[HISTORY: Adopted by the Rochester City Council
11-25-1941. Amendments noted where applicable.]
City officials and employees traveling on official
City business may receive a payment of a per diem allowance for meals
not to exceed $38, which amount may be increased by the Budget Director
every two years to reflect increases in the Consumer Price Index for
All Urban Consumers (CPI-U) during the most recent twenty-four-month
period prior to January 1 for which such index has been published,
except that no such increase shall exceed 3%.
[1]
Editor's Note: Former § 14-2, Official
and employee bonds and indemnify agreements, as amended, was repealed
11-10-1992 by Ord. No. 92-403.
[Amended 2-14-2006 by Ord. No. 2006-22]
No officer or employee of the City of Rochester
shall accept any compensation, gift or gratuity for doing any work
or services arising from or in connection with his or her said office
or position, or the duties thereof, or which he or she is able to
do or has the opportunity to do, solely because of his or her said
office or position, or because of the duties imposed thereby. This
shall not be construed as prohibiting costs and fees specifically
allowed by law or fees for furnishing minutes of testimony in legal
actions or proceedings. Any person offending against the provisions
of this section shall be punishable by a fine not exceeding $150 or
by imprisonment not exceeding 150 days, or by both.
All fees received by any officer or employee
for the issuing of any license or permit or the performance of any
service shall be daily transmitted to the City Treasurer.
[Amended 11-10-1992 by Ord. No. 92-403]
The head of any department of the City of Rochester,
against the funds of which payments from time to time under the Workers'
Compensation Law are chargeable by reason of the death or injury of
an employee of such department, is hereby authorized, subject to the
approval of the Council, to grant the written approval of the City
of Rochester required under § 29 of the Workers' Compensation
Law to the settlement of claims against third persons by employees
of such department or their dependents for injuries arising in the
course of and out of their employment but through the acts or omissions
of such third persons not in the employ of the City of Rochester.
[Amended 9-9-1947; 5-11-1954; 11-10-1992 by Ord. No. 92-403; 11-10-1992 by Ord. No. 92-404]
A.Â
Bonds and insurance policies required for street encroachments
and by plumbers and contractors shall be the custody of the Commissioner
of Environmental Services and filed in his or her office. All other
bonds and insurance policies filed with the City, except bonds required
by state law to be filed in or with some other specific office or
officer, shall be in the custody of the Director of Finance and filed
in his or her office.
[Amended 2-14-2006 by Ord. No. 2006-22]
B.Â
The heads of all departments and every officer and
employee who has now in their or in his or her custody any bonds or
insurance policies shall, with all convenient speed, deliver the same
to the officer specified above and hereafter all bonds and insurance
policies delivered to the head of any department or any officer or
employee of the City of Rochester shall be delivered to the officer
specified above immediately upon the endorsement thereon of the approval
of the Director of Finance as to sufficiency of surety and the Director
of Finance as to form and method of execution.
[Amended 2-14-2006 by Ord. No. 2006-22]
C.Â
All bonds and insurance policies filed with the City
must be approved by the Director of Finance as to form and method
of execution before acceptance and filing.
[Amended 11-10-1992 by Ord. No. 92-403; 2-14-2006 by Ord. No. 2006-22]
All contracts, bonds and papers in connection
with contracts entered into pursuant to action of the Board of Contract
and Supply, subsequent to January 1, 1927, and the original of all
contracts thereafter entered into by the City of Rochester shall be
in the custody of the Director of Finance to be kept by him or her
in the vault in his or her office.
[Amended 11-1-1992 by Ord. No. 92-403]
All contracts, deeds, documents, bonds, abstracts
of title and all other records and indices relating to the same, together
with miscellaneous agreements now kept in the vault of the Assessor,
and all deeds, conveyances and abstracts thereafter received shall
be in the custody of the Department of Finance, excepting the documents
relating to contracts entered into pursuant to the authority of the
Board of Contract and Supply subsequent to January 1, 1927.
The heads of all departments and members of
their staff shall with all convenient speed, from time to time, deliver
for custody all documents and papers of the kind hereinbefore described,
hereafter received as hereinbefore provided.
[Amended 11-12-1946; 8-10-1948; 3-25-1958; 6-8-1965; 1-27-1970 by Ord. No. 70-36; 11-12-1985 by Ord. No.
85-480; 11-10-1992 by Ord. No. 92-403]
A.Â
When, by the terms of any law or ordinance, some act,
work or thing is required to be done in, upon, about or in connection
with real property or a structure thereon or street adjoining thereto,
such act, work or thing must be done by the owner, occupant or tenant
of such real property, and in case of failure of such owner, occupant
or tenant to do the same, an officer of the City is authorized to
do or cause to be done such act, work or thing, after a notice to
comply with such requirement within the time determined by such officer
has been served upon the owner in the manner prescribed in the City
Charter,[1] and the said officer does such work or causes the same
to be done, the expense incurred shall be assessed upon said real
property as described in the manner prescribed in the City Charter.
[1]
Editor's Note: See Charter § 6-92.
B.Â
When a structure or material is constructed, maintained
or placed upon real property or upon a structure thereon or upon,
in or over a street adjoining thereto, contrary to or in violation
of the terms of an ordinance, or when a permit for a street encroachment
has been revoked, such structure, encroachment or material must be
removed by the owner, occupant or tenant of such real property, or
in case of the failure of such owner, occupant or tenant to do the
same, the Commissioner of Environmental Services is authorized to
remove or cause to be removed such structure, encroachment or material,
after a notice to comply with the requirement for the removal of the
same within the time determined by the Commissioner has been served
upon the owner in the manner prescribed by the City Charter,[2] and the expense incurred shall be assessed against real
property as prescribed in the City Charter.
[2]
Editor's Note: See Charter § 6-92.
C.Â
All work done by the City on failure of the owner
to comply with notice to have such work performed shall be charged
to the owner on the following basis:
(1)Â
When such work is performed by City forces, the costs
of labor, materials and equipment shall be calculated and billed as
prescribed by the administrative regulation of the Mayor covering
this subject. Such regulation shall provide for recovery by the City
of all costs incidental to the work performed, including employee
benefits, administrative, general, technical, engineering, clerical,
billing, purchasing, freight and warehousing costs.
(2)Â
When such work is let by contract, the amount paid
to the contractor, plus 5% of such amount to cover cost of clerical
work and City inspection.
[Added 5-12-1992 by Ord. No. 92-185; amended 6-15-1999 by Ord. No. 99-213; 6-16-2009 by Ord. No.
2009-190]
There shall be a minimum nonrefundable fee of
$15 for all nonpromotional civil service examinations, payable upon
application for such examination. The Executive Secretary to the Civil
Service Commission is authorized to establish a nonrefundable fee
not to exceed $25 for nonpromotional civil service examinations with
a high cost of development or administration, such as computer-based,
oral performance or commercially produced examinations. The Civil
Service Commission is authorized to adopt rules and regulations to
provide for waivers of such fees based upon the need of the applicant
or where waiver is deemed to be in the best interests of the City.
City employees applying for promotional examinations shall pay a nonrefundable
fee for both state and local examinations equivalent to the fee charged
to the City by New York State for promotional examinations.
[1]
Editor's Note: Former § 14-11, Office
hours, as amended 4-24-1955, was repealed 9-12-1978 by Ord. No. 78-463.
[1]
Editor's Note: Former § 14-12, Vacations
and sick leave for hourly and per diem employees, was repealed 8-11-1964.
[1]
Editor's Note: Former § 14-13, Police
and fire; assigned holiday work; compensatory time off or payment,
was repealed 9-12-1978 by Ord. No. 78-463.
[1]
Editor's Note: Former § 14-14, Salary
of City Court Judge, as last amended 1-27-1976 by Ord. No. 76-26,
was repealed 9-12-1978 by Ord. No. 78-463.
[Amended 1-27-1970 by Ord. No. 70-19; 3-9-1982 by Ord. No. 82-100; 2-2-1988 by Ord. No. 88-21; 3-16-1999 by Ord. No. 99-76]
The compensation of the citizen members of the
Board of Assessment Review shall be as follows: an hourly fee of $25
for each hour spent in the performance of their duties, not to exceed
the amount of $200 for any single day.
[Amended 3-9-1965 by Ord. No. 65-56; 9-12-1978 by Ord. No. 78-463; 11-12-1985 by Ord. No.
85-480; 11-10-1992 by Ord. No. 92-403]
The salaries and compensation of officers and
employees of the City of Rochester, except laborers, now paid weekly,
or who may hereafter be paid daily, shall be computed biweekly and
paid within two weeks after the close of such biweekly period. The
Director of Finance, Treasurer and the heads of all departments are
hereby authorized to take the necessary steps for such payment of
said salaries and compensation at the times specified in this section.
When certified to the Mayor by the head of any department that payment
of wages on a daily basis is necessary in the public service because
of abnormal conditions in the labor market, the Mayor may authorize
such wages to be paid daily, on time cards, prior to the preparation
of payrolls.
A.Â
Wages and salaries shall be listed upon payrolls and
paid in cash or by check.
B.Â
When payment is made in cash, except when wages are
paid on a daily basis, receipt of such wages or salary shall be acknowledged
upon the payroll by the separate receipt for the amount set forth
therein by the person receiving the same, except that when payment
is made on a daily basis pursuant to authorization of the Mayor, receipt
of such wages may be acknowledged on a City time card for the wages
due thereunder duly issued to the employee.
[Amended 11-12-1985 by Ord. No. 85-480]
C.Â
When payment is made by check, the person receiving
the same shall, at the time of the receipt of such check, execute
the following receipt on the reverse side of said check: "This check
is accepted in full satisfaction of all wages, salaries, deductions
and/or materials furnished during the payroll period on the payroll
for which this check is drawn."
D.Â
Every City officer, employee or other person receiving
from the City wages or salary, who has signed such receipt upon such
payroll or time card as having received the amount mentioned in such
payroll or time card in full payment for services rendered by him
or her for the period specified in such payroll or time card or such
receipt or such check, shall be deemed to have made an accord and
satisfaction of all claims against the City for the period covered
by such receipt upon the payroll or, when payment is made by check,
for the payroll period on the payroll for which such check is drawn,
unless he or she shall endorse upon the payroll so receipted by him
or her or upon the reverse side of the check at the time he or she
receives the same that the amount of such wages or salary is received
under protest.
[Amended 2-14-2006 by Ord. No. 2006-22]
E.Â
No recovery shall be had against the City for any
additional wages, salary, deductions and/or materials furnished during
the period of time covered either by the payroll or time card so receipted
by him or her, or for the payroll period on the payroll for which
such check is drawn, unless such protest is written legibly upon such
payroll or time card, or legibly endorsed upon such check at the time
such officer or employee receives the same.
[Amended 2-14-2006 by Ord. No. 2006-22]
F.Â
The Comptroller is hereby authorized and empowered
in his or her discretion to direct that wages or salaries shall not
be paid except upon such receipt being signed upon the payroll or
upon the time card or upon such check by the City officer, employee
or other person receiving wages or salary.
[Amended 1-23-1951; 2-14-2006 by Ord. No. 2006-22]
In case the Council has heretofore determined
or hereafter determines it to be impracticable to procure work to
be done by competitive contract, and an officer or board of the City
hires or employs some person or corporation to do such work, such
officer or board is hereby authorized to require such person or corporation
to execute and deliver a bond for the faithful performance of such
work and indemnifying the City against all loss, liability or damages
incurred by or because of the doing of such work.
[Amended 11-10-1992 by Ord. No. 92-403; 2-14-2006 by Ord. No. 2006-22]
For the issuance or granting by the City or
any of its boards, officers or employees of any permit or license
for which no fee is otherwise prescribed by law or ordinance, an annual
fee for the whole or part of any year of $1 is hereby required, unless
otherwise prohibited by law, and shall be paid as a further condition
for such granting or issuance. In the case of continuing rights or
privileges of indefinite duration, or where such rights or privileges
continue for more than one year from the date of issuance, an annual
fee shall be paid in January of each year as a further condition of
the existence of such rights or privileges, unless the same are part
of an agreement for the acquisition of rights or easements by the
City. Such fees shall be paid to the board, officer or employee authorized
to issue the same, and by him or her shall be immediately paid to
the City Treasurer and credited to the general fund of the City. The
Director of Finance is hereby authorized to make regulations respecting
the issuance of receipts and methods of accounting as he or she may
deem for the best interests of the City.
The compensation of Inspectors of Election of
the City of Rochester shall be fixed and paid by the County of Monroe.
[1]
Editor's Note: This ordinance stated that
it would take effect retroactively to 9-12-2006.
[1]
Editor's Note: Former § 14-21, Voting
machines, was repealed 10-17-2006 by Ord. No. 2006-331.
The Council of the City of Rochester, Monroe
County, New York, approves of the inclusion of the officers and employees
of the City of Rochester, County of Monroe and State of New York,
in the New York State Employees' Retirement System, which system is
provided for by Chapter 741 of the Laws of 1920, as amended, being
Article 4 of the Civil Service Law, and which inclusion, together
with the conditions of same, is provided for by Chapter 591 of the
Laws of 1920, being Article 5 of the Civil Service Law.
[1]
Editor's Note: Former § 14-23, Use
of privately owned automobiles, as last amended 3-9-1976 by Ord. No.
7678-82, was repealed 9-12-1985 by Ord. No. 78-463.
[Added 7-3-1946; amended 12-26-1961]
Any City employee shall have the right to join
any organization which is loyal to the United States and does not
claim the right to strike against the public. Any City employee or
committee of City employees and/or their representatives selected
by organized or unorganized employees may present grievances, complaints
and recommendations relating to conditions of employment to the respective
department heads.[1]
[Added 12-22-1961; amended 11-10-1992 by Ord. No. 92-403; 2-14-2006 by Ord. No. 2006-22]
The Director of Finance is authorized to deduct
from the wages or salary of any employee of the City such amount that
such employee may specify in writing, filed with the Director of Finance,
for the payment of dues in a duly organized association, organization
or union of civil service employees, and to submit any sum so deducted
to said association, organization or union. The Director of Finance
may adopt such rules and regulations as he or she shall deem necessary
to effectuate the above authorization.
[Amended 11-12-1985 by Ord. No. 85-480]
A.Â
The Mayor is hereby authorized to recognize a duly
organized union or employee organization as the bargaining agent for
an appropriate unit of City employees upon submission to him or her
of satisfactory proof that said union or organization is representative
of the unit. Such recognition shall be extended to unions or organizations,
provided that such unions or organizations do not hinder or impede
the administration of the government of the City of Rochester.
B.Â
Upon recognition of a union or employee organization,
the Mayor is authorized to engage in negotiations with said recognized
union or organization and to execute a collective bargaining agreement
concerning wages, hours and all other conditions.
