The executive power of the City is vested in the Mayor and in
such executive officers and departments as are created by this Act
or may be created by law.
[Amended by L.L. No. 1-1926; L.L. No. 4-1927; L.L. No. 5-1939; L.L. No. 8-1977; L.L. No. 2-1978]
a.
Whenever
there shall be a vacancy in the office of Mayor, or whenever by reason
of illness or other disability or absence from the City, the Mayor
shall be prevented from attending to the duties of the office of Mayor,
or in the event of the absence of the Mayor from the City, the President
of the City Council shall act as Mayor and possess all the powers
of the Mayor during such period of disability or absence, except that
it shall not be lawful for the President of the City Council when
acting as Mayor in consequence of the disability or absence of the
Mayor from the City to exercise any power of appointment or removal
from office unless such disability or absence shall have continued
for a period of 60 days.
b.
In
the event of a vacancy in the office of President of the City Council
or the President of the City Council shall be unable to act as Mayor
by reason of disability or absence from the City, the President Pro
Tempore of the City Council shall act as Mayor during such vacancy,
disability or absence; and whenever there shall be a vacancy in the
office of President of the City Council and President Pro Tempore
of the City Council or both such officials shall be unable to act
as Mayor by reason of disability or absence from the City, the Acting
President Pro Tempore of the City Council shall act as Mayor. In either
such case, the powers, duties and limitations thereon hereinbefore
set forth, and as otherwise provided by law, with respect to the President
of the City Council acting as Mayor shall apply.
c.
In
case of a vacancy in the office of Mayor, the President of the City
Council or the President Pro Tempore of the City Council or the Acting
President of the City Council, as the case may be, shall so act as
Mayor until the successor to the Mayor shall assume office as hereinafter
provided, notwithstanding that the term as President, President Pro
Tempore or Acting President Pro Tempore may have expired, but shall
not act as Mayor after his term of office as Councilman has expired.
d.
In
case of a vacancy in the office of Mayor occurring on or after the
first day of July and before September 20 of any year, it shall be
filled at the general election held not less than 45 days thereafter,
unless otherwise provided by the Constitution, or unless previously
filled at a special election. The term of office of the person so
elected to the office of Mayor shall commence on the first day of
January next following such annual election and shall continue for
the remainder of the unexpired term.
e.
In
case of such vacancy occurring prior to the first day of July in any
year, or less than 45 days prior to the next general election, it
shall be filled at a special election directed by the City Council
to be held on a business day 90 days after the vacancy shall occur,
unless such day shall be a Saturday, Sunday, legal holiday or religious
holiday, in which event said special election shall be held on the
next business day. The term of office of the person elected to the
office of Mayor at such special election shall commence on the day
following that of his election and shall continue for the remainder
of the unexpired term. The provisions of the Election Law of the State
of New York pertaining to special elections shall apply.
The Mayor shall appoint a Secretary and such other assistants
as may be prescribed by the Board of Estimate and Contract.
[Amended by L.L. No. 9-1960; L.L. No. 1-1972]
It shall be the duty of the Mayor to see that the City officers
and departments faithfully perform their duties; to maintain peace
and good order within the City; to take care that the laws of the
state and the ordinances of the City Council are executed and enforced
within the City; to communicate by written message to the City Council
at a regular meeting in March and at such other times as he may deem
proper, a statement of the finances and general condition of the affairs
of the City with such recommendations in relation thereto as he may
deem proper; to give such information in relation to the same as the
City Council may from time to time require; and to call a special
meeting of the City Council whenever in his judgment it is required
by public necessity.
[Amended by L.L. No. 1-1972]
The Mayor shall call together the heads of the City departments
for consultation and advice upon the affairs of the City on the second
Monday of each month, or in case that day shall fall upon a legal
holiday, then on the day following, and at such other times as he
may deem advisable and necessary. At such meetings he shall call upon
the heads of the departments to submit to him such reports upon the
subject matters under their control and management as he may deem
proper. At such meetings, the Mayor shall receive complaints and suggestions
made by residents of the City or owners of taxable property therein
concerning the conduct of its administrative departments, the performance
of public contracts, the preservation of public property, the construction,
repair and maintenance of streets, the condition of public utilities,
the care of parks, playgrounds and sidewalks, and the reform or improvement
in efficiency of its departmental business methods, or any other matters
relating to the welfare and good government of the City. He may grant
public hearings upon such complaints and suggestions, and may in his
discretion report to the City Council any of such complaints or suggestions
and propose legislative action thereon. At such meetings rules and
regulations shall be adopted for the harmonious, systematic and efficient
administration of the affairs of the City, not inconsistent with law
or ordinance. The Mayor's Secretary shall be the Clerk and keep the
records of such meetings.
[Amended by L. 1923, Ch. 617; L.L. No. 49-1961]
The Mayor shall, on behalf of and in the name of the City of
Mount Vernon, countersign all checks issued by the Comptroller, except
checks issued to pay the principal of bonds, interest thereon, coupons
thereof, and for compensation of employees of the Department of Public
Works, and execute all deeds and contracts made by the City and shall
cause to be affixed thereto the City seal. In countersigning all checks,
the Mayor may use a facsimile signature device.
[Amended by L.L. No. 15-1961; L.L. No. 1-1972]
The Mayor shall have authority to examine the books and papers
of any elected or appointed officer, employee or department of the
City at all times and as often as he may deem proper to appoint one
or more competent persons to examine, without notice, the accounts
of any City officer or department, and the money, securities and property
belonging to the City in the possession or charge of any officer or
department and to report the result of such examination to the City
Council; and he may administer oaths to witnesses and take testimony
in all cases relating to the affairs of the City and its officers
and employees. In making such examination, he may issue subpoenas
for the appearance of witnesses, including any officer of the City,
elected or appointed, and for the production of books and papers.
[Amended by L.L. No. 16-1961; L.L. 1-1972]
The Mayor shall have such other powers and perform such other
duties as may be prescribed in this chapter or by other laws of the
state or by ordinance of the City Council not inconsistent with law.
In case of riot, conflagration, enemy attack or other public emergency
requiring it, the Mayor shall 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 appointed and constituted officers of the Police Department.
They shall have the same power to make arrests as apply to peace officers.
In case of riot, enemy attack or insurrection, he may take command
of the whole police force.
