City of Beacon, NY
Dutchess County
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Table of Contents
Table of Contents

Sec. 3.00 Powers and duties of Mayor.

1. 
The Mayor shall appoint, subject to Council approval, all city employees, department heads and administrative officers provided for by this Charter, created by the Council, authorized or approved by the Council or required by State Law.
2. 
The Mayor shall have the power to remove, suspend or terminate any and/or all city employees, department heads, and/or administrative officers where and when the Mayor deems it necessary, except as otherwise provided for by this Charter or personnel rules adopted pursuant to this Charter and/or state law.
[Amended 3-16-1992 by L.L. No. 2-1992]
3. 
The Mayor may authorize any administrative officer who is subject to the Mayor's authority and supervision to exercise any of the Mayor's powers with respect to subordinates in that officer's department, office or agency.
[Amended 3-16-1992 by L.L. No. 2-1992]
4. 
The Mayor shall direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this Charter or by law.
5. 
The Mayor shall see that all laws, provisions of this Charter and acts of the Council subject to enforcement by the Mayor or by officers or subject to the Mayor's direction and supervision are faithfully executed.
[Amended 3-16-1992 by L.L. No. 2-1992]
6. 
The Mayor shall prepare and submit the annual budget and capital program to the Council.
7. 
The Mayor shall submit to the Council and make available to the public by March 1 each year a complete written report on the finances and administrative activities of the city as of the end of the prior year.
8. 
The Mayor shall make such other reports as the Council may require concerning the operations of city departments, officers and agencies subject to the Mayor's direction and supervision.
[Amended 3-16-1992 by L.L. No. 2-1992]
9. 
The Mayor shall keep the Council fully advised as to the financial condition and future needs of the city and make recommendations to the Council concerning the affairs of the city.
10. 
The Mayor shall perform such other duties as are specified in this Charter or may be required by the Council.
11. 
The Mayor shall sign all contracts when authorized and approved by the Council.
12. 
The Mayor shall designate a purchasing agent who shall be responsible for all city purchases.
13. 
The Mayor, as the chief executive officer of the city government, shall represent the city at functions which require official representation.
[Added 7-1-1991 by L.L. No. 5-1991]
14. 
The Mayor shall notify the City Council of the expiration dates of all appointed positions that are subject to this provision, at least sixty (60) days prior to said expiration date. The Mayor shall also post a notice at City Hall and publicly announce all such expiration dates at the same time as Council notification. Resignations shall be announced at the first Council meeting following the receipt of said notice of resignation by the Mayor.
[Added 8-3-1992 by L.L. No. 12-1992]
15. 
Nominations and applications for such positions shall be accepted from both the Council and the public for a two-week period following said notification. Applications received by the Mayor prior to the notification set forth above shall also be considered for these positions.
[Added 8-3-1992 by L.L. No. 12-1992]
16. 
Proposed appointments by the Mayor will not be added to the agenda between the adjournment of a workshop session and the commencement of the following City Council meeting.
[Added 8-3-1992 by L.L. No. 12-1992]

Sec. 3.01 Acting City Administrator.

[Added 6-15-2009 by L.L. No. 9-2009]
A. 
The City Council hereby creates the position of Acting City Administrator who may be appointed by the Mayor, subject to Council approval, whenever the Mayor determines that:
(1) 
The City Administrator is medically unable to perform his or her duties full-time;
(2) 
The City Administrator is or will be on a leave of absence or vacation for more than five (5) days;
(3) 
The City Administrator is prevented by an emergency from carrying out his or her duties;
(4) 
The City Administrator has resigned or is terminated.
B. 
Qualifications.
(1) 
If the Acting City Administrator is expected to perform for less than three (3) consecutive months, the Acting Administrator shall possess a baccalaureate degree from an accredited college or university or at least one (1) year of special training in public administration and finance or at least three (3) years' successful experience in a responsible executive position in governmental administration, or any equivalent training or combination of experience and training sufficient to indicate capacity for effective governmental administration.
(2) 
If the Acting Administrator is expected to or does perform in that capacity for more than three (3) consecutive months, the Acting City Administrator's qualifications shall be a baccalaureate degree from an accredited college or university and at least one (1) year of special training in public administration and finance and at least three (3) years' successful experience in a responsible executive position in governmental administration, or any equivalent training or combination of experience and training sufficient to indicate capacity for effective governmental administration.
C. 
Upon determination by the Mayor of the existence of any of the events set forth in Subsection A, the Mayor's appointment of the Acting City Administrator shall commence on a date designated by the Mayor. The Acting City Administrator shall have all the powers and perform all the duties of the City Administrator during any period of the City Administrator's absence.
D. 
The Acting Administrator shall terminate upon the City Administrator's resumption of his or her duties full time.
E. 
The Acting City Administrator's compensation shall be determined by the Mayor, subject to Council approval.
F. 
The Mayor or the Council may require certification from a medical doctor that the City Administrator is able to resume full-time duties where the City Administrator's absence is due to medical reasons.
G. 
The Acting City Administrator's term of appointment shall not exceed six (6) months unless reappointed by the Mayor with Council approval prior to the expiration of the six-month period.
H. 
An appointment of an Acting City Administrator shall be made no later than sixty (60) days after any of the events set forth in Subsection A occurs, as may be determined by the Mayor.

Sec. 3.02 City Administrator.

[Amended 7-1-1991 by L.L. No. 5-1991]
A. 
The Mayor shall appoint a City Administrator subject to an affirmative vote of a majority of the Council members. The City Administrator shall serve at the pleasure of the Mayor. Prior to appointment, the City Administrator shall be qualified with a baccalaureate degree from an accredited college or university and at least one (1) year's special training in public administration and finance and by at least three (3) years' successful experience in a responsible executive position in governmental administration, or by any equivalent training or combination of experience and training sufficient to indicate capacity for effective governmental administration. The City Administrator shall attend all Council meetings and shall have the right to take part in discussion, but may not vote.
B. 
The City Administrator shall, as directed by the Mayor:
a. 
Supervise the operations of all departments and units of the city government. As the Supervisor of all department heads, the City Administrator has the authority to discipline any department head for cause, up to but not including termination.
[Amended 7-19-2004 by L.L. No. 18-2004]
b. 
Prepare or cause to be prepared and submit to the Mayor an annual budget and a capital program pursuant to the provisions of Article 5 of the Charter and Code, and when the same has been approved by the Mayor and the Council, administer the operations under his/her jurisdiction and within those budgetary provisions.
c. 
Report to the Mayor on the needs, finances and progress of the city in conforming to its Comprehensive Plan, with such recommendations for action by the Council.
d. 
Promulgate a personnel and salary plan and, when it is approved by the Council, faithfully execute and adhere to its provisions, and in the same manner revise and update such plans as may be necessary.
e. 
Negotiate, on behalf of the city, agreements with recognized employee representatives on conditions of employment, wages, employee sick leave, vacations, compensatory time off, health insurance, retirement plans and such other personnel matters as may be negotiated, and recommend to the Mayor necessary action thereon as they may deem necessary.
f. 
He shall see that all laws and provisions of the Charter and the Code and directions of the Council, subject to enforcement by him or officers subject to his supervision, are faithfully executed.
[Amended 10-16-2000 by L.L. No. 16-2000]
g. 
Promulgate a uniform purchasing plan for the procurement of all goods and services required in the administration of the city government, and when approved by the Mayor and the Council, faithfully administer the same.
h. 
Execute such purchasing and service contracts as may be required for the effective administration of the government and the care of its equipment and property under such general authorization as he/she may request and the Mayor and the Council may, by resolution, grant.
i. 
Authorize the attendance of city officials and employees at meetings, seminars and other such gatherings and functions, within budgetary limits or upon special action by the Council.
j. 
Authorize functions and duties not otherwise provided for by the Charter and Code, to units of his/her own choosing, and to transfer employees from one unit to another, temporarily or permanently, as he/she may deem appropriate.
k. 
Act promptly to deal with minor emergencies and breakdowns in city service, and assign administrative resources as available and needed to deal with major emergencies.
l. 
Pursue grant proposals that may benefit the city.
m. 
Carry out such related and nonconflicting duties as may be directed by the Mayor, or as the Council may, by resolution, empower the Mayor to assume, within the constraints imposed by the Charter and Code.
n. 
Approve each voucher, claim or account presented.
[Added 8-3-1992 by L.L. No. 11-1992]
o. 
Sign all orders and vouchers for any material or services ordered, rendered, delivered or used.
[Added 8-3-1992 by L.L. No. 11-1992]
p. 
Approve all bonds or other security and all public liability and property damage insurance policies required by this Charter and the Code of Ordinances to be given in favor of the city and its inhabitants.
[Added 8-3-1992 by L.L. No. 11-1992]

Sec. 3.04 Removal of Administrator.

The Mayor, with the consent of the council, may remove the Administrator from office in accordance with the following procedures:
1. 
The Mayor shall submit to the Council a preliminary resolution which must state the reason for removal and may suspend the Administrator from duty for a period not to exceed thirty (30) days. A copy of the resolution shall be delivered promptly to the Administrator.
2. 
Within fifteen (15) days after a copy of the resolution is delivered to the Administrator, the Administrator may file with the Council a written response to the preliminary resolution.
[Amended 3-16-1992 by L.L. No. 2-1992]
3. 
The Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members, at any time after the expiration of fifteen (15) days from the date when a copy of the preliminary resolution was delivered to the Administrator. The Administrator shall continue to receive his salary until the effective date of a final resolution of removal.
[Amended 7-1-1991 by L.L. No. 5-1991]

Sec. 3.05 Acting Mayor.

[Added 9-21-2009 by L.L. No. 14-2009]
1. 
Title. This local law shall be entitled “A Local Law Adding to the City Charter Section 3.05 to the Powers and Duties of the Mayor to Appoint an Acting Mayor.”
2. 
Intent and purpose. This local law provides for the creation of the position of Acting Mayor, who shall be appointed by the Mayor to assure that the office and powers of the Mayor are properly executed in the absence of the Mayor from office or where the Mayor’s disability causes his/her absence, preventing the Mayor from executing the functions of the Mayor’s office.
3. 
Appointment of Acting Mayor.
a. 
The City Council hereby creates the position of Acting Mayor, who shall be appointed by the Mayor, subject to City Council approval, within three (3) months of the City of Beacon’s reorganization meeting.
b. 
In the event of a tie vote of the City Council on the approval of the Mayor’s appointment of an Acting Mayor, the Mayor’s appointment shall stand.
4. 
Qualifications of Acting Mayor. The Acting Mayor shall be a member of the City Council at the time of appointment.
5. 
Duties of Acting Mayor. The Acting Mayor shall have all the powers and perform all the duties of the Mayor during any period of the Mayor’s absence from office and shall be entitled to cast one (1) vote as Acting Mayor and no vote as a Council member.
6. 
Term of service. The Acting Mayor shall cease serving as Mayor upon the termination of the Mayor’s absence and resumption by the Mayor of his/her mayoral duties.
7. 
Compensation. The Acting Mayor will not receive compensation for services as Mayor.
8. 
Determination. The determination of whether a vacancy exists in the elective office of Mayor shall be made as set forth in City Charter Section 2.08 and the Public Officers Law. If there is a conflict between the language of this local law and Section 2.08 or the Public Officers Law, the terms of Section 2.08 or the Public Officers Law shall supersede the provisions of this law.
9. 
Effective date. This law shall take effect immediately upon its filing in the office of the Secretary of State.