A.
Short title. This article may be known and cited as the "Optional
City Government Law." (L. 1914, Ch. 444, § 1)
B.
CITY
CHARTER
COMMISSIONER OF ELECTIONS
GENERAL CITY ELECTION
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Includes any city of the second or third class as classified
in the Constitution.
Includes all provisions of local or special law applicable
to the City. (L. 1914, Ch. 444, § 2)
Includes those officers who have similar powers and duties
in counties where no commissioners of election are appointed.
An election at which the final selection is made of a City
officer.
C.
Applicability. Any city which shall adopt, in the manner hereinafter
prescribed, one of the methods of government provided in this article
shall thereafter be governed by the provisions hereof. (L. 1914, Ch.
444, § 3)
D.
Saving clause. The adoption by a city of a plan of government under
the provisions of this article shall not affect the validity of any
proceeding or matter pending at the time of such adoption, which shall
have been duly taken or begun by the city or its proper department
or officer, but the same may be continued and completed as though
originally begun under any prior proceedings taken in conformity with
the provisions of this article. The adoption by a city of any plan
of government under this article shall not affect any action or proceeding
duly begun by or against the city and pending at the time of the adoption
of such plan. (L. 1914, Ch. 444, § 1)
E.
When Article to take effect. This article shall take effect on July
15,1914. (L. 1914, Ch. 444, § 126)
F.
Existing legislative powers continued. None of the legislative powers
of a city shall be abridged or impaired by the provisions of this
article, but all such legislative powers are hereby devolved upon
and shall be possessed and exercised by such body as shall be the
legislative body of the city under the provisions hereof. (L. 1914,
Ch. 444, § 4)
G.
Existing corporate powers continued. The existing corporate powers
of a city shall not be construed to have been abridged or impaired
by the provisions of this article, but the same shall be exercised
as herein provided. (L. 1914, Ch. 444, § 5)
H.
Duties, liabilities unaffected, Nothing in this article shall be
construed to in any way impair or affect any duty or liability now
imposed by law upon a city. (L. 1914, Ch. 444, § 6)
I.
Existing regulations continued. All ordinances, resolutions, orders
or other regulations of a city, or any authorized body or official
thereof, existing at the time the provisions of this article shall
become applicable to the city and, not inconsistent with the provisions
hereof, shall continue in full force and effect until repealed, modified
or otherwise superseded. (L. 1914, Ch. 444, § 7)
J.
Existing laws continued. Except insofar as any of its provisions
shall be inconsistent with this article, the Charter of the city and
all special or general laws applicable thereto shall continue in full
force and effect, until and unless superseded by the passing of ordinances
regulating the matters therein provided for, but to the extent that
any provisions thereof shall be inconsistent with this article, the
same are hereby superseded. (L. 1914, Ch. 444, § 8)[1]
[1]
Editor's Note: Former Sec. 8.11, which immediately followed
this section (Laws of 1914, Chapter 444, § 9), was repealed
6-2-1986 by L.L. No. 2-1986.
K.
Referendum provisions not affected. Nothing in this article shall
be construed as superseding or repealing any provision of law requiring
any matter to be submitted to the vote of the electors or taxpayers,
or permitting the City Council to so submit any matter or question.
(L. 1914, Ch. 444, § 10)[2]
[2]
Editor's Note: Former Secs. 8.13 through 8.25 (Laws of 1914,
Chapter 444, §§ 11, 15, 16, 17, 18, 19, 20, 21, 22,
23, 24, 25 and 26), respectively, which immediately followed this
section, were repealed 6-2-1986 by L.L. No. 2-1986.
L.
Power to fix and determine salaries, compensation and benefits of all City employees and Officers. The City Council shall determine and establish in each annual budget the positions and numbers of all appointed city officers and employees and shall establish, set, fix and determine the salary to be paid each City officer during that officer's term of office and the annual salary to be paid to non-unionized employees of the City by ordinance. All other compensation and benefits shall likewise be determined by the City Council pursuant to NY General Municipal Law § 92 and codified in Chapter 87 of the Code of the City of Schenectady or, in the case of employees represented by collective bargaining unit, in the collective bargaining agreement applicable to that bargaining unit. No contract or agreement purporting to set, establish or fix the number of City employees in any office or department and/or purporting to set, establish, determine or fix the salary, compensation or benefits of any appointed officer, employee or class of employees shall be valid or enforceable unless approved and authorized by resolution the City Council and executed by the Mayor. (L.L. No. 2011-03, § 1[3])
[3]
Editor's Note: This local law was subject to referendum. The
referendum is included as an attachment to this charter.
A.
Applicability. Unless otherwise especially provided, the sections
contained in this Charter shall apply to the plans of government defined
in this article as Plans A, B, C, D, E, F and G. (L. 1914, Ch. 444,
§ 35)
B.
Except as in this section especially regulated, the legislative powers
of the Council of the city may be exercised as provided by ordinance
or rule adopted by it.
(1)
Each member of the Council shall have the right to vote on any question
coming before it; a majority of the Council shall constitute a quorum,
and the affirmative vote of a majority of all the members of the Council
shall be necessary to adopt any motion, resolution or ordinance.
(2)
Regular meetings of the Council shall be held weekly at a time and
place fixed by ordinance; special meetings may be called by any member
on three days' notice, specifying the object of the meeting. All legislative
sessions shall be open to the public, and every matter coming before
the Council for disposition shall be put to a vote whereon the ayes
and nays shall be called and recorded. A full and accurate journal
of the proceedings of the Council shall be kept and shall be open
to the inspection of any elector of the city.
(3)
The Council shall appoint a City Clerk, who shall have such powers
and perform such duties as the Council may from time to time prescribe,
in addition to such duties as may be prescribed by law; the City Clerk
shall keep the minutes of the meetings of the Council. (L. 1914, Ch.
444, § 36)
C.
Effect upon provisions of existing law of adoption of ordinance regulating
subject matter thereof. Until superseded as herein provided, all provisions
of law regulating the exercise of the powers and the performance of
the duties of officers and employees of any city shall continue in
full force and effect. The Council under any one of the plans of government
defined in this article as Plan A, B, C, D, E or F shall have power,
subject to the provisions of this article, to confer by ordinance
upon any officer or employee of the city any powers or to impose upon
any such officer or employee any duties, theretofore conferred or
imposed upon any officer or employee by provision of law, and such
powers or duties shall thereupon devolve upon or be discharged by
such officer or employee upon whom the same shall have been so conferred
or imposed; but the provisions of law regulating the exercise of such
powers or the performance of such duties shall, subject to being superseded
as herein provided, continue in force and apply to the exercise or
performance thereof by the officer or employee upon whom such powers
or duties are conferred or imposed, and whenever by any such ordinance
all the powers and duties of any appointive officer or employee of
the city are conferred or imposed upon one or more other officers
or employees, such ordinance may abolish the office or employment
held by the officer or employee whose powers and duties shall have
ceased, and thereupon the term of office or employment of such officer
or employee shall expire. The Council under any one of the plans of
government defined in this article as Plan A, B, C, D, E or F shall,
subject to the provisions of this article, have power to regulate
by ordinance the exercise of any power and the performance of any
duty by any officer or employee of the city; and upon the passing
of any such ordinance, every provision of the Charter or of the Second
Class Cities Law, applicable to such city, regulating the matters
or any of them provided for in such ordinance shall cease to have
any force or effect in such city. Nothing herein contained shall be
deemed to authorize the repeal or superseding of any provisions of
law regulating the manner in which, or the conditions subject to which,
franchises may be granted, or city real estate leased or sold, or
municipal indebtedness incurred in any city, except to the extent
of transferring powers or duties relating thereto to officers or employees
of the city; and nothing herein contained shall be deemed to authorize
the repeal or superseding of any provision of law requiring any matter
to be submitted to the vote of the electors or taxpayers. (L. 1914,
Ch. 444, § 37)
D.
Terms of members of Council. The terms of office of Mayor and members
of the Council under Plan A, B, C, D, E or F, shall be four years;
provided, however, that the terms of the members, other than the Mayor,
composing the Council first to be elected hereunder shall be as follows:
if the number of the Council be a number equally divisible by two,
the terms of the 1/2 receiving the highest number of votes shall be
four years, and the terms of the remaining 1/2 shall be two years;
should the number of the Councilmen be a number not equally divisible
by two, then the terms of the 1/2 receiving the lowest number of votes,
plus the Councilman receiving the next highest number of votes shall
be two years, and the terms of the remaining Councilmen shall be four
years. The salary of a Mayor or of a Councilman shall not be increased
during his term of office. Commencing with the general election to
be held in November 1979, an additional Councilman shall be elected
in the place and stead of the Mayor for a four-year term to take office
on January 1, 1980, and an elected Mayor with executive powers shall
also be elected for a four-year term at the general election to be
held in November 1979, to take office on January 1, 1980, for a four-year
term. (L. 1914, Ch. 444, § 38; L.L. No. 2-1952, § 1;
11-7-1978 by L.L. No. 4-1978, § 2)
E.
Vacancies. If, under Plan A, B, C, D, E or F, a vacancy exists or
occurs in the Office of Mayor or Councilman, the Council shall appoint
a qualified person to fill such vacancy until the first day of January
following the next general city election, at which a successor shall
be elected for the full unexpired term. (L. 1914, Ch. 444, § 39)
F.
Penalties for misconduct. The members of the Council shall be subject
to all the penalties for nonperformance or malfeasance in office imposed
upon common councils, aldermen or councilmen, under the Charter or
the general laws of the state. (L. 1914, Ch. 444, § 40)
G.
Qualifications and disabilities of Mayor and Councilmen; conflict
of interest. No person shall be eligible to the Office of Mayor or
Councilman who shall not, at the time of his nomination, be a citizen
of the United States and a resident of the city. The acceptance by
the Mayor or any member of the Council of any other civil office shall
operate to vacate his office as Mayor or Councilman. Neither the Mayor
nor any Councilman shall be or become, in any way, directly or indirectly,
interested in any contract to which the city is a party; a violation
hereof shall render any such contract absolutely void. (L. 1914, Ch.
444, § 41)
H.
Powers of investigation. The Council, or the Mayor, shall have the
power to inquire into any matter relating to the affairs of the city,
to compel by subpoena the attendance of witnesses and the production
of books and papers material to any such inquiry, to administer oaths
to witnesses and to examine them and such books and papers. (L. 1914,
Ch. 444, § 42)
I.
Assessment of property for purposes of general taxation and local
improvements. The Council, under Plans A, B and C, shall succeed to
all the powers and shall perform all the duties with the like result
in law of the Board of Assessors, or other official or officials of
the city performing like functions; but the Council may, in its discretion,
provide by ordinance for the appointment of an Assessor or Assessors,
and in such event such Assessor or Assessors shall succeed to such
powers and perform such duties in place of the Council. Under Plans
D, E and F, the Mayor, with the advice and consent of the Council,
shall appoint an Assessor or Assessors. (L. 1914, Ch. 444, § 43)
J.
Judicial officers. The City Judge or Judges and Justices of the Peace
and other judicial officers, if any within the city, shall continue
to be elected as heretofore, but if, by the Charter or by general
law, such Judge or Judges are appointive, they shall continue to be
appointed by the Council elected under Plans A, B and C or by the
Mayor elected under Plans D, E and F and for such terms as are now
fixed. (L. 1914, Ch. 444, § 44)
K.
Board of Education. Nothing in this article shall be construed as
affecting the provisions of the Charter, or the general law, relating
to Boards of Education, their powers and duties and the control of
the schools and the funds pertaining thereto. Boards of Education
shall continue to be elected or appointed within the city as provided
by law. (L. 1914, Ch. 444, § 45)
L.
Compliance with civil service. All appointments, promotions, removals
and changes in status in the civil service of the city shall be made
in accordance with the provisions of the Civil Service Law. The legislative
employees of the city shall be the City Clerk and Sergeant-at-Arms
of the Council. (L. 1914, Ch. 444, § 46)[1]
[1]
Editor's Note: Former Sec. 8.43 (Laws of 1914, Chapter 444,
§ 47), which immediately followed this section, was repealed
6-2-1986 by L.L. No. 2-1986.
M.
Administration of pension and other special funds. Where the administration
of pension, or other special funds, not essential to the ordinary
functions of city government, is entrusted by the Charter to a definitely
constituted body, such funds shall continue to be so administered.
Where the administration is committed to city officers, they shall
continue to be administered by officers performing like functions,
if they exist, or, if not, by the Council. The Council shall have
power to create special funds and to fix rules for their administration.
(L. 1914, Ch. 444, § 48)[2]
[2]
Editor's Note: Former Sec. 8.45 (Laws of 1914, Chapter 444
§ 49), which immediately followed this section, was repealed
6-2-1986 by L.L. No. 2-1986.
N.
Access to records of city offices. The Mayor, and any Councilman,
shall have access to all records, books, documents and other papers
in any city department or office, at any time. (L. 1914, Ch. 444,
§ 50)
O.
General powers of Mayor. In addition to the powers conferred upon
the Mayor under either Plan A, B, C, D, E or F, the Mayor shall have
the custody of the Seal of the city and shall authenticate the acts
of the Council and all instruments and papers authorized so to be
authenticated; in cases where the Mayor is authorized by law to sit
with the Supervisors as a Commissioner of Charities, he shall continue
so to act. In addition, the Mayor shall possess and exercise such
other powers and perform such duties as are now conferred or imposed
by law upon the Mayor of the city, if not inconsistent with the provisions
of this article. The Mayor shall have charge of all civic functions,
celebrations, receptions and courtesies, shall sign all contracts
of every kind and nature to which the city is a party and shall perform
such other ministerial functions as the Council may from time to time
direct. (L. 1914, Ch. 444, § 51)
A.
Method. The method of city government provided for in this Charter
is defined in this article as Plan C. (L. 1914, Ch. 444, § 85;
11-7-1978 by L.L. No. 4-1978, § 1)
B.
Application of division. Upon the adoption of Plan C by a city in
the method prescribed by this article, such plan shall be exercised
as in this article provided, except as amended herewith in its application
to the City of Schenectady. (L. 1914, Ch. 444, § 86; 11-7-1978
by L.L. No. 4-1978, § 1)
C.
Legislative powers vested in Council. All the legislative powers
of the city, however conferred upon or possessed by it, are hereby
vested in a board to be known as the "Council of the City of Schenectady."
Such Council shall be composed of seven Councilmen to be elected at
large, one of which shall be designated by said body as President
of the City Council at each organizational meeting. It shall be for
all purposes the City Council of the city. (L. 1914, Ch. 444, § 87;
11-7-1978 by Intro. L.L. No. 4-1978, § 1)
D.
Salaries of members of Council. Salaries of the members of the City
Council shall be set in the annual operating budget. (L. 1914, Ch.
444, § 88; L.L. No. 1-1952, § 1; L.L. No. 2-1963,
§ 1; Int. L.L. No. 5-1967, § 1; 11-7-1978 by L.L.
No. 4-1978, § 1; 12-12-1988 by L.L. No. 5-1988, § 1)
E.
Powers and duties of President of the City Council. The President
of the City Council shall preside at all meetings of the Council.
He shall have no power of veto but shall have the same power as a
Councilman to vote upon all matters coming before the Council. (L.
1914, Ch. 444, § 89; 11-7-1978 by L.L. No. 4-1978, § 1)
F.
Administrative and executive powers of Mayor; compensation. The administrative
and executive powers of the city, including the power of appointment
of officers and employees, are vested in the elected Mayor with executive
powers; he shall receive such compensation as shall be fixed by the
Council by ordinance or local law. (L. 1914, Ch. 444, § 90;
11-7-1978 by L.L. No. 4-1978, § 1)[1]
[1]
Editor's Note: Local Law No. 5-1979, adopted 10-9-1979, provides
as follows: "Section 1. In accordance with Section 90 by the Optional
City Government Law, as amended by L.L. No. 4-1978, the base salary
for the Mayor is set at $26,180.00 a year beginning January 1, 1980.
Any salary adjustments granted from time to time to appointed officers
and employees not covered by collective bargaining agreements are
to apply to the salary of the Mayor."
G.
Absence or disability of the elected Mayor with executive powers.
The elected Mayor with executive powers shall designate in writing
any officer of the city to serve without additional salary as Mayor
with executive powers pro tem during his absence or disability for
a period not to exceed 90 consecutive days. He shall also designate
in writing a city officer to serve at his pleasure and without additional
salary as an alternate to his first designee as Mayor with executive
powers pro tem if the latter is unable to serve because of his absence
or disablement. Such designee of the elected Mayor with executive
powers shall be administrative head of the city and shall have authority
to sign bonds on behalf of the city but shall not have veto powers
over legislation passed by the Council, the authority to hire and
fire employees or the authority to perform marriage ceremonies. During
the absence or disability of the Mayor, the ceremonial functions of
this office shall be performed by the President of the City Council.
(3-11-1980 by L.L. No. 2-1980, §§ 1, 2)
H.
General duties of elected Mayor with executive powers. The elected
Mayor with executive powers shall:
(1)
Be the administrative head of the city government.
(2)
See that within the city the laws of the state and the ordinances,
resolutions and bylaws of the Council are faithfully executed.
(3)
Attend all meetings of the Council and recommend for adoption such
measures as he shall deem expedient.
(4)
Make reports to the Council from time to time upon the affairs of
the city, keep the Council fully advised of the city's financial condition
and its future financial needs.
(5)
Prepare and submit to the Council a tentative budget for the next
fiscal year.
(6)
He shall be the official head of the city for service of civil process
and under the military law and for all ceremonial purposes. (L. 1914,
Ch. 444, § 91; 11-7-1978 by L.L. No. 4-1978, § 1)
I.
Approval by elected Mayor with executive powers. Every ordinance
or resolution of the City Council shall be presented to the elected
Mayor with executive powers before it shall be of any force or effect.
If he approves it, he shall sign it, but if he disapproves, he shall
return it with his objections to the City Clerk who shall lay it before
the Council at its next meeting. The Council shall enter the objections
upon its journal and proceed to reconsider the ordinance or resolution
so disapproved. If upon such reconsideration one more council vote
beyond that normally required to approve an ordinance or resolution
shall vote in favor of such ordinance or resolution, the same shall
become of force. If any ordinance or resolution is not returned by
the Mayor disapproved by him within 10 days after its presentation
to him, it shall be of force. The Mayor shall hold a public hearing
no less than three days after adoption of a local law. (11-7-1978
by L.L. No. 4-1978, § 1; 1-23-1989 by L.L. No. 1-1989, § 1)
J.
Appointment of officers and employees. Such city officers as the
Council shall determine are necessary for the proper administration
of the city shall be appointed by the elected Mayor with executive
powers, except any employee or officer of the off-track betting commission,
other than the Commissioners, and except any officer of the Schenectady
Environmental Conservation Commission, and any such officer or employee
may be removed by the elected Mayor with executive powers, except
any employees or officers of the off-track betting commission, other
than the Commissioners, and except any officer of the Schenectady
Environmental Conservation Commission; but the elected Mayor, with
executive powers, shall report each such appointment and removal to
the Council at the next meeting thereof following any such appointment
or removal. (L. 1914, Ch. 444, § 92; 6-21-1971 by L.L. No.
6-1971, § 1; 1-14-1972 by L.L. No. 3-1972, § 1;
11-7-1978 by L.L. No. 4-1978,§ 1)
K.
Powers, duties of other officers. The officers and employees of the
city shall perform such duties as may be required of them by the elected
Mayor with executive powers, under general regulations of the Council.
(L.1914, Ch. 444, § 93; 11-7-1978 by L.L. No. 4-1978, § 1)
