[Amended 6-7-2016 by L.L.
No. 1-2016]
A.
Constituted. The Mayor and Common Council Members of the City shall
constitute the Common Council. There shall be eight Council Members,
one elected from each ward of the City.
B.
Acting Mayor. At the first meeting in each year, the Mayor shall
appoint, with the approval of the Common Council, one Common Council
Member to serve as Acting Mayor during the absence or disability of
the Mayor, and who, if a vacancy occurs in the office of the Mayor,
shall serve as Mayor until the office is filled as provided in this
Charter.
C.
Meetings. The Common Council shall hold regular or stated meetings
on the first and third Tuesday evenings in each month in the Common
Council Chamber, and at such other times as they shall designate by
resolution.
D.
Special meetings. The Mayor, or, in the Mayor's absence, the Acting
Mayor, or any three Common Council Members may call special meetings
by notice in writing or by electronic means served personally upon
the other members of the Common Council, or left at their usual place
of residence at least 24 hours before the time of the meeting.
E.
Presiding officer and procedures. Presiding officer and procedures.
They Mayor shall preside at all meetings of the Common Council. The
Acting Mayor shall preside in the Mayor's absence. In the proceedings
of the Common Council, each member present shall have a vote, except
the Mayor, who shall only cast a vote when the votes of the other
members are tied. The meetings of the Common Council shall be public
except for executive sessions as authorized by the Public Officers
Law. The minutes of the proceedings shall be kept by the City Clerk,
and the same shall be available at all times for public inspection.
A majority of members of the Common Council shall be a quorum for
the transaction of business. No tax or assessment shall be ordered
except by a concurring vote of a majority of the Common Council. No
tax shall be levied, assessment bill ordered, or ordinance take effect
until it receives the approval of the Mayor, as provided in this Charter.
F.
Duties of Common Council Members. It shall be the duty of every Common
Council Member, as a representative of his or her respective ward,
to:
(1)
Attend the regular and special meetings of the Common Council.
(2)
Serve on committees when appointed by the Mayor or Common Council.
(3)
Report to the Mayor all subordinate officers who are guilty of any
official misconduct or neglect of duty.
(4)
Aid in maintaining peace and good order in the City.
(5)
Perform or assist in performing all such duties, separately or as
a whole, as assigned by this Charter.
G.
Rules of the Common Council. The Common Council shall determine the
rules applicable to its own proceedings, be the judge of the qualifications
of its own members, have the power to compel the attendance of absent
members from time to time, and prescribe the duties of all the officers
and persons appointed by them to any place whatever, as provided for
in this Charter.
[Amended 11-17-2020 by L.L. No. 3-2020]
The Common Council shall appoint a person to the office of City
Administrator.
A.
Role, powers, and duties. The Common Council shall be the legislative
and appropriating body of the City. It shall have all the powers and
perform all the duties now or in the future conferred by this Charter
or imposed by law upon the legislative body of a city.
B.
Finance and property. The Common Council shall have the control of
the finances and property of the City, except as otherwise provided
for in this Charter.
C.
Laws, ordinances, and regulations. The Common Council shall have
the power to enact local laws, ordinances, and regulations consistent
with the constitution and laws of the state, including but not limited
to:
(1)
The preservation of order, peace, and health, and the safety and
welfare of the City and its residents.
(2)
The benefit of trade and commerce within the City.
(3)
The protection of the quality of life within the City.
(4)
The protection of the business and property interests of the residents
of the City.
(5)
The government of the City and the management of its business.
A.
The Common Council shall, by ordinance or by local law:
(1)
Provide for a fine or other penalty or establish a rule or regulation
for violation of which a fine or other penalty is imposed.
(2)
Levy taxes, except as otherwise provided with respect to the property
tax levied by adoption of the budget.
(3)
Grant, renew, or extend a franchise.
(4)
Regulate the rate charged for its services by the holder of a franchise.
B.
These actions are in addition to other acts required by law or by
specific provision of this Charter.
[Amended 6-7-2016 by L.L.
No. 1-2016]
A.
Voting procedure. Passage of an ordinance shall require a majority
vote of the Common Council. Member names and their votes shall be
entered into the record, journal, or minutes of proceedings.
B.
Style. The style of an ordinance shall be "Be it ordained by the
Common Council of the City of Oneonta as follows:"
C.
Introduction and required time periods. A proposed ordinance may
be introduced only by a Member of the Common Council at a meeting
of the Common Council or as may be otherwise prescribed by the rules
of procedure adopted by the Common Council. No such ordinance shall
be passed until it shall have been in its final form and either (a)
upon the desks or tables of the Members at least seven calendar days,
exclusive of Sunday, prior to its final passage; (b) mailed to each
of them in postpaid properly addressed and securely closed envelopes
or wrappers in a post box or post office of the United States Postal
Service within the City at least 10 calendar days, exclusive of Sunday,
prior to its final passage; and (c) it has been set forth in a legible
format by electronic means and has been available for review in such
format at the desk or other designated location of such Member, in
its final form, at least seven calendar days, exclusive of Sunday,
prior to its final passage. The procedures and time periods may be
waived upon certification by the Mayor as to the necessity for immediate
passage of an ordinance and such ordinance is passed by a 2/3 majority
vote of the Common Council.
D.
Public hearing before Mayor. The Mayor shall hold a public hearing
before approving or vetoing an ordinance passed by the Common Council.
The Mayor shall give notice of hearing within 10 days after being
presented with the ordinance and the hearing shall be held within
20 days after such presentation. Public notice of at least five days
shall be provided before the public hearing.
[Amended 6-7-2016 by L.L.
No. 1-2016]
A.
Veto power. The Mayor shall have the power to veto any local law or ordinance passed by the Common Council except as stated in Article V, pertaining to the budget, or as otherwise provided by state law.
B.
Approval process. Subject to the limitations set forth in § C-34A:
(1)
A copy of every local law or ordinance approved by the Common Council
shall be separately certified by the City Clerk and presented to the
Mayor for review and approval within three business days after passage.
(2)
In the case of an ordinance, the Mayor may exercise such veto power
within 10 days of receipt of a certified copy from the City Clerk.
In the case of a local law, the Mayor may exercise such veto power
within 30 days following receipt of a certified copy from the City
Clerk.
(3)
If the Mayor approves such local law or ordinance, the Mayor shall
sign it and return it to the City Clerk and it shall be deemed adopted
and will take effect. If the Mayor vetoes such local law or ordinance,
it shall be returned to the City Clerk with the objections stated
in writing; the City Clerk shall present the same with the objections
stated to the Common Council at its next regular meeting.
(4)
In the event of a Mayoral veto, the Common Council may override such
veto, within 30 days, by a 2/3 vote of the Common Council. Legislation
authorizing bond debt shall require a 3/4 vote of the Common Council
to override a veto. In the event of an override, the local law or
ordinance shall be deemed adopted and will take effect.
(5)
If any ordinance or local law is not returned by the Mayor to the
City Clerk within 10 days after it shall have been presented to the
Mayor, or 30 days in the case of a local law, or if such ordinance
or local law is returned without the Mayor's approval or disapproval,
the same shall be deemed adopted and will take effect.
(6)
If any ordinance or local law contains more than one specific appropriation
or budget item, including specific items in a five-year capital plan,
or embraces more than one distinct subject, the Mayor may approve
specific appropriations or subjects and disapprove others. The approval
or disapproval of the Mayor and review by the Common Council shall
be subject to the procedures outlined above.
C.
Procedures. Local laws shall be enacted pursuant to the procedures
set forth in the Municipal Home Rule Law.
Every ordinance of the Common Council may specify at what time
it shall take effect, and if no time be specified, it shall take effect
20 days after it shall have been finally adopted. Resolutions may
specify at what time after their final passage as stated above they
shall take effect, and if no such time be specified they shall take
effect immediately.
If an ordinance of the City prohibits the carrying on of any
occupation or business without a license, the Common Council shall
fix the fee for such license, prescribe whether or not a bond shall
be given by the licensee, prescribe the mode of licensing and the
necessary qualifications of the licensee, approve or disapprove the
application, and if approved, direct the City Clerk to issue the license.
A.
Penalty. Any ordinance or local law enacted by the Common Council
may provide that any person convicted of any violation of the same
may be punished by imposition of a fine or by imprisonment, or both.
B.
Type of violation; civil penalty. Any ordinance or local law enacted
by the Common Council may provide that any person violating such ordinance
or local law shall be guilty of a violation or of a misdemeanor or
shall be liable to pay to the City a sum therein named as a penalty,
to be recovered in a civil action. If no provision is made in any
ordinance or local law as to the effect of a violation thereof, every
violation thereof shall be a violation.
C.
Injunction relief. The City may maintain an action to restrain by
injunction a violation of any ordinance or local law of the Common
Council or order of the Health Officer, notwithstanding that such
ordinance, local law, or order may provide a penalty for such violation.
A.
Power of Common Council. The Common Council absolutely shall possess,
dispose, and control all property of the City, both real and personal,
of whatever nature and wherever located, subject only to the management
and maintenance by the various boards and commissions granted by this
Charter.
B.
Mayor to execute agreements. All agreements, contracts, deeds, rights-of-way,
and other easements of any nature whatsoever relating to said real
and personal property shall be made in the name of the City of Oneonta
and executed by the Mayor, after majority vote of the Common Council
authorizing the same.
The Common Council shall, at its first meeting in each fiscal,
year, or as soon thereafter as practicable, designate a newspaper
published, circulated, printed, or distributed in the City in which
all such matters as the Common Council may direct shall be published.
The newspaper so designated shall be the official newspaper of the
City for the ensuing fiscal year, and until the next annual designation.
The affidavit of the publisher or a designee of the publisher shall
be filed with the City Clerk to cover each publication, and the same
or a certified copy thereof shall be presumptive evidence of the fact
of such publication.
The salary of each Council Member shall be fixed and determined
by the Common Council and be included in and paid from the general
City fund.
No contract required to be submitted to public bidding shall
be binding upon the City of Oneonta unless and until it has been approved
by a majority vote of the Common Council.
[Amended 6-7-2016 by L.L.
No. 1-2016]
A.
Commission appointment. The Common Council shall appoint a Redistricting
Commission to evaluate the existing ward boundaries for equity and
representation in relation to population within six months after the
publication of each federal decennial census. The Redistricting Commission
shall include City residents in such proportion as to reasonably reflect
the demographic composition of the City, together with such other
expert and official representatives as shall be deemed necessary and
appropriate.
B.
Process. The Redistricting Commission shall review the population
data and propose a plan to the Common Council in compliance with the
Municipal Home Rule Law within six months after the Commission is
appointed.
[Amended 6-7-2016 by L.L.
No. 1-2016]
A.
Dangerous, defective conditions. No civil action shall be maintained
against the City for damages or injury to person or property sustained
in consequence of any street, highway, bridge, culvert, sidewalk,
crosswalk, or public building being defective, out of repair, unsafe,
dangerous, or obstructive unless it appears that written notice of
the defective, dangerous, unsafe, or obstructive condition was actually
given to the City Clerk, and there was a failure or neglect within
a reasonable time after the giving of such notice to remedy, repair,
or remove the defect, danger, or obstruction.
B.
Snow, ice. No civil action shall be maintained against the City for
damages or injury to person or property sustained in consequence of
the existence of snow or ice upon any sidewalk, crosswalk, or street,
unless written notice thereof relating to the particular complaint
was actually given to the Mayor or the Common Council, and there was
a failure or neglect to cause such snow or ice to be removed, or the
place otherwise made reasonably safe, within a reasonable time after
the receipt of such notice.
C.
Other claims; notice requirements, limitations, venue of actions.
All claims against the City for damages or injuries to persons or
property, or invasion of personal or property rights of every name
and nature whatsoever shall be governed by the provisions of Article
4 of the General Municipal Law. The place of trial of all actions
or proceedings against the City or its boards or officers shall be
in the County of Otsego.
D.
Compromise of claims. The Common Council shall have the power to
pay, compromise, or settle any such claim which may be made against
the City for damages, provided such claim is presented within the
time and in the manner prescribed in this Charter. The sum or sums
so expended shall be included in the amount to be raised by tax for
general purposes.
