City of Poughkeepsie, NY MISCELLANEOUS PROVISIONS

No officer or employee of the city shall have any pecuniary interest in any contract to which the city is a party, and any contract in which any officer or employee of the city shall be or become pecuniarily interested shall be void.

If any officer shall vote for any appropriation, or the payment or expenditure of any money, or the making of any contract in which he shall be or become pecuniarily interested, he shall be deemed guilty of a misdemeanor and shall also be liable for every such offense to a penalty or not less than fifty nor more than two hundred dollars, to be recovered in a civil action in the name of the city.

Section 15.08 Residency requirement for officers and employees.

[L.L. No. 3-1997, § 1; L.L. No. 4-2010, § 1; L.L. No. 5-2010, § 1]

All persons appointed or hired to permanent positions as officers or employees of the city, after the effective date of this section shall, within six (6) months from the date of appointment or hire, be residents of the city and shall remain residents of the city during their term of office of employment. A violation of this local law shall result in immediate termination of office or employment.

Notwithstanding the provisions of subsection (a) preceding, all persons appointed or hired to permanent positions as police officers of the city and who are included within the collective bargaining unit represented by the Poughkeepsie police benevolent association, Inc., shall, within six (6) months from the date of appointment or hire, be residents of the City of Poughkeepsie or reside at a location that is within ten (10) miles from any boundary of the City of Poughkeepsie, and shall remain residents of either of such areas during their term of office or employment. A violation of this local law shall result in immediate termination of office or employment.

Notwithstanding the provisions of subsection (a) preceding, all persons appointed or hired to permanent positions as firefighters of the city and who are included within the collective bargaining unit represented by local 596, International Association of Fire Fighters shall, within six (6) months from the date of appointment or hire, be residents of the city or reside at a location that is within thirty (30) miles from any boundary of the city, and shall remain residents of either of such areas during their term of office or employment. A violation of this local law shall result in immediate termination of office or employment.

Notwithstanding the provisions of subsection (a) preceding, all persons appointed or hired to permanent positions as employees of the city and who are included within the collective bargaining unit represented by civil service employees association, inc., local 1000, afseme, afl-cio, City of Poughkeepsie unit, Dutchess County local 814, shall, within six (6) months from the date of appointment or hire be residents of the city or reside at a location that is within ten (10) miles of any boundary of the city, and shall remain residents of either of such areas during their term of office or employment. A violation of this local law shall result in immediate termination of office of employment.

(e)

Notwithstanding the provisions of subsection (a) preceding, all persons appointed or hired to permanent positions as employees of the city shall, within six (6) months from the date of appointment or hire, be residents of the city or reside at a location that is within ten (10) miles of any boundary of the city and shall remain residents of either of such areas during their term of office or employment, provided, however, that this subsection shall not be applicable to those employees defined as public officers pursuant to the Public Officers Law and notwithstanding those employees so designated as public officers pursuant to the Public Officers Law, this subsection shall also not be applicable to the following officers and employees of the city, including the city administrator, budget analyst, chief of police, fire chief, commissioner of finance, commissioner of assessment, city chamberlain, building inspector, corporation counsel, assistant corporation counsels, director of development, city engineer, and recreation supervisor. A violation of this section shall result in immediate termination of employment.

(f)

Notwithstanding the provisions of subsections (a) and (e) preceding, effective September 1, 2010, the commissioner of public works of the City of Poughkeepsie shall reside in the County of Dutchess and shall not be required to reside in the City of Poughkeepsie. This subsection shall expire upon the separation from service of the Commissioner of Public Works after September 1, 2010, unless extended, and the commissioner's title shall thereupon be added to Section 15.08(e).

Section 15.09 Continuity of government — authority for, intent of provisions.

The State Defense Act, in § 29-a thereof, authorizes political subdivisions of the state to provide for the continuity of their governments in the event of an actual or imminent attack upon the United States by an enemy or foreign nation. The General Municipal Law, in § 60 thereof,[1] authorizes political subdivisions to provide for the continuity of their governments in the event of other public disasters, catastrophes or emergencies. Based on the authority contained in such laws this section is adopted so that on such occasions the government of the city may continue to function properly and efficiently under emergency circumstances.

[1]

Editor's Note: General Municipal Law § 60 was repealed by L. 1978, c. 640, § 6, effective 4-1-1979. See now Executive Law § 27.

Section 15.10 Continuity of government — definitions.

As used herein the following terms shall mean and include:

Attack. Any attack, actual or imminent, or series of attacks by an enemy or foreign nation upon the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the Unites States in any manner by sabotage or by the use of bombs, shell fire, or nuclear, radiological chemical, bacteriological or biological means or other weapons or processes.

Public disaster. A disaster, catastrophe or emergency, actual or imminent, of such unusual proportions or extent that (1) a substantial number of the residents of the City of Poughkeepsie either sustain injury, become ill, are infected with disease, have their lives imperiled, are killed or die as a result of injury, disease or exposure, or the property of a substantial number of such residents is imperiled, damaged or destroyed, and (2) it is necessary and essential in the interest of public safety, health and welfare that the continuity of the government of the City of Poughkeepsie be assured in order that it be enabled to function properly and efficiently and to exercise its essential powers in meeting emergency conditions. Such disasters, catastrophes and emergencies may include, but shall not be limited to, conflagrations, explosions, earthquakes or other convulsions of nature, floods, tidal waves, pestilence, riots, insurrections, storms, prolonged failure of electric power or essential transportation services, or any incident or occurrence which causes or threatens to cause danger to life, health or property from exposure to noxious materials or radiation.

Duly authorized deputy. A person authorized to perform all the powers and duties of a public office in the event the office is vacant or at such times as it lacks administration due to the death, absence or disability of the incumbent officer, where such authorization is provided pursuant to the provisions of any general, special or local law other than this local law.

Emergency interim successor. A person designated pursuant to this local law for possible temporary succession to the powers and duties, but not the office of a city officer in the event that neither such officer nor any duly authorized deputy is able, due to death, absence from the city or other physical, mental or legal reasons, to perform the powers and duties of the office.

Section 15.11 Continuity of government — designation, status, qualifications, terms of emergency interim successor.

Elective officers. Within thirty days following the effective date of this local law, and thereafter within thirty days after first entering upon the duties of his office, each elective officer shall, in addition to any duly authorized deputy, designate such number of emergency interim successors to the powers and duties of his office and specify their rank in order of succession after any duly authorized deputy so that there will be not less than three duly authorized deputies or emergency interim successors, or combination thereof, to perform the powers and duties of the office.

Appointive officers. Each officer or body of officers empowered by law to appoint officers shall within the time specified in subdivision (a) of this section, in addition to any duly authorized deputy, designate for each such appointive officer such number of emergency interim successors to such officers and specify their rank in order of succession after any duly authorized deputy so that there will be not less than three duly authorized deputies or emergency interim successors, or combination thereof, for each such officer. Where such a body of officers consists of members having overlapping terms, such body of officers shall review and, as necessary, revise the previous designations of emergency interim successors by such board within thirty days after a new member elected or appointed to such body of officers first enters upon the duties of his office as a member of such body of officers.

Review of designations. The incumbent in the case of those elective officers specified in subdivisions (a) of this section, and the appointing officer or body of officers specified in subdivision (b) of this section shall from time to time review and, as necessary, promptly revise the designations of emergency interim successors to insure that at all times there are at least three duly authorized deputies or emergency interim successors, or combination thereof, for each elective and appointive officer of the city.

Qualifications. No person shall be designated to, nor serve as, an emergency interim successor unless he is legally qualified to hold the office of the person to whose powers and duties he is designated to succeed.

(e)

Status of emergency interim successor. A person designated as an emergency interim successor shall hold that designation at the pleasure of the designator and such a designation shall remain effective until replaced by another by the authorized designator.

(f)

Compensation. An emergency interim successor shall serve without salary, unless otherwise provided by local law. He shall, however, be entitled to reimbursement for actual expenses necessarily incurred in the performance of his powers and duties.

Section 15.12 Continuity of government — assumption of powers and duties by emergency interim successor.

If, in the event of an attack of a public disaster, an officer described in subdivision (a) or subdivision (b) of Section three of this local law or his duly authorized deputy, if any, is unable, due to death, absence from the city of other physical, mental or legal reasons, to perform the powers and duties of the office, the emergency interim successor of such officer highest in rank in order of succession who is able to perform the powers and duties of the office shall, except for the power and duty to discharge or replace duly authorized deputies and emergency interim successors of such officer, perform the powers and duties of such office. An emergency interim successor shall perform such powers and duties only until such time as the lawful incumbent officer or his duly authorized deputy, if any, resumes the office or undertakes the performance of the powers and duties of the office, as the case may be, or until, where an actual vacancy exists, a successor is duly elected or appointed to fill such vacancy and qualifies as provided by law.

Section 15.13 Continuity of government — recording and publication of designations.

The name, address and rank in order of succession of each duly authorized deputy and emergency interim successor shall be filed with the city clerk and each designation, replacement or change in order of succession of any emergency interim successor shall become effective when the designator files with such clerk the successor's name, address and rank in order of succession. Such clerk shall keep an up-to-date file of all such date regarding duly authorized deputies and emergency interim successors and the same shall be open to public inspection. The clerk shall notify in writing each designated person of the filing of him name as an emergency interim successor and his rank in order of succession and also shall notify in writing any person previously designated who is replaced or whose place in order of succession is changed.

Section 15.14 Continuity of government — Qualification for taking office.

At the time of their designation, or as soon thereafter as possible, emergency interim successors shall take such oath and do such other things, if any, as may be required to qualify them to perform the powers and duties of the office to which they may succeed.

Section 15.15 Continuity of government — Quorum and vote requirements of common council.

In the event of an attack or a public disaster the mayor, or his duly authorized deputy or emergency interim successor performing his powers and duties, may suspend quorum requirements for the common council. If quorum requirements are suspended, any local law, ordinance, resolution or other action requiring enactment, adoption or approval by an affirmative vote of a specified proportion of members may be enacted, adopted or approved by the affirmative vote of the specified proportion of those voting thereon.

Section 15.16 Telegraph, telephone and electric light wires in city street.

The following regulations in relation to telegraph, telephone and electric light wires in the streets and avenues of said city are hereby enacted:

All telegraph, telephone and electric light wires and cables used in Main Street from Hudson River to Cherry Street; Mill Street from Washington to Main Streets; Cannon Street from Market Street to Reservoir Square; Market Street from Main to Montgomery Streets; Washington Street from Main to Mill Streets; Liberty Street; and Garden Street from Main Mill Streets, shall hereafter be placed under the surface of said streets or such of them, or such parts of the same, as the common council may direct and in conduits or subways.

Every corporation, association or person owning or controlling telegraph, telephone, electric feed wires or other electric wires and cables on said streets, including what is known as telegraph and telephone poles, and other appurtenances thereto, except trolley wires and poles, and poles used for connecting underground or subway wires for the distribution of electric currents, commonly called distributing poles, shall, before the first day of November nineteen hundred and six, have the same removed from above the surface of said streets and placed in conduits or subways.

In case the owners of the property above enumerated shall fail to comply with the provisions of this section within the time herein specified and limited, the city shall then remove, without delay, all telegraph, telephone, electric light, electric feed wires, and such other electric wires, cables and poles, except trolley wires and poles, and poles used for connecting underground or subway wires for the distribution of electric currents, called distributing poles, whenever and wherever found above ground, on said streets.

The common council of said city shall hereafter have like power and control over all such wires and poles above ground on any and all streets and avenues or sections of streets and avenues in said city, other than those herein designated, and may from time to time whenever the common council shall determine that such wires and poles have become a menace to public safety in any such street or avenue, or section of such street or avenue, make regulations for the removal thereof and the placing of the same beneath the surface of such street or avenue or section of street or avenue and in conduits or subways. Such regulations shall direct the owners of such wires and poles to remove the same from above the surface of such street or avenue or section of street or avenue and place the same beneath the surface thereof within a certain specified time, which shall not be less than one year or more than eighteen months from the adoption of such regulations, which regulations shall be published twice in the official newspaper. In case the owners of such wires and poles shall fail to comply with such regulations within the time specified and limited therein, the said board shall then, and it is hereby empowered and directed to remove, without delay, all such wires and poles whenever and wherever found above ground on such street or avenue or section of street or avenue designated in such regulations.

(e)

The common council of said city is hereby empowered to contract with any company or companies authorized to construct and capable of constructing subways or underground conduits for carrying telegraph, telephone or electric light wires or cables or other appliances for conducting electricity under any street, section of a street or public place within said city for the purpose of carrying into effect the provisions of this section. Such contract or contracts shall provide for the construction of such subway or subways or underground conduits at the expense of said company or companies, without any expense to said city, and shall also contain proper provisions for securing said city from any loss or damage during the progress of the work required thereunder, and for the speedy performance of said contract. Upon the completion of such subway or subways or underground conduits, said common council may be ordinance or resolution require any company, corporation or individual to remove from above the surface of any street or section of street or place within said city all telegraph, telephone or electric light wires or cables or other appliances for conducting electricity, except trolley wires, and to place the same in such subway or subways or underground conduits, and compliance with such ordinance or resolution may be enforced by mandamus by any court of competent jurisdiction upon the application of said city as relator.

(f)

Any company, corporation or individual using such subway or subways or underground conduits shall be charged for the space occupied therein a reasonable rental to be fixed by such occupied therein a reasonable rental to be fixed by such company or companies, subject to the approval of the common council which shall be paid to such company or companies. If any company, corporation or individual shall refuse or neglect to pay the amount of such rental at the time and in such manner as the common council may direct, such company or companies constructing such subway or subways or underground conduits, may sue for the same and recover the amount thereof in any court of competent jurisdiction.

(g)

Nothing herein contained shall be construed, as authorizing the common council to require that any particular patent or appliance shall be used in the construction of any such subways or underground conduits, nor as requiring any company now having subways or underground conduits constructed in said city for carrying electrical wires, to remove such wires from such subways or underground conduits and place them in the subways or underground conduits herein provided to be contracted for by the common council; nor shall anything herein contained be construed as in anywise extending the same beyond November first nineteen hundred and six, for the removal of all electric wires, except trolley wires, from above the surface of the streets designated in the first subdivision of this section.

Section 15.17 Bonds for school purposes — authority to require election.

The common council shall continue to have power, upon the request of the board of education, to call and hold taxpayers' elections to vote upon the question of issuing bonds of the city for the purposes enumerated in paragraph (c) of subdivision one of Section 877 of this Chapter,[1] in the same manner, and with the same force and effect, as prior to the eighth day of June, nineteen hundred and seventeen, and to issue such bonds for such purposes or any of them, pursuant to the provisions of such charter, provided a majority of the taxpayers voting at such election approve of such issue.

[1]

Editor's Note: So in original.

Section 15.18 Housing authority — established, organized, powers, duties.

A municipal housing authority, to be known as the Poughkeepsie housing authority, is hereby created and established for the city for the accomplishment of any or all of the purposes specified in article eighteen of the constitution of the state. It shall constitute a body corporate and politic, be perpetual in duration and consist of five members. It shall have the powers and duties now or hereafter conferred by the public housing law upon municipal housing authorities. It shall be organized in the manner prescribed by and subject to the provisions of the Public Housing Law, and the authority, its members, officers and employees and its operations and activities shall in all respects be governed by the provisions of the Public Housing Law.

Section 15.19 Public recreation commission — created.

A public recreation commission for the city.

Section 15.20 Public recreation commission — appointments, terms of members; vacancies.

Such commission shall consist of five members to be appointed by the mayor for terms of five years, except that the first appointed shall be appointed for such terms that the terms of one commissioner shall expire annually thereafter. Vacancies otherwise than by expiration of term shall be filled for the unexpired term.

Section 15.21 Public recreation commission — qualification, oath, compensation, removal of members.

The commissioners shall qualify before the chamberlain by taking the constitutional oath of office and they shall serve without compensation. They shall be subject to removal by the mayor upon charges after a hearing.

Section 15.22 Public recreation commission — jurisdiction of commission.

The commission shall have jurisdiction of and control over all public recreation of the city, both within and without the corporate limits, and shall control, operate, manage and supervise recreational activities at Riverview Field, Eastman Oval, Regatta Row, King Street Park, Pershing Avenue Playground, Pulaski Park, Bartlett Park, Spratt Park, Wheaton Swimming Pool, Putnam Hall Park, Main Street dock and all such other lands or buildings which may from time to time be designated by local law or by resolution of the common council.

Section 15.23 Public recreation commission — delegation of authority to board of education.

The commission may, from time to time, and for such periods as it may designate, delegate to the board of education of the City of Poughkeepsie School District the supervision and control of playground and supervised playground activities within any of the area specified in Section 15.22 hereof.

Section 15.24 Public recreation commission — election of officers, adoption of rules and regulations.

The commission shall elect from its own members such officers and adopt such rules and regulations as it may deem most advantageous in the administration and conduct of its business, affairs and public recreational activities.

Section 15.25 Public recreation commission — receipt, expenditure of funds.

For the purpose of exercising the power and authority hereinbefore vested in it, the commission shall have the right to authorize the expenditure by the commissioner of finance of such sums as shall be appropriated for such purposes by the common council, together with such additional sums as may be donated to it by any person, corporation or association for public recreational purposes, the power and authority to solicit and accept such donations being hereby granted to the commission. All such donated sums shall be deposited with the commissioner of finance and shall be expended only for recreational purposes in the same manner as appropriated funds.

Section 15.26 Public recreation commission — preparation, adoption of budget.

The budget for the recreation commission shall be prepared and adopted in accordance with the applicable provisions of the charter and this code.

Section 15.27 Golf course commission — Created.

A public golf course commission for the city is hereby created.

Section 15.28 Golf course commission — Appointments, terms of members, vacancies.

Such commission shall consist of five members to be appointed by the mayor, one of whom must be a member of the common council and one of whom must be a member designated by the mccann foundation, inc. Vacancies shall be filled by the mayor. The commission will select its own chairman and the common council member of the commission may not serve as chairman. Each member will serve a three year term, except that the initial members will serve terms of two, three and four years, with the mayor determining the length of terms for the respective members.

Section 15.29 Golf course commission — jurisdiction of the commission.

The commission shall have exclusive jurisdiction over the municipal golf courses of the city, both within and without the corporate limits.

Section 15.30 Golf course commission — qualifications, oath, compensation, removal of members.

The members shall qualify before the chamberlain by taking the constitutional oath of office and they shall serve without compensation. They shall be subject to removal by the mayor upon charges after a hearing.

Section 15.31 Golf course commission — duties.

The duties of the golf course commission are to interview and recommend for hire, a greenskeeper, to interview and recommend for hire, a golf professional to determine the needs of the golf course and to make recommendations to the superintendent of recreation, to establish budgetary requirements, and to submit budgets to the superintendent of recreation.

Section 15.32 Mental health — county mental health board.

Pursuant to the provisions of § 190-a of the Mental Hygiene Law and for the purpose of providing for community mental health services on a county-wide basis through the establishment by the county of a county mental health board to cover the entire area of the county, it is agreed that the city shall be included in a county mental health board to cover the entire area of the county by local law as authorized by said § 190-a of the Mental Hygiene Law.

Section 15.33 Mass transportation system — purpose.

The purpose of the mass transportation system is to assure the provisions of adequate mass transportation services at reasonable cost for the citizens and residents of the city.

Section 15.34 Mass transportation system — power to acquire, construct, etc.; for projects.

The city shall have the power and is hereby authorized to acquire, construct, reconstruct, improve, equip, maintain or operate one or more mass transportation projects. The city shall have the power and is hereby authorized to occupy or use any of the streets, roads, highways, avenues, parks or public places of the city therefor and to agree upon and contract for the terms and conditions thereof. The mass transportation system shall be under the administrative supervision of the commissioner of public works.

Section 15.35 Mass transportation system — power to make contracts for operation of system owned by city.

The city shall have the power and is hereby authorized to make a contract or contracts with any person, firm or corporation, including a public authority, for the equipment, maintenance or operation of a mass transportation facility owned, acquired, constructed, reconstructed or improved by the city.

Section 15.36 Mass transportation system — authority to contract with private facility for services.

The city shall have the power and is hereby authorized to enter into a contract or contracts for fair and reasonable consideration for mass transportation services to be rendered to the public by a privately owned and operated mass transportation facility. Such power and authorization shall include but not be limited to the power to appropriate funds for payment of such consideration, and to provide that all or part of such consideration shall be in the form of capital equipment to be furnished to and used and maintained by such privately owned or operated mass transportation facility.

Section 15.37 Appointment of City Historian.

[L.L. No. 1-2000, § 1]

There shall be a City Historian who shall be appointed by the Mayor. (S)he shall be directly responsible to the Mayor and shall serve at the pleasure of the Mayor. The City Historian shall have all the powers and perform all the duties now or hereafter conferred by law and perform such other related duties required by the Mayor. The City Historian shall be responsible for maintaining records and other artifacts of the City's history, acting as a source of information for the Mayor, Common Council, City staff and City boards and committees regarding historical facts about the City, and, as time permits, being available to the media and general public to respond to inquiries regarding the City's history.

Section 15.38 Meeting attendance requirement for boards, commissions, committees or authorities of the City.

[L.L. No. 3-2014, 6-16-2014, § 2]

When any member of the Planning Board of the City of Poughkeepsie fails to attend fails to attend three (3) consecutive regular meetings of such board, commission, committee or authority, unless such absence is for good cause and is excused by the chairman or other presiding officer thereof, or, in the case of such chairman or other presiding officer, by the Mayor, may be subject to removal from office pursuant to the terms of General City Law § 27(9).

When any member of the Zoning Board of Appeals of the City of Poughkeepsie fails to attend three (3) consecutive regular meetings of such board, commission, committee or authority, unless such absence is for good cause and is excused by the chairman or other presiding officer thereof, or, in the case of such chairman or other presiding officer, by the Mayor, may be subject to removal from office pursuant to the terms of General City Law § 81(8) and City of Poughkeepsie Code § 19-8.1(5).