[Amended by L. 1920, c. 866; L.L. No. 3-1990]
The Mayor shall be the general executive officer
of the city. He shall:
1.
See that the city departments, boards, commissions
and officers faithfully perform their duties.
2.
Use the powers and resources at his command for the
maintenance of peace and good order within the city.
3.
Be vigilant and active in causing the laws of the
state and the ordinances of the Common Council to be executed and
enforced within the city.
4.
Communicate, by written message, to the Common Council,
at least once a year, a statement of the finances and general condition
of the affairs of the city, with such recommendation in relation thereto
as he may deem proper.
5.
Give such information in relation to the same as the
Common Council may from time to time require.
6.
Receive and examine complaints against any city officer
for neglect of duties or malfeasance in office and immediately present
the same to the Common Council.
7.
Have power and authority to call out and command the
police and firemen of the city, including the chief executive officers
thereof, whenever, in his discretion, he shall deem it necessary,
and such command shall be in all respects obeyed.
8.
When he deems necessary, call together the heads of
the different departments, boards, commissions and officers of the
city for consultation and advice in relation to the city affairs and
require them to report, in writing, at such meeting in regard to the
transactions of the respective departments, boards, commissions and
officers, and it shall be the duty of said heads and officers to attend
such meeting and submit such reports to the Mayor without delay. The
City Clerk shall attend such meeting and make a record of its transactions
and keep such record in his office.
9.
Execute all deeds made by the city and cause to be
affixed thereto the City Seal, except tax deeds.
10.
Have the authority at all times to examine records
of any department, board, commission, office, officer or employee
and may appoint one or more competent persons to examine without notice
the records and accounts of any city department, board, commission,
office, officer or employee and the moneys, securities and property
belonging to the city in the possession or charge thereof and to report
to him the result of such examination. Upon such examination conducted
by the Mayor, he may take proof and testimony. The Mayor may fix the
compensation, to be paid to such persons appointed and employed by
him, and such compensation shall be a legal charge against the city.
[Amended by L.L. No. 3-1990]
Whenever there shall be a vacancy in the office
of Mayor or whenever by reason of sickness or absence from the city
for a period in excess of seven days the Mayor shall be prevented
from attending to the duties of the office, the President of the Common
Council shall act as Mayor, and possess all the rights of Mayor during
such period of disability or absence. In case of a vacancy in the
office of Mayor, he 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 President of the Common
Council, when acting as Mayor in consequence of the absence or sickness
of the Mayor, to exercise any power of appointment or removal from
office unless such sickness or absence shall have continued for a
period of 30 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 a permanent vacancy
in such office, the President of the Common Council shall have and
receive the compensation of Mayor while acting in the discharge of
the duties of Mayor.
[Amended by L.L. No. 1-1949; L.L. No. 3-1952; L.L. No. 3-1990]
The City Clerk shall:
1.
Be Clerk of the Common Council and keep a journal
of its proceedings.
2.
Be a member of the Board of Public Safety hereinafter
created and shall be Clerk thereof and keep a journal of its proceedings.
3.
Be Clerk or Secretary of such other boards or commissions
having no clerk or secretary, as the Common Council may by ordinance
prescribe.
4.
Transmit to each department, board, commission or
officer a copy of every ordinance or resolution of the Common Council
or Board of Public Safety affecting the department, board, commission
or office.
5.
Be the custodian of the City Seal and all records
and documents of the city whose custody is not in some other department,
board, commission or officer.
6.
Upon payment of a fee of $5 per folio from each person,
other than a city officer, make a certified copy of any record or
document in his office under the Seal of the city.
7.
Keep an accurate account of all fees and moneys received
by him as such Clerk, other than his salary, and within 10 days after
the receipt thereof, pay the same to the City Treasurer and which
shall be credited to the general fund, for which he shall take receipt
and file the same in his office.
8.
Possess the powers and discharge all the duties and
liabilities of a Town Clerk in relation thereto, and the office of
City Clerk shall be a Town Clerk's office, and the city shall be deemed
a town, for the purpose of depositing and filing therein all books
and papers required or authorized by law to be filed in a Town Clerk's
office.
9.
Have such other powers and duties as may be prescribed
by statute, ordinances or resolution of the Common Council.
10.
The City Clerk may appoint and at pleasure remove
a Deputy City Clerk, who shall be authorized to act subject to the
directions of the City Clerk, generally for and in place of his principal,
and who shall perform all the duties and possess all the powers of
the City Clerk during the latter's absence or inability to act or
in event of a vacancy in such office.
[Amended by L.L. No. 2-1942; L.L. No. 1-1952; L. 1953, c. 878, §§ 258
and 259; L.L. No. 4-1960; L.L. No. 1-1964; L.L. No. 3-1990]
The City Treasurer shall:
1.
Be the fiscal officer of the city and shall keep a
separate account of the different funds of the city and shall not
pay out any moneys chargeable to any fund in excess of the amount
standing on his books to the credit of such fund and shall not knowingly
pay any moneys from any fund which is not properly chargeable thereto.
2.
Be the collector of all taxes and assessments, including
state and county taxes, and shall have the care and custody thereof
and shall disburse the moneys belongings to or due the city from every
source, except as otherwise provided by law.
3.
Deposit daily to the credit of the city in such banks
or trust companies as shall be designated by the Common Council for
such purpose all moneys received by him each day, except where such
daily receipts do not exceed $100.
4.
Before the first meeting of the Common Council in
each month, file with the City Clerk a report showing, in detail,
the total expenditures and receipts of city moneys during the next
preceding calendar month, a summary statement of the receipts and
expenditures of the city moneys during that portion of the current
fiscal year expiring with the last day of such preceding month and
the balance at the end of such month, standing to the credit of each
of the city funds. Such statement shall be in such form as shall be
prescribed from time to time by the Common Council. An abstract of
such report shall, if the Common Council so directs, be published
each month at least once in the official newspaper of the city.
5.
Have the possession of the warrants and assessment
rolls, which may from time to time be delivered to him by the Clerk
of the city.
6.
Enter daily in suitable hooks, as may be prescribed
by the Common Council, all sums of money received by him, on whose
account the same shall have been paid, and at the expiration of each
month exhibit the same to the Mayor and Finance Committee of the Common
Council for inspection.
7.
Enter in a column in the assessment rolls opposite
the names of the persons or corporations who shall pay taxes or assessments
the fact, amount and date of payment.
8.
Keep a record of all persons and their addresses who
may pay taxes for nonresidents of the city and the addresses of such
nonresidents, so far as he can ascertain the same.
9.
Be the custodian of all securities, obligations and
other evidence of debt belonging to the city.
10.
Annually settle with the Common Council and as most
often as they may require for all city tax rolls and warrants and
local assessment rolls and warrants issued to him and for all moneys
received or collected by him for city purposes and shall account for
all moneys paid upon warrants, drafts and orders of the Common Council.
11.
Pay out no moneys unless the same has been audited
in accordance with the provisions of this Act and upon warrants signed
by the Mayor or Acting Mayor and City Clerk.
12.
Have such other powers and duties as may be prescribed
by statute, ordinance or resolution of the Common Council.
13.
Employ a clerk in his office when authorized by the
Common Council, at such compensation as may be fixed by it, which
position shall be exempt from the provisions of the Civil Service
Law. The Treasurer and the sureties on his official bond and the bonds
which may be given by him shall be jointly and severally liable for
all acts of such clerk. The Treasurer may discharge any such clerk
appointed by him without notice.
14.
The City Treasurer may appoint a Deputy City Treasurer,
who shall be authorized to act, subject to the direction of the City
Treasurer, generally for an in place of his principal, who shall perform
all the duties and possess all the powers of the City Treasurer during
his absence or inability to act or in the event of a vacancy in such
office. The compensation of such Deputy shall be fixed by the Common
Council, and the same shall be a city charge. The certificate of appointment
of such Deputy shall be in conformity with § 16 of the City
Charter, and the undertaking of the City Treasurer required by § 49
of the City Charter shall cover the acts and defaults of such Deputy,
and any additional premium for such additional coverage shall be a
city charge.
14A.
The City Treasurer may appoint and at pleasure
remove a City Accountant, who shall be responsible, under the direction
and control of the City Treasurer, for the general accounting functions
and duties pertaining to the accounts and records of the City School
District and the Water Department in the City Treasurer's office and
who shall perform such other duties as the City Treasurer may from
time to time prescribe.
14B.
The City Treasurer may appoint all other personnel which the
City Treasurer deems fit to the City Treasurer staff, subject to budget
approval by the City Council. The additional personnel shall perform
such duties as the City Treasurer may from time to time prescribe.
[Added 9-5-2012 by L.L.
No. 4-2012]
[Amended by L.L. No. 3-1990]
Before entering upon the discharge of his duties,
the City Treasurer shall execute and file with the City Clerk an official
bond in such penal sum as may be prescribed by the Common Council,
not less than $50,000 nor more than the aggregate amount of money
received by the Treasurer of the city during the last fiscal year.
The surety in such bond shall be a fidelity or a surety corporation,
and the reasonable expense of procuring such surety shall, together
with the bond which may be required to be given by the Clerk of said
Treasurer, be a charge against the city. Such bond, when approved
as provided by law, shall be filed in the office of the City Clerk.
[1]
Editor's Note: Former § 50, General
powers and duties of the City Engineer, and § 51, Additional
powers and duties of City Engineer, both as amended by L. 1920, c.
866, were repealed by L.L. No. 3-1990.
[Amended by L.L. No. 3-1990]
It shall be the duty of the President of the
Common Council and every Alderman to attend the regular and special
meetings of the Common Council; to act upon committees when thereunto
appointed by the Mayor or Common Council; to arrest or cause to be
arrested all persons violating the laws of this state or ordinances,
bylaws or police regulations of the city, when such violations are
committed in his presence; to report to the Mayor all subordinate
officers who are guilty of any official misconduct or neglect of duty;
to aid in maintaining peace and good order in the city and to perform
and assist in performing all such duties as are by this Act enjoined
upon Aldermen of the city separately or upon the Common Council thereof.
The Sealer of Weights and Measures, when directed
by the Mayor, shall inspect and examine such weights, measures, scale
beams, measures of extension and weighing apparatus and shall at all
times possess the same powers and be subject to the same obligations
as a sealer of weights and measures of the several towns of this state
and shall do and perform such other duties in connection with his
office as may be prescribed by the Common Council.
The Marshals of said city shall have the same
powers and jurisdiction and be subject to the same liabilities as
if the City of Rensselaer were a town in the County of Rensselaer
and they were constables thereof, except that no Marshal of the city
shall be compelled to execute any criminal process or aid in other
criminal business, nor shall any Marshal of the city be entitled to
receive any compensation for his services in any criminal actions
or special proceedings of a criminal nature for or on account of any
offense committed or charged to have been committed within said city.
[1]
Editor's Note: Former § 55, General
powers and duties of Assessors, was repealed by L.L. No. 3-1990.
[Amended by L.L. No. 3-1990]
No person shall be eligible to the appointment
as Health Officer unless he shall be a physician and surgeon, duly
licensed to practice under the laws of this state, and has practiced
as such for at least two years. The Health Officer shall possess such
powers and perform such duties as shall be delegated to or prescribed
to be performed by health physicians of cities by law, by the Board
of Public Safety or by ordinances of the Common Council. He shall
perform all services required by law to be performed of a physician
or surgeon by the Education Law or any law of the state or this Act,
and it shall not be lawful for the Common Council, Board of Education
or any other officer or board of the city to employ any other physician
or surgeon, and his compensation herein fixed shall be in full payment
of all services which he shall render.
[1]
Editor's Note: Former § 57, General
powers and duties of Supervisors, as amended by L. 1943, c. 710, § 58,
General powers and duties of Superintendent of Fire Alarm, and § 59,
The entire City of Rensselaer shall comprise a single charity district,
as amended by L.L. No. 2-1934, were repealed by L.L. No. 3-1990.
Commissioners of Deeds appointed by the Common
Council shall hold office for a term of two years from the dates of
their appointment or until others are appointed in their places. A
vacancy occurring during the term for which any Commissioner shall
be appointed shall be filled by the Common Council. The Common Council
shall, at the end of every even-numbered year, by resolution, determine
the number of Commissioners of Deeds to be appointed. Such Commissioner
of Deeds shall be appointed by resolution of the Common Council, and
the City Clerk shall immediately after such appointment file a certificate
thereof with the County Clerk of Rensselaer County, specifying the
term for which said Commissioner of Deeds shall have been appointed.
The County Clerk shall thereupon notify such persons of their appointment,
and such persons shall qualify by taking the oath of office before
such County Clerk within 10 days after the giving of such notice,
and the County Clerk shall demand and receive the sum of $1 from each
person so qualifying. Commissioners of Deeds shall have power to take
proof and acknowledgments of all written instruments.
The powers and duties of all other city officers
shall be such as are hereinafter prescribed in this Act or, when not
so prescribed, as provided by existing general laws applicable to
such officers, and all such officers shall do and perform such other
duties and services connected with their offices as may be prescribed
by the Common Council by ordinances or resolution thereof.
