A.
Unless otherwise provided by law, it shall be the
duty of each officer and employee of the City during the period of
his or her employment by the City, to maintain his or her residence
and dwelling within the corporate limits of the City.
B.
The provisions of this section shall not apply to
any employee during a leave of absence duly granted. Failure to comply
with the provisions of this section shall constitute misconduct and
shall be cause for removal in the manner provided by law.
Each of the following officers and employees
in the administrative service of the City shall be required to take
an oath of office before entering upon the discharge of his or her
duties, which oath shall be subscribed by the person taking it and
shall be filed and preserved in the office of the City Clerk.
The Mayor and each department and division head
shall take the following oath of office before entering upon the discharge
of their official duties:
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State of New York
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County of Erie
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City of Lackawanna
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I, __________, do solemnly swear that I will
support the Constitution of the United States, the Constitution of
the State of New York, and the Charter, Local Laws and Ordinances
of the City of Lackawanna, that I will faithfully, honestly and impartially
discharge my duties as _____________________________ during my continuance
herein, that I am neither directly or indirectly pecuniarily interested
in any public service corporation engaged in business in the City
of Lackawanna, or in or with any person or corporation having contracts
with said City, so help me God.
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Subscribed and sworn to before me this __ day
of ___________, 20_____.
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City Clerk
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The members of the Department of Public Safety
shall take the following oath before entering upon the discharge of
their duties:
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I, _______________, do solemnly swear that I
will support the Constitution of the State of New York, and the Charter,
Local Laws and Ordinances of the City of Lackawanna, and that I will,
to the best of my ability, faithfully perform the duties of the office
of ___________________ during my continuance therein, so help me God.
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Subscribed and sworn to before me this _____
day of _______________, 20_____.
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City Clerk
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A.
The following named City officials shall each, before
entering upon the duties of their respective offices, give a good
and sufficient surety company bond to the City, duly approved by the
City Attorney, and conditioned upon the faithful performance and discharge
of their respective duties, and for proper application and payment
of all money or property coming into their hands by virtue of their
offices in the following amounts:
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Officer
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Amount of Bond
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Director of Administration and Finance
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$25,000
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City Treasurer
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$75,000
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Each employee in Treasurer's office
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$4,000
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City Clerk
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$5,000
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Each employee in City Clerk's office
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$4,000
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City Court Judge
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$5,000
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Each employee of the City Court
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$4,000
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Chief Engineer
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$5,000
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B.
In lieu of the foregoing, the Council may in its discretion
authorize a blanket undertaking pursuant to § 11 of the
Public Officers Law.
Each department in the administrative service
of the City shall be restrictive in allowing personnel to accept private
employment. All employees of the City who are employed in a full-time
capacity shall not accept private employment which will impair their
efficiency in the carrying out of their regularly assigned duties.
Each department head shall assign such personnel
as may be required to serve other administrative agencies, boards
and commissions. Such personnel assigned shall serve without extra
compensation and shall serve during regular office hours, wherever
practicable. If such personnel assignments are required at times other
than regular office hours, such time shall be added to holiday and
vacation periods. Members of the Police and Fire Divisions are excluded
from this section and the rules and regulations of the Department
of Public Safety shall govern such additional duties applying to members
of such Divisions.
Each department and division head shall be obliged
to appoint or assign only one person to each position for which there
is a budget appropriation, and if there be no budget appropriation,
then there shall be no appointment or assignment, unless it be to
a board or commission which is unsalaried and requires no appropriation
of monies.
[Amended 3-2-2010]
No person shall be appointed to more than one
appointive position within the City; provided, however, that any department
head may be simultaneously appointed to serve as head of any division
or office within his or her department and provided further that a
department head shall automatically assume the duties of the head
of any division or office within his or her department in the event
of a vacancy caused by death, resignation, removal or leave of absence
of the head of any division or office and to assume said duties during
the period of said vacancy. Except as hereby permitted, any other
person holding dual appointments must resign within 10 days from one
or the other of his appointments. This section does not apply to any
nonsalaried or uncompensated position on the City's duly constituted
boards, commissions or committees.
All fees paid by other governmental units for
services rendered by City employees shall be owing to the City and
not the personnel performing such services.
A.
Investigations, hearings, etc. The Council, pursuant
to its legislative powers, either itself or by any officer or person
designated by it, may investigate, inquire and examine the Mayor,
the department heads, or employees of any division, bureau or office
of the City relative to any provision of this chapter, and may conduct
and direct hearings according to law and subpoena officials and employees
of the City to attend and be examined at said hearings.
B.
Suspension, etc. Any person found by a majority of
the Council to be in violation of any section of this chapter, following
a hearing duly called, shall be suspended or disciplined in accordance
with the Civil Service Law.
A.
Elective public office in City. Any person permanently
appointed to, and holding a position in, the competitive or noncompetitive
class of the classified civil service of the City of Lackawanna who
is elected or appointed to an elective public office in the City service
shall be granted a leave or leaves of absence without pay from the
position so held by him or her by the head of the department or City
agency in which he or she is employed for the duration of the term
of his or her public office or any part or parts thereof, provided
such person makes written application for any such leave or leaves
of absence to the head the department or City agency in which he or
she is employed and specifically sets forth in said application the
title of the public office to which he or she has been elected or
appointed, the effective date of his or her election or appointment
and the period of time for which any such leave or leaves of absence
without pay is desired. The head of the department or City agency
granting such leave of absence without pay shall file with the City
Clerk, for presentation to the Council, a certificate setting forth
the date on which the leave of absence begins and ends, and shall
file a similar certificate with the City Civil Service Commission.
B.
Seniority. Such person who is granted a leave or leaves
of absence without pay from the competitive class position as hereinbefore
provided shall be entitled to full seniority credit for all purposes
for the duration of said leave or leaves of absence.
[Added 7-15-1996]
Pursuant to § 4.1, Lackawanna City Charter, it is hereby established that the salary for the office of the Mayor of the City of Lackawanna shall be determined annually at an amount $100 more than the salary provided for in the annual Budget Ordinance for the position of City Comptroller and to be not less than amount established by this ordinance.
