No officer or employee of the City of Beacon shall engage in
any conduct constituting a conflict of interest or a prohibited action,
as provided in Article 18 of the General Municipal Law of the State
of New York, nor shall such officer or employee fail to disclose any
interest required to be disclosed under such law. In addition to any
penalty provided by state law, such officer or employee who shall
knowingly and intentionally violate this section shall be removed
from office or employment in the manner provided by law or by this
Charter.
A.
Activities prohibited.
(1)
No person shall be appointed to or removed from or in any way
favored or discriminated against with respect to any city position
or appointive city administrative office because of age, handicap,
race, sex or political or religious opinions or affiliations.
(2)
No person shall willfully make any false statement, certificate,
mark, rating or report in regard to any test, certification or appointment
under the personnel provisions of this Charter or the rules and regulations
made thereunder or in any manner commit or attempt to commit any fraud
preventing the impartial execution of such provisions, rules and regulations.
(3)
No person who seeks appointment or promotion with respect to
any city position or appointive city administrative officer shall
directly or indirectly give, render or pay any money, service or other
valuable thing to any person for or in connection with his/her test,
appointment, proposed appointment, promotion or proposed promotion.
(4)
No person shall orally, by letter or otherwise solicit or assist
in soliciting any assessment, subscription or contribution for any
political party or political purpose whatever from any person holding
any compensated appointive city position.
(5)
No person who holds any elected or compensated appointive city
position shall solicit any contribution to the campaign funds of any
political party or any candidate for public office during working
hours, nor shall such person at any time use the name of the city
or his/her office for such purposes.
B.
Penalties. Any officer or employee of the city who shall: (1) make
a false or deceptive report or statement in the course of his/her
duties; (2) receive compensation except for payment from the city
for performance of any official duty; or (3) accept or receive any
gratuity from any person whose interest may be affected by his/her
official action shall be guilty of a misdemeanor and, if convicted,
shall forfeit his/her office or employment immediately upon conviction.
The Mayor, with the consent of the City Council, shall appoint
a commission at least every ten (10) years after the effective date
of this Charter to review the Charter and to make recommendations
to the Mayor and the City Council for revision or amendment.
This Charter shall only be amended by adoption of a local law
pursuant to the procedures set forth in the Municipal Home Rule Law.
Any person who shall violate any of the provisions of this Charter
for the violation of which no punishment has been provided herein
shall be deemed guilty of a violation and, upon conviction thereof,
shall be punished by a fine not exceeding two hundred fifty dollars
($250.) or by imprisonment not exceeding fifteen (15) days, or by
both such fine and imprisonment.
A.
No action or proceeding to recover or enforce any claim, debt or
demand against the city shall be brought until the expiration of thirty
(30) days after the same has been presented, in writing, to the City
Council. All actions brought against the city, upon any contractual
liability, express, implied or quasi-contract, must be begun within
one (1) year from the time when the cause of action accrued; or, for
injury to a person or property because of negligence, within one (1)
year and ninety (90) days from the time of receiving such injuries;
and, in all other cases, within six (6) months after the cause of
action accrued. No civil action shall be maintained against the city
for damages or injuries to persons or property sustained in consequence
of the existence of snow or ice upon any sidewalk, crosswalk, street,
path or place or in consequence of any street, highway, bridge, culvert,
sidewalk, crosswalk, grating, opening, drain or sewer being of faulty
design or construction, defective, out of repair, unsafe, dangerous
or obstructed unless, previous to the occurrence resulting in such
damages or injuries, written notice of the existence of such snow
or ice at the particular place or of the defects or unsafe, dangerous
or obstructed condition of the particular place shall have been filed
in the office of the City Clerk of the city, and it shall be made
to appear that there was a failure or neglect within a reasonable
time after the filing of such notice to remedy the condition.
B.
No civil action shall be maintained against the City of Beacon for
damages or injuries to person or property sustained in consequence
of the existence of a defect in any of the playground equipment, playing
fields, paths, grounds of any playground or public park owned, operated
or maintained by the City of Beacon or for a defect in any such equipment,
place or facility maintained at a public bathing beach, skating rink
or pond owned, operated or maintained by the City of Beacon unless,
prior to the occurrence resulting in such damage or injury, written
notice of the existence of such defect relating to the particular
equipment, playing fields, paths, grounds of any playground or public
park owned, operated or maintained by the City of Beacon shall have
been filed in the office of the City Clerk of the city and unless
it shall be made to appear that there was a failure or neglect to
remedy or repair such alleged defect or condition in the equipment,
facility or place or to cause the equipment, facility or place to
be otherwise made reasonably safe within a reasonable time after the
filing of such notice.
C.
All claims against the city for damages or injuries to person or
property alleged to have been caused by the misfeasance or negligence
of the city or any of its officers or employees shall be presented
to the City Council, in writing, within ninety (90) days after the
happening of the accident or injury out of which the claim arose.
Such writing shall describe the time when, the particular place where
and the circumstances under which the damages or injuries were sustained
and the cause thereof; it shall also state, so far as then practicable,
the nature and extent of the damages or injuries; shall also state
the place of residence of the claimant by street and number, and,
if there be no street or number, it shall contain such statement as
will disclose the place of residence; and all such claims shall be
verified by the oath of the claimants. The omission to present such
claim within ninety (90) days from the date when such alleged injuries
were received and to commence an action within one (1) year and ninety
(90) days from the time of such alleged injuries shall be a bar to
any claim or action therefor against the city; but no action shall
be brought upon any such claim until thirty (30) days have elapsed
after the presentation of the claim to the City Council.
D.
Nothing contained in this section shall be held to repeal or modify
any existing requirement or statute of limitations which is applicable
to this class of actions, but on the contrary shall be held to be
an additional requirement to the rights to maintain such action, nor
shall anything herein contained be held to modify any existing rule
of law relative to the question of contributory negligence nor to
impose upon the city any greater duty or obligation than that it shall
keep its streets and public places in a reasonably safe condition
for public use and travel.
E.
The place of trial of all actions or proceedings against the city
or any of its officers, boards or departments shall be the County
of Dutchess.
