[Amended 8-24-2021 by L.L. No. 1-2021]
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 legislative act of the Common Council.
[Amended 9-28-2021 by L.L. No. 2-2022]
Whenever there shall be a vacancy in the office
of the Mayor or whenever by reason of disability or absence from the
City 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, the President
of the Common Council shall so act until 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 disability or absence
of the Mayor to exercise any power of appointment or removal from
office, unless such disability or absence shall have continued for
a period of 30 days, or to sign, approve or disapprove any legislative
act unless such disability or absence shall have continued for a period
of at least nine days.
A.
Should the President of the Common Council be unavailable,
during the same period as the Mayor is unavailable then the Vice President
of the Common Council shall act as Mayor during such period. Should
the Vice President of the Common Council be unavailable as well during
such period, the Common Council shall elect one of its members President
pro tempore to act as Mayor.
B.
While serving
as Acting Mayor, the President of the Common Council, Vice President
of the Common Council, or President pro tempore shall continue to
possess all powers and perform all duties of a member of the Common
Council as set forth in Article 111 of this Charter.
[Amended 8-24-2021 by L.L. No. 1-2021]
The Mayor shall call together the heads of the
City departments for consultation and advice upon the affairs of the
City as often as the Mayor may deem advisable, but not less than monthly
each year, and at such meetings the Mayor may call upon the heads
of the departments for such reports as to the subject matters under
their control and management as the Mayor may deem proper, which it
shall be their duty to prepare and submit at once to the Mayor. Records
shall be kept of such meetings, and rules and regulations shall be
adopted thereat for the harmonious, systematic and efficient administration
of the affairs of the City, not inconsistent with law or legislative
act.
[Amended 8-24-2021 by L.L. No. 1-2021]
The Mayor shall have the authority to appoint
all officers and employees of the City, except as provided with regard
to the City Clerk and Commissioner of Deeds, subject to the requirements
of the New York State Civil Service Law. 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 legislative acts of the
Common Council are executed and enforced within the City; to make
a state of the City address incorporating a statement of the finances
and general condition of the affairs of the City and the Mayor's goals
and objectives for the coming year, prior to, but no later than the
15th day of February, recommendations in relation thereto as the Mayor
may deem proper; to give such information in relation to the same
as the Common Council may from time to time require; and to call a
special meeting of the Common Council whenever in the Mayor's judgment
it is required by public necessity. The Mayor shall also receive and
examine into all complaints made against any City officer for neglect
of duty or malfeasance in office.
The Mayor shall, on behalf and in the name of
the City, execute all deeds and all contracts made by it and shall
cause to be affixed thereto the City seal.
The Mayor shall have authority at all times
to examine the books and papers of any officer, employee or department
of the City; and, as often as the Mayor 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; and the Mayor
may administer oaths to witnesses and take affidavits in all cases
relating to the affairs of the City and its officers and employees;
and the Mayor may issue a subpoena commanding a person to appear and
produce books and papers in that person's possession.
[Amended 9-28-2021 by L.L. No. 2-2022]
The Mayor shall have such other powers and perform
such other duties as may be prescribed in this Charter or by other
laws of the state or by legislative act of the Common Council, not
inconsistent with law. In case of riot, conflagration or other public
emergency requiring it, the Mayor shall have power to call out the
police and firefighters. The Mayor shall also have power to appoint
such number of special police officers as the Mayor may deem necessary
to preserve the public peace. Such special police officers shall be
under the sole control of the regularly appointed and 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, the
Mayor may take command of the whole police force.
The Mayor shall have the power to designate the different rooms
and offices in the City Hall to be occupied by the various courts,
officers, boards and departments of the City. Offices or rooms necessary
for conducting Common Council business shall be designated by mutual
consent of the Mayor and the Common Council.
