The executive power of the city is vested in
the mayor and in such executive officers and departments as are or
may be created by law or by resolution of the board of estimate and
contract. The mayor shall be the official head of the city for services
of all civil process and under the military law, and for all ceremonial
purposes. He shall be the administrative head of the city government
and ex-officio head of all departments.[1] He shall see that within the city the laws of the state
and the ordinances, resolutions and bylaws of the council are faithfully
executed.[2]
All appointive officers, except as provided
by the laws of the State of New York or herein otherwise specified,
shall be appointed by the mayor and may be removed by him, in accordance
however with the provisions of the Civil Service Law.
Whenever there shall be any vacancy in the office
of the mayor or whenever by reason of sickness or absence from the
city the mayor shall be prevented from attending to the duties of
the office the council shall elect one of its members of the same
political faith as the duly elected mayor to act as mayor and possess
all the rights of mayor during such period of the disability or absence.
In case of a vacancy in the office of the mayor the person so elected
by the council shall so act until noon of the first day of January
next succeeding the election at which the mayor's successor shall
be chosen. It shall not be lawful for the person when acting as mayor
to exercise any power of appointment or removal from office unless
such sickness or absence shall have continued for a period of sixty
days; or to sign, approve or disapprove any ordinance or resolution
unless such sickness or absence shall have continued for a period
of at least nine days.
In case of riot, conflagration, flood or other
public emergency requiring it, the mayor shall have power to call
out the police and firemen; he shall also have power to appoint such
number of special policemen as he may deem necessary to preserve the
public peace. Such special policemen shall be under the sole control
of the regularly constituted officers of the police department. They
shall have power to make arrests only for public intoxication, disorderly
conduct or other offenses against peace and good order. In case of
riot or insurrection, he may take command of the whole police force,
including the chief executive officers thereof.
The mayor shall, on behalf of the city, execute
all deeds and contracts made by it, and shall cause to be affixed
thereto the official seal.
