed as prohibiting costs and fees specifically allowed by law or fees for furnishing minutes of testimony in legal actions or proceedings. Any person offending against the provisions of this section shall be punishable by a fine not exceeding $150 or by imprisonment not exceeding 150 days, or by both.
All fees received by any officer or employee for the issuing of any license or permit or the performance of any service shall be daily transmitted to the City Treasurer.
[Amended 11-10-1992 by Ord. No. 92-403]
The head of any department of the City of Rochester, against the funds of which payments from time to time under the Workers' Compensation Law are chargeable by reason of the death or injury of an employee of such department, is hereby authorized, subject to the approval of the Council, to grant the written approval of the City of Rochester required under § 29 of the Workers' Compensation Law to the settlement of claims against third persons by employees of such department or their dependents for injuries arising in the course of and out of their employment but through the acts or omissions of such third persons not in the employ of the City of Rochester.
[Amended 9-9-1947; 5-11-1954; 11-10-1992 by Ord. No. 92-403; 11-10-1992 by Ord. No. 92-404]
A. 
Bonds and insurance policies required for street encroachments and by plumbers and contractors shall be the custody of the Commissioner of Environmental Services and filed in his or her office. All other bonds and insurance policies filed with the City, except bonds required by state law to be filed in or with some other specific office or officer, shall be in the custody of the Director of Finance and filed in his or her office.
[Amended 2-14-2006 by Ord. No. 2006-22]
B. 
The heads of all departments and every officer and employee who has now in their or in his or her custody any bonds or insurance policies shall, with all convenient speed, deliver the same to the officer specified above and hereafter all bonds and insurance policies delivered to the head of any department or any officer or employee of the City of Rochester shall be delivered to the officer specified above immediately upon the endorsement thereon of the approval of the Director of Finance as to sufficiency of surety and the Director of Finance as to form and method of execution.
[Amended 2-14-2006 by Ord. No. 2006-22]
C. 
All bonds and insurance policies filed with the City must be approved by the Director of Finance as to form and method of execution before acceptance and filing.
[Amended 11-10-1992 by Ord. No. 92-403; 2-14-2006 by Ord. No. 2006-22]
All contracts, bonds and papers in connection with contracts entered into pursuant to action of the Board of Contract and Supply, subsequent to January 1, 1927, and the original of all contracts thereafter entered into by the City of Rochester shall be in the custody of the Director of Finance to be kept by him or her in the vault in his or her office.
[Amended 11-1-1992 by Ord. No. 92-403]
All contracts, deeds, documents, bonds, abstracts of title and all other records and indices relating to the same, together with miscellaneous agreements now kept in the vault of the Assessor, and all deeds, conveyances and abstracts thereafter received shall be in the custody of the Department of Finance, excepting the documents relating to contracts entered into pursuant to the authority of the Board of Contract and Supply subsequent to January 1, 1927.
The heads of all departments and members of their staff shall with all convenient speed, from time to time, deliver for custody all documents and papers of the kind hereinbefore described, hereafter received as hereinbefore provided.
[Amended 11-12-1946; 8-10-1948; 3-25-1958; 6-8-1965; 1-27-1970 by Ord. No. 70-36; 11-12-1985 by Ord. No. 85-480; 11-10-1992 by Ord. No. 92-403]
A. 
When, by the terms of any law or ordinance, some act, work or thing is required to be done in, upon, about or in connection with real property or a structure thereon or street adjoining thereto, such act, work or thing must be done by the owner, occupant or tenant of such real property, and in case of failure of such owner, occupant or tenant to do the same, an officer of the City is authorized to do or cause to be done such act, work or thing, after a notice to comply with such requirement within the time determined by such officer has been served upon the owner in the manner prescribed in the City Charter,[1] and the said officer does such work or causes the same to be done, the expense incurred shall be assessed upon said real property as described in the manner prescribed in the City Charter.
[1]
Editor's Note: See Charter § 6-92.
B. 
When a structure or material is constructed, maintained or placed upon real property or upon a structure thereon or upon, in or over a street adjoining thereto, contrary to or in violation of the terms of an ordinance, or when a permit for a street encroachment has been revoked, such structure, encroachment or material must be removed by the owner, occupant or tenant of such real property, or in case of the failure of such owner, occupant or tenant to do the same, the Commissioner of Environmental Services is authorized to remove or cause to be removed such structure, encroachment or material, after a notice to comply with the requirement for the removal of the same within the time determined by the Commissioner has been served upon the owner in the manner prescribed by the City Charter,[2] and the expense incurred shall be assessed against real property as prescribed in the City Charter.
[2]
Editor's Note: See Charter § 6-92.
C. 
All work done by the City on failure of the owner to comply with notice to have such work performed shall be charged to the owner on the following basis:
(1) 
When such work is performed by City forces, the costs of labor, materials and equipment shall be calculated and billed as prescribed by the administrative regulation of the Mayor covering this subject. Such regulation shall provide for recovery by the City of all costs incidental to the work performed, including employee benefits, administrative, general, technical, engineering, clerical, billing, purchasing, freight and warehousing costs.
(2) 
When such work is let by contract, the amount paid to the contractor, plus 5% of such amount to cover cost of clerical work and City inspection.
[Added 5-12-1992 by Ord. No. 92-185; amended 6-15-1999 by Ord. No. 99-213; 6-16-2009 by Ord. No. 2009-190]
There shall be a minimum nonrefundable fee of $15 for all nonpromotional civil service examinations, payable upon application for such examination. The Executive Secretary to the Civil Service Commission is authorized to establish a nonrefundable fee not to exceed $25 for nonpromotional civil service examinations with a high cost of development or administration, such as computer-based, oral performance or commercially produced examinations. The Civil Service Commission is authorized to adopt rules and regulations to provide for waivers of such fees based upon the need of the applicant or where waiver is deemed to be in the best interests of the City. City employees applying for promotional examinations shall pay a nonrefundable fee for both state and local examinations equivalent to the fee charged to the City by New York State for promotional examinations.
[1]
Editor's Note: Former § 14-11, Office hours, as amended 4-24-1955, was repealed 9-12-1978 by Ord. No. 78-463.
[1]
Editor's Note: Former § 14-12, Vacations and sick leave for hourly and per diem employees, was repealed 8-11-1964.
[1]
Editor's Note: Former § 14-13, Police and fire; assigned holiday work; compensatory time off or payment, was repealed 9-12-1978 by Ord. No. 78-463.
[1]
Editor's Note: Former § 14-14, Salary of City Court Judge, as last amended 1-27-1976 by Ord. No. 76-26, was repealed 9-12-1978 by Ord. No. 78-463.
[Amended 1-27-1970 by Ord. No. 70-19; 3-9-1982 by Ord. No. 82-100; 2-2-1988 by Ord. No. 88-21; 3-16-1999 by Ord. No. 99-76]
The compensation of the citizen members of the Board of Assessment Review shall be as follows: an hourly fee of $25 for each hour spent in the performance of their duties, not to exceed the amount of $200 for any single day.
[Amended 3-9-1965 by Ord. No. 65-56; 9-12-1978 by Ord. No. 78-463; 11-12-1985 by Ord. No. 85-480; 11-10-1992 by Ord. No. 92-403]
The salaries and compensation of officers and employees of the City of Rochester, except laborers, now paid weekly, or who may hereafter be paid daily, shall be computed biweekly and paid within two weeks after the close of such biweekly period. The Director of Finance, Treasurer and the heads of all departments are hereby authorized to take the necessary steps for such payment of said salaries and compensation at the times specified in this section. When certified to the Mayor by the head of any department that payment of wages on a daily basis is necessary in the public service because of abnormal conditions in the labor market, the Mayor may authorize such wages to be paid daily, on time cards, prior to the preparation of payrolls.
A. 
Wages and salaries shall be listed upon payrolls and paid in cash or by check.
B. 
When payment is made in cash, except when wages are paid on a daily basis, receipt of such wages or salary shall be acknowledged upon the payroll by the separate receipt for the amount set forth therein by the person receiving the same, except that when payment is made on a daily basis pursuant to authorization of the Mayor, receipt of such wages may be acknowledged on a City time card for the wages due thereunder duly issued to the employee.
[Amended 11-12-1985 by Ord. No. 85-480]
C. 
When payment is made by check, the person receiving the same shall, at the time of the receipt of such check, execute the following receipt on the reverse side of said check: "This check is accepted in full satisfaction of all wages, salaries, deductions and/or materials furnished during the payroll period on the payroll for which this check is drawn."
D. 
Every City officer, employee or other person receiving from the City wages or salary, who has signed such receipt upon such payroll or time card as having received the amount mentioned in such payroll or time card in full payment for services rendered by him or her for the period specified in such payroll or time card or such receipt or such check, shall be deemed to have made an accord and satisfaction of all claims against the City for the period covered by such receipt upon the payroll or, when payment is made by check, for the payroll period on the payroll for which such check is drawn, unless he or she shall endorse upon the payroll so receipted by him or her or upon the reverse side of the check at the time he or she receives the same that the amount of such wages or salary is received under protest.
[Amended 2-14-2006 by Ord. No. 2006-22]
E. 
No recovery shall be had against the City for any additional wages, salary, deductions and/or materials furnished during the period of time covered either by the payroll or time card so receipted by him or her, or for the payroll period on the payroll for which such check is drawn, unless such protest is written legibly upon such payroll or time card, or legibly endorsed upon such check at the time such officer or employee receives the same.
[Amended 2-14-2006 by Ord. No. 2006-22]
F. 
The Comptroller is hereby authorized and empowered in his or her discretion to direct that wages or salaries shall not be paid except upon such receipt being signed upon the payroll or upon the time card or upon such check by the City officer, employee or other person receiving wages or salary.
[Amended 1-23-1951; 2-14-2006 by Ord. No. 2006-22]
In case the Council has heretofore determined or hereafter determines it to be impracticable to procure work to be done by competitive contract, and an officer or board of the City hires or employs some person or corporation to do such work, such officer or board is hereby authorized to require such person or corporation to execute and deliver a bond for the faithful performance of such work and indemnifying the City against all loss, liability or damages incurred by or because of the doing of such work.
[Amended 11-10-1992 by Ord. No. 92-403; 2-14-2006 by Ord. No. 2006-22]
For the issuance or granting by the City or any of its boards, officers or employees of any permit or license for which no fee is otherwise prescribed by law or ordinance, an annual fee for the whole or part of any year of $1 is hereby required, unless otherwise prohibited by law, and shall be paid as a further condition for such granting or issuance. In the case of continuing rights or privileges of indefinite duration, or where such rights or privileges continue for more than one year from the date of issuance, an annual fee shall be paid in January of each year as a further condition of the existence of such rights or privileges, unless the same are part of an agreement for the acquisition of rights or easements by the City. Such fees shall be paid to the board, officer or employee authorized to issue the same, and by him or her shall be immediately paid to the City Treasurer and credited to the general fund of the City. The Director of Finance is hereby authorized to make regulations respecting the issuance of receipts and methods of accounting as he or she may deem for the best interests of the City.
[Amended last 6-17-2003 by Ord. No. 2003-217; 10-17-2006 by Ord. No. 2006-331[1]]
The compensation of Inspectors of Election of the City of Rochester shall be fixed and paid by the County of Monroe.
[1]
Editor's Note: This ordinance stated that it would take effect retroactively to 9-12-2006.
[1]
Editor's Note: Former § 14-21, Voting machines, was repealed 10-17-2006 by Ord. No. 2006-331.
The Council of the City of Rochester, Monroe County, New York, approves of the inclusion of the officers and employees of the City of Rochester, County of Monroe and State of New York, in the New York State Employees' Retirement System, which system is provided for by Chapter 741 of the Laws of 1920, as amended, being Article 4 of the Civil Service Law, and which inclusion, together with the conditions of same, is provided for by Chapter 591 of the Laws of 1920, being Article 5 of the Civil Service Law.
[1]
Editor's Note: Former § 14-23, Use of privately owned automobiles, as last amended 3-9-1976 by Ord. No. 7678-82, was repealed 9-12-1985 by Ord. No. 78-463.
[Added 7-3-1946; amended 12-26-1961]
Any City employee shall have the right to join any organization which is loyal to the United States and does not claim the right to strike against the public. Any City employee or committee of City employees and/or their representatives selected by organized or unorganized employees may present grievances, complaints and recommendations relating to conditions of employment to the respective department heads.[1]
[1]
Editor's Note: See also Ch. 9, Grievance Procedure.
[Added 12-22-1961; amended 11-10-1992 by Ord. No. 92-403; 2-14-2006 by Ord. No. 2006-22]
The Director of Finance is authorized to deduct from the wages or salary of any employee of the City such amount that such employee may specify in writing, filed with the Director of Finance, for the payment of dues in a duly organized association, organization or union of civil service employees, and to submit any sum so deducted to said association, organization or union. The Director of Finance may adopt such rules and regulations as he or she shall deem necessary to effectuate the above authorization.
[Amended 11-12-1985 by Ord. No. 85-480]
A. 
The Mayor is hereby authorized to recognize a duly organized union or employee organization as the bargaining agent for an appropriate unit of City employees upon submission to him or her of satisfactory proof that said union or organization is representative of the unit. Such recognition shall be extended to unions or organizations, provided that such unions or organizations do not hinder or impede the administration of the government of the City of Rochester.
B. 
Upon recognition of a union or employee organization, the Mayor is authorized to engage in negotiations with said recognized union or organization and to execute a collective bargaining agreement concerning wages, hours and all other conditions.