City officers, under this act, shall include all persons elected or appointed to any office of the city created or authorized by this act or otherwise by law.
There shall be a Mayor and six Council Members elected by registered voters of the City of Peekskill at large, and such other officers as may be provided by law.
There shall be appointed by the Common Council a City Manager, a City Judge, Assistant City Judge, five members of the Board of Assessment Review, seven members of the Zoning Board of Appeals, seven members of the Planning Commission and seven members of the Parks, Conservation, Historic Districts Landmarks Preservation Review Commission and such other appointees or employees as may be provided by law.
(a) 
Qualifications. The Common Council shall appoint a City Manager to serve at the pleasure of the Common Council and fix compensation. The said City Manager shall be appointed solely on the basis of executive, administrative and professional qualifications. The City Manager shall have:
[Amended 1-13-2020 by L.L. No. 1-2020]
1. 
A master's degree, or an equivalent graduate degree, and shall have had at least three years' experience in a managerial or administrative position in a local government; or
2. 
A bachelor's degree, or an equivalent degree, and shall have had at least five years' experience in a managerial or administrative position in a local government.
Preference shall be given to those with previous city, town or Village Manager experience. No elected official of the City shall be eligible for the position of City Manager until the expiration of at least one year after separation from the City government.
(b) 
Removal. The Common Council may remove the City Manager from office in accordance with the following procedures:
(1) 
The Common Council shall adopt by affirmative vote of a majority of all its members a preliminary resolution, which must state the reasons for removal and may suspend the City Manager from duty for a period not to exceed 30 days. Such suspension shall not deprive the City Manager of salary for such period, but no reimbursable expenses may be charged to the city or to a city department by the suspended City Manager for the term of such suspension. A copy of the resolution shall be delivered to the City Manager personally or by leaving it at the office of the City Manager in the city within five days after its adoption.
(2) 
The Common 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 five days from the date when a copy of the preliminary resolution was delivered to or served upon the City Manager.
(3) 
The City Manager shall continue to receive salary until the effective date of the final resolution of removal. The action of the Common Council in suspending or removing the City Manager shall not be subject to review by any court or agency. The City Manager shall receive three months' salary after the effective date of the final resolution of removal.
(c) 
Acting City Manager. By letter filed with the City Clerk, the City Manager shall designate, subject to the approval of the Common Council, a city administrative officer to exercise temporarily the powers and perform the duties of the City Manager as provided in § C47 of this Charter. The Common Council may withdraw such approval at any time.
(d) 
Powers and duties of the City Manager. The City Manager shall be the chief administrative officer of the city, responsible to the Common Council for the administration of all city affairs placed in the Manager's charge by or under this Charter, having the following powers and duties:
(1) 
To appoint and, when deemed necessary for the good of the service, suspend or remove city employees and appointive administrative officers provided for, by or under this Charter, except as otherwise provided by civil service or other law, by this Charter or by personnel rules adopted pursuant to this Charter; to authorize any administrative officer who is subject to his/her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency.
(2) 
To direct and supervise the administration of all departments, offices and agencies of the city and all paid employees of the city, except the City Manager shall have no jurisdiction or control over the volunteer firefighters of the Peekskill Fire Department, who shall remain under the control of the Common Council, except as herein otherwise provided.
(3) 
To attend all Common Council meetings ex officio and shall have the right to take part in discussion, but may not vote.
(4) 
To see that all laws, provisions of this Charter and acts of the Common Council subject to enforcement by the City Manager or by officers subject to the City Manager's direction and supervision are faithfully executed.
(5) 
To prepare and submit the annual budget and capital program to the Common Council.
(6) 
To submit to the Common Council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year.
(7) 
To make such other reports as the Common Council may require concerning the operations of city departments, offices and agencies subject to the City Manager's direction and supervision.
(8) 
To keep the Common Council fully advised as to the financial condition and future needs of the city and make such recommendations to the Common Council concerning the affairs of the city as deemed desirable.
(9) 
As purchasing agent of the city, the City Manager shall:
(i) 
Contract for, purchase or lease, store and distribute all supplies, materials and equipment required by any office, department or agency of the city.
(ii) 
Establish and enforce specifications with respect to all supplies, materials or equipment purchased or leased by him/her.
(iii) 
Have charge of such general storerooms, warehouses and supply pools as the Common Council may authorize, making the proper charges to the offices, departments and agencies for the supplies, materials and equipment used therefrom.
(iv) 
Transfer to or between offices, departments or agencies, or sell, surplus, obsolete or unused supplies, materials and equipment, making the proper accounting charges for the offices, departments and agencies involved.
(v) 
Make arrangements for a cash account, not exceeding $500, for the emergency purchase of needed supplies, materials or equipment directly by any offices likely to require such emergency purchasing and for prompt reports of such purchases to the Comptroller.
(vi) 
Assure the regularity of all purchases made and contracts executed. All such purchases and contracts shall be pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be issued to any vendor unless and until the Comptroller is satisfied that there is credited to such office, department or agency a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment or contractual services for which the order or contract is to be issued.
(10) 
To perform such other duties as are specified in this Charter or may be required by the Common Council.
(11) 
To authorize any officer or employee of the City of Peekskill and its agencies to attend an official or unofficial convention or conference of municipal officers or employees, or to attend any school conducted for the betterment of municipal government, if believed to be of benefit to the city, in accordance with § 77-b of the General Municipal Law, as amended.
(12) 
(Reserved)
(13) 
To provide staff support service for the Mayor and Council members.
(a) 
Creation of departments. The Common Council may establish city departments, offices or agencies in addition to those created by this Charter, and may prescribe the functions of all departments, offices and agencies.
(b) 
Direction by City Manager. Each department, office and agency under the direction and supervision of the City Manager shall be administered by a person appointed by and subject to the direction and supervision of the City Manager. With the consent of the Common Council, the City Manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them.
There shall be appointed by the City Manager, with the consent of the Common Council, a Corporation Counsel, Assistant Corporation Counsel, two City Marshals, a City Clerk and a Comptroller.
(a) 
Every person elected or appointed to office shall possess the qualifications prescribed by § 3 of the Public Officers Law except as modified herein. Only registered voters of the City of Peekskill who have been residents of the City of Peekskill for a minimum of three years shall be eligible to hold the office of Common Council member or Mayor. No person shall be eligible to hold the office of City Judge or Assistant City Judge of the City Court of the City of Peekskill unless he/she shall have been admitted to practice as an attorney and counselor in the Supreme Court of the State of New York and shall have had at least five years' active practice of his/her profession in the State of New York and shall maintain either residence or a principal place of business in the city. No person shall hold the office of City Judge or Assistant City Judge unless he/she shall be a resident of Westchester County.
(b) 
City residency shall not be required as a qualification for the office of any appointed official of the city other than the City Manager, Assistant City Manager, Chief of Police and the City Clerk. The Common Council, where applicable, and the City Manager shall give preference to applicants for city employment who are residents of the city where qualifications and experience are equal to or greater than those of nonresident applicants. Nothing in this section shall be deemed to limit the discretion of the City Manager, after consultation with the Common Council, to require city residency as a term of employment for any official appointed by the City Manager.
[Amended 12-5-2012 by L.L. No. 13-2012]
(c) 
To the extent that it is inconsistent with this section, § 3 of the Public Officers Law of the State of New York is hereby superseded.
[Amended 5-14-2007 by L.L. No. 2-2007; 6-24-2019 by L.L. No. 3-2019]
The position of Director of Public Works is hereby created, which position shall be under the direction and supervision of the City Manager and shall be filled by appointment by the City Manager, subject to the approval of the Common Council. The Director of Public Works shall perform all of the duties and functions delegated to such Director and previously delegated to the Director of City Services and/or Acting Director of City Services and/or Commissioner of City Services and/or Acting Commissioner of City Services by this Charter, as amended, and any local law, ordinance or resolution of the Common Council of the City of Peekskill. Wherever in this Charter, as amended, or any local law, ordinance or resolution, reference is made to the Director of City Services, Acting Director of City Services, Commissioner of City Services and/or Acting Commissioner of City Services, it shall be construed to mean the Director of Public Works. In addition, wherever in any law of the State of New York or the County of Westchester reference is made to the Director of City Services, Acting Director of City Services, Commissioner of City Services and/or Acting Commissioner of Public Works City Services of a city, it shall be construed to mean the Director of Public Works of the City of Peekskill. The Director of Public Works shall serve at the pleasure of the City Manager.
[Amended 5-14-2007 by L.L. No. 2-2007; 6-24-2019 by L.L. No. 2-2019; 6-24-2019 by L.L. No. 3-2019]
(a) 
There is hereby created the position of City Engineer, which position shall be under the direction and supervision of the City Manager and the Director of Public Works. The City Manager shall fill the position of City Engineer by appointment, subject to the approval of the Common Council.
(b) 
No person shall be eligible for the position of City Engineer unless he/she shall be a professional engineer licensed and qualified under the laws of the State of New York. The City Engineer shall perform all duties and functions assigned or delegated to the City Engineer by the City Manager and/or the Director of Public Works.
(c) 
In the discretion of the City Manager, the City Engineer may be either a full-time employee of the City, a part-time employee of the City or a contractual consultant to the City retained by the City on a yearly basis. The City Engineer shall serve at the pleasure of the City Manager. The City Manager and the Director of Public Works are hereby authorized to delegate to the City Engineer any of the functions, duties or obligations of the Director of Public Works as the City Manager shall deem appropriate, whether such functions are set forth in this Charter, in any local law, ordinance or resolution of the City or by administrative directive of the City Manager.
(d) 
In the discretion of the City Manager, the City Engineer may simultaneously serve in the position of City Engineer and Director of Public Works.
All appointments to office shall be evidenced by a certificate signed by the appointing officer, or if made by a board or the Common Council, by the presiding officer thereof, and must be filed in the Clerk's office before same becomes effective. If an appointment is made by the Council or a board, such certificate shall be signed by the officer presiding at the time the appointment was made and attested by the City Clerk.
The term of office of each elective officer shall commence on the first day of January following election; the term of each appointive officer shall commence on the day next succeeding the appointment unless a different date is specified in the certificate of appointment. The term of office of the Mayor shall be two years. The terms of office of the members of all boards and commissions shall be three years and that of the Council members shall be four years.
(Reserved)
The Common Council shall appoint a City Judge and an Assistant City Judge for a term in accordance with state law from the first day of January following such appointment. An appointment to fill a vacancy in such offices shall be for the unexpired term.
No person shall, at the same time, hold more than one city office. Upon the acceptance by a city officer of a second office, the office first held shall thereupon become vacant. No member of the Common Council or other officer or employee of the city, or person receiving a salary or compensation from funds appropriated by the city, shall be interested directly or indirectly in any contract to which the city is a party, either as principal, surety or otherwise; nor shall any such member of the Common Council, city officer or employee or person, or his/her partner, or any agent, servant or employee of such officer, employee or person, or of the firm of which he/she is a partner, purchase from or sell to the city or any officer thereof any real or personal property for the use of the city or any board or officer thereof, nor shall be/she be interested directly or indirectly in any work to be performed for or services rendered to or for it, or in any sale to or from said city or to any officer, board or person in its behalf. Any contract made in violation of any of these provisions shall be void. A person shall not be deemed to be interested in a contract, purchase or sale made by a corporation with, from or to the city solely by reason of the fact that he/she is a stockholder or director of such corporation.
At the general election to be held in the next odd-numbered year following the adoption of this Charter, there shall be elected by the voters of the city a Mayor for a term of two years; three Council members for a term of two years and three Council members for a term of four years; and two Supervisors, who in 1970 were replaced by one County Legislator, for a term of two years; one County Legislator for a term of two years. Every two years thereafter at the general election there shall be elected for full terms by electors of the said city successors in office to those officers whose respective terms expire as hereinbefore set forth. The election in the said City of Peekskill shall be conducted, as general elections in cities are required to be conducted, and all provisions of law relative to such elections shall be applicable to elections for city officers. Nominations shall be made as provided in the Election Law. When the polls are closed, the Inspectors of Election without adjourning shall canvass forthwith the vote received by them and make, file and deliver the statements thereof as provided by law, and also make, file and deliver to the City Clerk a canvass of the votes on all city officers and/or on all propositions, to which canvass shall be attached any defective ballots affecting the election of an officer and/or the vote on a proposition. On the Monday next following every election of city officers and/or submission of a proposition, the Common Council then in office shall convene at 8:00 p.m. in the Council Chamber of the Municipal Building or City Hall, receive the canvass of votes from the City Clerk and shall forthwith determine and declare who were duly elected at such election to the various offices and determine and declare what propositions were carried and what propositions were lost. The Common Council shall then make and subscribe, in duplicate, a certificate thereof, one of which certificates shall be filed in the Clerk's office and the other in the office of the County Clerk.
The Clerk shall give written notice, served personally or by mail, to each person appointed to any office under this act, of his/her election or appointment, within 48 hours after the certificate of appointment has been filed. Each person elected to any office shall be duly notified by the Westchester County Board of Elections.
The Mayor and members of the Common Council shall receive such annual salary or compensation as shall be determined by the Common Council. The Common Council shall fix the salary or compensation of all paid officers and employees of the city, unless such compensation is otherwise fixed by law or by this act. Salaries of city officers and employees shall be payable in such installments and at such times as the Common Council shall determine. Notwithstanding the provisions of § 25 of the General City Law, which is superseded hereby, the Common Council may increase the compensation or salary of the Mayor, members of the Council, officers and employees by resolution adopted and effective at any time during a fiscal year.
No allowance or compensation in addition to the salary or compensation prescribed by law or authorized by this Charter or otherwise by law shall be paid to any officer or employee of the city or to any person paid out of city funds, nor shall any amount in excess of the sum payable under any contract be paid on account thereof.
[Amended 5-14-2007 by L.L. No. 2-2007; 6-24-2019 by L.L. No. 3-2019]
Each officer and appointee of the city shall, before entering upon the duties of office and within 10 days after official notice of election or appointment, take and file the constitutional oath of office and, where required, deliver a bond, and if such officer fails to do so the office shall be deemed vacant and shall be filled as in case of vacancy. The City Manager, Comptroller, Director of Public Works, City Clerk, City Judge, Assistant City Judge and City Marshals shall, before entering upon the duties of office, execute and file an official bond with a surety company as required by law to transact business in the state as surety, subject to the approval of the Common Council, the penal sum or the maximum amount of which shall be fixed by the Common Council. The Common Council may require any other officer or appointee to give like security under like conditions and, in any case at any time, may require additional or substituted security. All bonds shall be filed in the City Clerk's office.
All city offices shall be kept open for the transaction of business at such hours and times as the City Manager may from time to time direct.
Any officer or employee who willfully violates or evades any provision of law or of this Charter or by culpable neglect of duty allows any public property to be lost to the city shall be deemed guilty of a misdemeanor and, in addition to the penalties imposed by law, shall on conviction forfeit his/her office or employment.
A city officer may resign from office by delivering a written resignation to the City Clerk, to be filed in the City Clerk's office, which resignation shall take effect upon such delivery unless a time be specified in such resignation, in which event the effective date of such resignation shall be not more than 30 days subsequent to the date of its delivery to the City Clerk. The City Clerk shall immediately notify the officer, board or other body authorized to fill a vacancy in such office of such resignation. Any nonelective officer, except the City Judge and Assistant City Judge, may be removed from office for cause by the Common Council by a majority vote of all the members thereof, and such officer may be suspended with or without pay by the Common Council by a majority vote thereof. Elective officers and City Judges for whose removal no provision is herein made may be removed in the manner provided by law.
The Clerk shall keep a book in which shall be entered the name of each person elected or appointed to a city office, the name of the office, the date of election or appointment, the dates of commencement and expiration of term, time of filing oath of office and time of filing official bond, and every person so elected or appointed shall, upon filing his/her oath of office, subscribe his/her name in said book.
Every person elected or appointed to any office under this act shall have power to administer oaths or take any affidavits in respect to any matter before him/her as such officer.