This Charter, together with all amendments, if any, shall provide
for and constitute the form of government of the City of Albany, New
York (the "City") and be known as the "City of Albany Charter." This
Charter provides for the separation and balance of legislative and
executive functions and responsibilities in order to promote clarity,
efficiency and responsibility within City government. In addition,
the Charter is intended to implement the City's full home rule authority
in accord with New York State law.
The City, which traces its origin and continuity as a municipal
corporation to the Dongan Charter, shall be and remain a municipal
corporation and exercise all of the rights, privileges, functions
and powers conferred upon it by this Charter and state law. Coordinately,
the City shall be subject to all duties and obligations imposed by
local laws not inconsistent with this Charter and by state law, and
enjoy all necessary incidental powers to duly exercise the duties
and obligations so imposed.
This Charter provides a contemporary form and structure of City
government pursuant to the provisions of the Municipal Home Rule Law.
Within the limitations imposed by state law, wherever and whenever
any special state law, and the Dongan Charter to the extent it remains
applicable, conflicts or is otherwise inconsistent with this Charter,
such laws shall be repealed and superceded by this Charter in their
application to the City to the extent of such conflict or inconsistency.
All local laws, ordinances and resolutions of the Common Council
previously adopted and in effect as of the adoption of this Charter,
including the Code of the City of Albany as adopted by local law of
the Common Council on March 20, 1995, shall continue in full force
and effect, except to the extent that such local laws, ordinances
and resolutions have been repealed, amended, modified or superceded
in their application to the City by the adoption of this Charter.
The City's geographic boundaries shall continue to be and remain
intact, as established prior to the adoption of this Charter; existing
boundaries are hereby ratified and confirmed and may subsequently
be altered or expanded pursuant to applicable law.
The civil and fiscal year of the City shall be the calendar
year.
The following terms used in this Charter shall be defined as
follows:
(a)
The term "Charter" shall mean this City of Albany Charter and amendments,
if any.
(b)
The term "City" shall mean the City of Albany.
(c)
The term "Civil Service Law" shall mean the Civil Service Law of
the State of New York.
(d)
The term "Code of the City of Albany" shall mean the Code of the
City of Albany as adopted by local law of the Common Council on March
20, 1995, and as amended.
(e)
The term "County" shall mean the County of Albany.
(f)
The term "Dongan Charter" shall mean the original charter granted
to the City of Albany on July 22, 1686 by Colonel Thomas Dongan, Governor-General
of the Province of New York under authority of King James II of England.
(g)
The term "General City Law" shall mean the General City Law of the
State of New York.
(h)
The term "local law" shall mean a legislative act of the Common Council
adopted pursuant to the Municipal Home Rule Law, but shall not mean
or include a resolution, ordinance or other action taken by the Common
Council.
(i)
The term "Municipal Home Rule Law" shall mean the Municipal Home
Rule Law of the State of New York.
(j)
The term "officer" shall mean and include all individuals who are
elected under this Charter, department heads and such other individuals
who qualify as officers pursuant to the Public Officers Law.
(k)
The term "Public Officers Law" shall mean the Public Officers Law
of the State of New York.
(l)
The term "Real Property Tax Law" shall mean the Real Property Tax
Law of the State of New York.
(m)
The term "resident" shall mean a person who maintains a fixed, permanent
and principal home within the geographic boundaries of the City of
Albany and to which he or she, wherever temporarily located, always
intends to return.
(n)
The term "Second Class Cities Law" shall mean the Second Class Cities
Law of the State of New York.
(o)
The term "state" shall mean the State of New York.
(p)
The term "Uniform City Court Act" shall mean the Uniform City Court
Act of the State of New York.
