The provisions of law governing the establishment, organization,
powers and duties of the Water Commission of the City of Mount Vernon
shall remain unimpaired by this chapter except that said Commission
shall consist of but one person to be appointed by the Mayor and to
hold office during his pleasure and upon whose appointment, the terms
of office of the Commissioners now in office shall cease and expire.
The provisions of law governing the establishment, maintenance,
management, control, and distribution of pension funds for the benefit
of members of the Police and Fire Departments shall be unimpaired
by this chapter.
All books and papers and documents filed with or constituting
a part of the records or proceedings of any officer, board or department
of the City, shall be deemed to be public records and shall, during
office hours, be open to public inspection.
Upon the trial of any issue or the prosecution of any proceeding,
or upon the taking or making of any inquisition, appraisal or award,
or upon the judicial investigation of any facts whatever, to which
issue, proceedings, inquest, investigation or award the City is a
party, or in which the City may in any way be interested, no person
shall be deemed incompetent as a judge, referee, Commissioner or witness
or juror by reason of his being an inhabitant, freeholder or taxpayer
of the City.
[Amended by L.L. No. 1-1972]
No witness shall be excused from testifying in any criminal
proceeding or in any investigation or inquiry before the City Council,
or any committee thereof, or before any officer conducting an investigation,
touching the knowledge of such witness as to any offense committed
in violation of the provisions of this chapter, or of any law of the
state or ordinance of the City; but such testimony shall not be used
against such witness in any criminal prosecution or proceeding whatever.
[Amended by L.L. No. 4-1928; L.L. No. 2-1955; L.L. No. 2-1992; 8-8-2012 by L.L. No.
2-2012]
No civil action shall be maintained against the City for damages
or injuries to person or property sustained in consequence of any
street, highway, City tree, bridge, culvert, sidewalk, crosswalk,
sanitary sewer or storm drains, public parking lot or parking garage
being defective, out of repair, unsafe, dangerous or obstructed unless,
previous to the occurrence resulting in such damages or injury, written
notice of the defective, unsafe, dangerous or obstructed condition
of said street, highway, City tree, bridge, culvert, sidewalk, crosswalk,
sanitary sewer or storm drains, public parking lot or parking garage
was actually given to the Commissioner of Public Works and that there
was a failure or neglect within a reasonable time after the receipt
of such notice to repair or remove the defect, danger or obstruction
complained of. No such action shall be maintained for damages or injuries
to the person or property sustained solely in consequence of the existence
of snow or ice upon any sidewalk, crosswalk, street, highway, bridge,
culvert, City tree, public parking lot or parking garage unless written
notice thereof relating to the particular place was actually given
to the Commissioner of Public Works, and there was a failure or neglect
to cause such snow or ice to be removed, or the place otherwise made
reasonably safe within a reasonable time after the receipt of such
notice.
The City shall not be liable in a civil action for damages or
injuries to person or property or invasion of personal or property
rights of any name or nature whatsoever, whether casual or continuing,
arising at law or in equity, alleged to have been caused or sustained,
in whole or in part, by or because of any omission of duty, wrongful
act, fault, neglect, misfeasance or negligence on the part of the
City, or any of its agents, officers or employees unless a written
notice of claim shall have been made and served in compliance with
Section 50-e of the General Municipal Law, nor unless an action shall
be commenced thereon within one year after the happening of such accident
or injury or the occurrence of such act, omission, fault or neglect
but no action shall be commenced to recover upon or enforce any such
claim against the City until the expiration of three months after
the service of said notice. The Mayor of said City may, within the
period of three months from the time of the presentation of any claims
against the City, require the claimant to be sworn before him with
relation to such claim, and when so sworn, to swear orally as to any
facts relating to the justice of such claim. Nothing contained in
this section shall be held to repeal or modify or waive any existing
requirement or statute of limitations which is applicable to these
classes of actions but, on the contrary, shall be held to be additional
requirements to the right to maintain such action, nor shall anything
herein contained be held to modify any existing rule of law relative
to the question of contributory negligence, nor to impose upon the
City any greater duty or obligation than it shall keep its streets
and public places in a reasonably safe condition for public use and
travel.
The term "street" as used herein shall include the curbstone,
an avenue, underpass, road, alley, lane, boulevard, concourse, parkway,
road or path within a park, park approach, driveway, thoroughfare,
public way, public square, and public parking area. The term "sidewalk"
as used herein shall include an underpass, pedestrian walk or path,
step or stairway. The term "bridge" as used herein shall include a
viaduct or overpass.
If any clause, sentence, phrase, paragraph or any part of this
section shall, for any reason be adjudged finally by a court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of this section but shall be confined
in its operation and effect to the clause, sentence, phrase, paragraph
or part thereof directly involved in the controversy or action in
which such judgment shall have been rendered. It is hereby declared
to be the legislative intent that the remainder of this section would
have been adopted had any such provisions not been included.
All books, papers, documents, files, funds and moneys in the
hands of the elective and appointive officers of the City at the time
when this chapter goes into effect shall be turned over to the Mayor.
Nothing contained in this section is to be construed as relating to
the public school system or the Board of Education now existing in
the City, or as modifying or destroying any vested right.
[Added by L.L. No. 5-1960]
The provisions of §§ 29, 50, 64, 66 and 72 of
the Charter of the City of Mount Vernon shall be deemed and do hereby
extend to include the Commissioner of the Board of Water Supply as
a City official and the Board of Water Supply of the City of Mount
Vernon, New York, as a City department wherever applicable.
[Added 11-23-2021, approved 11-24-2021]
A Mount Vernon Charter Review Commission ("Commission") composed
of 15 members shall be appointed, and no later than every 10th year
thereafter following the expiration of the term of this Commission
a later separate Commission shall be appointed, as herein provided,
to review the existing Charter of the City and recommend revision
of or amendment to the Charter to the residents of the City of Mount
Vernon.
A.
Commission
members shall be selected from among persons who shall be residents
of the City.
B.
By
a date no later than January 2, 2022, for the initial Commission appointed
pursuant to this provision, and, following the expiration of the term
of this initial Commission, by on or about that month and day no greater
than every 10th year thereafter for the later separate Commission
appointed pursuant to this provision, the Mayor shall widely solicit
interest in serving on the Commission from residents of the City through
such means as announcements on the City website, e-mail, contact with
civic groups, and postings in public locations and in news media.
No later than 45 days following the solicitation of interest in serving
by the Mayor, interested persons shall indicate their availability
for service on the Commission by direct written or online communication
with the City Clerk accompanied by any supporting materials they regard
as appropriate, specifying their qualifications.
C.
No later than 20 days following receipt by the City Clerk of the communications from interested persons as provided in Subsection B, the City Clerk shall provide the Mayor and the City Council President a report on this process and an inclusive list of all persons identified as interested in serving on the Commission. This list shall constitute the pool from which all Commission Members shall be selected.
D.
No
later than 30 days following receipt of the report of the City Clerk
by the Mayor and the City Council President, the Mayor shall appoint
seven Commission members selected from the available pool and the
City Council shall appoint seven Commission members selected from
the available pool.
E.
Initial
and any subsequent appointments to the Commission from the pool of
interested persons gathered in this manner shall represent the political,
ethnic/racial, and gender demographic diversity, and the geographic
diversity, of the City
F.
No
later than 30 days following the appointment of the initial 14 Commission
members,
a.
The City Clerk shall convene the initially appointed 14 Commissioners
at a meeting at which they shall select the 15th Commission member
from the previously established pool, and
b.
By majority vote, Commission members shall select a Chairperson from
among their number, who shall serve subject to removal by a vote of
two-thirds of the members.
c.
In the event that a vacancy arises in the position of Chairperson
the vacancy shall be filled by a majority vote of the entire Commission
membership as soon as practicable, but in no event later than at the
Commission's next scheduled meeting immediately following the
occurrence of the vacancy.
G.
Any
vacancy that arises in the membership of the Commission shall be filled
in the same manner in which that position was originally filled, no
more than 15 days from the date that the vacancy arose.
H.
Initially
within 30 days following the formation of the Commission as herein
provided, the Commission will begin to meet regularly on the call
of the Chair for as long a duration as necessary to conduct its business
to its satisfaction, but for a period no longer than 27 months.
I.
The
City shall provide the Commission the necessary financial and other
resources to conduct its work effectively and timely, including to
engage the services of an attorney experienced in New York State local
government law, and a person with expertise in the organization and
operation of local government in the state.
J.
The
Commission shall prepare a report of its work and conclusions and
make its recommendations for revision or amendment to the existing
Charter directly to the residents of the City, in either one proposed
ballot question or a series of questions, through the City Clerk,
who shall be responsible for assuring that these questions are properly
and timely available for consideration at a referendum to be held
on the next scheduled general election day.
K.
Nothing
herein contained shall be construed to override any provisions of
the Municipal Home Rule Law.
This local law shall become effective on January 1, 2021.
