The elective officers of said city shall be one Mayor, one City
Judge and one City Treasurer. The elective officer in each of the
five wards shall be one Councilman (Alderman). There shall also be
one elective officer of Councilman-at-large. There shall also be such
appointive officers as hereinafter provided. [§ 10,
L. 1911, c. 870; amended by L.L. No. 2-1939; § 2, L. 1985,
c. 656; L.L. No. 1-1986; L.L. No. 7-1998[1]]
[1]
Editor’s Note: This local law was passed by mandatory
referendum 11-3-1998.
There shall be appointed by the Mayor a Deputy City Clerk, a
Corporation Counsel, a City Marshal, a Commissioner of Public Works,
a City Physician, and a City Sealer of Weights and Measures. He shall
also appoint four Police Commissioners and four Fire Commissioners.
Other officers may be appointed as provided in this act or otherwise
by law. All officers of said city whose elections or appointments
are not herein provided for shall be appointed by the Mayor. [§ 11, L. 1911, c. 870; amended by L.L. No. 1-1928; L.L.
No. 1-1930; L.L. No. 1-1937; L.L. No. 1-1943; L.L. No. 1-1953; L.L.
No. 3-1959; L.L. No. 2-1962; L.L. No. 2-1963; L.L. No. 6-1966]
The office of Superintendent of Streets is hereby created and
shall be filled by appointment as provided by the Civil Service Law
of the State of New York, ordinances of the Common Council and rules
and regulations of the Civil Service Commission of the City of Lockport. [Added by L.L. No. 1-1959]
The office of Commissioner of Assessment and Taxation is hereby
created and shall be filled by appointment as provided by the Civil
Service Law of the State of New York, ordinances of the Common Council
and rules and regulations of the Civil Service Commission of the City
of Lockport, New York. [Added by L.L. No. 4-1959]
The office of Deputy City Treasurer shall be filled by appointment
as provided in the Civil Service Law of the of State New York, ordinances
of the Common Council and rules and regulations of the Civil Service
Commission of the City of Lockport, New York. [Added by L.L.
No. 2-1962]
There shall be appointed by the Mayor a City Clerk, who shall
hold office for a term of five years, commencing July 1, 1972, and
expiring June 30, 1977. Thereafter, the term of office of the City
Clerk shall be for five years commencing July 1 and expiring on June
30 five years later, notwithstanding the provisions of § C-18
of the Charter of the City of Lockport, New York, as amended. [Added by L.L. No. 2-1963; amended by L.L. No. 1-1972]
The office of Deputy City Clerk shall be filled by appointment
as provided in the Civil Service Law of the State of New York, ordinances
of the Common Council and rules and regulations of the Civil Service
Commission of the City of Lockport, New York. [Added by L.L. No. 2-1987]
The Corporation Counsel, City Physician and City Sealer of Weights
and Measures shall hold office for a term of one year. The terms of
office of the Police and Fire Commissioners shall be four years. They
shall be appointed initially for a term of one, two, three and four
years respectively.
Thereafter, on the expiration of the term for which the Police
and Fire Commissioners were initially appointed, one Police Commissioner
and one Fire Commissioner shall be appointed for a term of four years. [§ 13, L. 1911, c. 870; amended by L.L. No. 1-1928; L.L.
No. 1-1930; L.L. No. 1-1937; L.L. No. 1-1943; L.L. No. 1-1953; L.L.
No. 5-1956; L.L. No. 2-1958; L.L. No. 5-1959; L.L. No. 2-1962; L.L.
No. 2-1963; L.L. No. 7-1966; L.L. No. 2-1987; L.L. No. 6-1992]
The Commissioner of Public Works shall hold office for a term
of three years. [Added by L.L. No. 6-1992]
No person shall be elected or appointed to a city office unless
at the time of his election or appointment he is a resident of the
city. If elected to ward office, he must be at the time a resident
of the ward for which he is elected. If an officer shall cease to
be a resident of the city or of the ward for which he was elected,
his office shall thereby become vacant. A person shall not be appointed
as Corporation Counsel or be eligible to hold office of City Judge
unless he shall have been admitted to practice in this state as an
attorney at law and practiced as such for a period of at least five
years. A person shall not be eligible for appointment to the office
of Commissioner of Public Works unless he be a graduate engineer with
a professional engineer license and having had at least 10 years'
practical experience in public works or related fields. A person shall
not be eligible to the office of City Engineer unless he be a graduate
engineer with a professional engineer license and having had at least
five years' practical experience in public works or related fields.
A person shall not be eligible for appointment to the office of Commissioner
of Assessment and Taxation unless he have at least 10 years' acceptable
experience in field appraisal work. Not more than three of the Police
Commissioners shall be members of the same political party. [§ 14, L. 1911, c. 870; amended by L.L. No. 3-1958; L.L.
No. 1-1959]
The salaries or compensation of all appointive officers and
such other officers and employees as may be authorized by this act
shall be fixed by the Common Council. In addition to the salary paid
to the City Treasurer, there shall be allowed to him by the Common
Council such sums as may be necessary to pay for clerical assistance.
The compensation allowed the Corporation Counsel shall be in full
for all his services for the city, exclusive of his legal disbursements
and costs collected by him in all actions brought or defended by him
for the city. The salary or compensation of appointed city officers,
fixed and allowed by the Common Council, and the salary of elective
officers fixed as provided by law, shall be in full for all services
rendered by them to the city, and none of said officers shall receive
for himself any other fees, compensation or perquisites, unless otherwise
expressly provided by this act. Effective January 1, 2007, the salary
of an elective officer may be changed by the Common Council in the
month of July, preceding the general election at which candidates
for such office are to be voted for, but at no other time, and such
change in salary shall not become effective until the first day of
January following such election. [§ 15, L. 1911, c.
870; amended by L.L. No. 2-1939; L.L. No. 1-2006]
All officers and employees of the City of Lockport whose regular
compensation does not include mileage allowances shall, when authorized
to travel on official business, be entitled to mileage allowances
for the use of personal automobiles at the rate established by the
Common Council, from time to time, in going to and returning from
the place where such official business is transacted; provided, however,
that the total distance traveled does not exceed 1,000 miles. When
the total distance traveled does exceed 1,000 miles, said officers
and employees shall be entitled to mileage allowances for the use
of personal automobiles at the rate charged for the least expensive
means of public conveyance available to the place where such official
business is transacted. [Added by L.L. No. 2-1951; amended by
L.L. No. 4-1965; L.L. No. 3-1974]
Except as herein otherwise expressly provided, the salaries
of all officers to be paid by said city shall be paid at such time
as the Common Council shall direct, and any amount due the said city
for moneys had or used or retained by any of said officers shall be
retained out of said salaries, and the balance then due shall only
be paid. [§ 16, L. 1911, c. 870; amended by L. 1919,
c. 349]
All elective city officers shall enter upon the duties of their
respective offices on the first day of January following their election,
except as herein otherwise provided, and all appointive officers shall
take their office the day after their appointment, except as herein
otherwise provided. [§ 17, L. 1911, c. 870]
Every term of office herein specified as continuing for one
year shall expire with the close of the municipal year with or in
which said term began; every term specified as for two years shall
expire with the close of the municipal year after that with or in
which said term began; every term specified as for three years shall
expire with the close of the second municipal year after that with
or in which said term began; every term specified as for four years
shall expire with the close of the third municipal year after that
with or in which said term began; every term specified as for five
years shall expire with the close of the fourth municipal year after
that with or in which said term began; provided, however, that every
officer in said city shall hold his office until his successor therein
shall qualify, as herein required. [§ 18, L. 1911,
c. 870; amended by L.L. No. 4-1958; L.L. No. 2-1959; L.L. No 6-1992]
Resignation of any office held under the provisions of this
act or any ordinance passed pursuant thereto shall be made to the
Mayor in writing, shall be subject to his approval and acceptance
and shall be filed by him with the City Clerk within five days. [§ 19, L. 1911, c. 870]
The Mayor shall have power to remove any officer appointed under
this act for incompetency, neglect of duty, misconduct or inability
to perform the duties of his office and, when necessary, may appoint
another in his stead, who shall hold for the unexpired residue of
the term of his predecessor, subject to like power of removal by the
Mayor; but such removal must be founded on specific charges in writing,
whereof a copy shall be furnished to such officer, and before such
removal he shall have an opportunity to appear in person, or by counsel,
and be heard in his defense. [§ 20, L. 1911, c. 870]
A vacancy in an elective office shall be filled by appointment by the Mayor, until the next annual election, when it shall be filled by election for the unexpired part of the term of office. A vacancy in the office of Mayor shall be filled as provided in § C-57. A vacancy in the office of Alderman or Supervisor shall be filled by appointment of Alderman or Supervisor who shall be of the same political party as the person whom he succeeds. [§ 21,
L. 1911, c. 870; amended by L.L. No. 3-1963]
Except as herein otherwise provided, if there shall be a vacancy
in an appointive office, the Mayor shall fill the same by appointment
for the unexpired residue of the term of said office. Every appointment
to office by the Mayor shall be made at a meeting of the Common Council
or be reported in writing by the Mayor to the Common Council at its
meeting next after the appointment. [§ 22, L. 1911,
c. 870]
If at any election under this act, any two or more persons shall
receive an equal number of votes, being the highest in number for
any office, such failure to elect shall be deemed to create a vacancy
in said office, and the Mayor shall have power and it shall be his
duty immediately to appoint one of such persons to fill such office,
in like manner and with like effect as an appointment to fill a vacancy
in an elective office as hereinbefore provided. [§ 23,
L. 1911, c. 870]
A commission under the Seal of the city, signed by the Mayor
and attested by the City Clerk, designating the office, the term for
which the appointment is made, and the appointee, shall be issued
to every person appointed to office in said city under this act. [§ 24, L. 1911, c. 870]
In addition to the officers specially required by this act to
give official bonds, the City Clerk, the Superintendent of Streets,
and such other officers of the city as may be required thereto by
the Common Council, shall severally, before entering upon the duties
of their respective offices, give a bond in such penal sum as the
Common Council may direct. [§ 25, L. 1911, c. 870]
Except when herein otherwise expressly provided, every official
or other bond given under or in pursuance of any of the provisions
of this act shall be made to the City of Lockport as obligee, and
be signed and sealed by the principal and a corporation duly authorized
to execute surety bonds; the surety thereto shall justify in an amount
equal to twice the penal sum therein specified, except when said sum
is $3,000 or upwards, when they shall justify in an amount equal to
the penal sum. Every bond shall be subject to the approval of the
Mayor as to form and sufficiency of the sureties, and if approved,
the Mayor shall properly endorse his approval in writing thereupon,
and it shall be filed with the City Clerk. Every official bond shall
be conditioned for the faithful execution of the duties of the office
by the officer giving it, and that he will faithfully keep and pay
over all moneys received by him as such officer according to law,
and account therefor whenever required by law or the Common Council
of said city, and such other conditions as the Common Council shall
deem necessary for the interest of the city, or as are required by
this act in any special case. [§ 26, L. 1911, c. 870]
If any officer of said city who shall be required by any of
the provisions of this act, or by any ordinance or resolution of the
Common Council, to give any bond or other instrument before entering
upon the duties of his office or any further or additional bond under
any of the provisions of this act, shall fail to furnish the same
in the manner prescribed by this act, or by any such ordinance or
resolution, within 10 days after he shall be duly notified to do so,
the Common Council shall declare his office vacant, and the same shall
thereupon become vacant and the Mayor shall proceed and cause the
same to be filled in the manner provided for in this act in cases
of vacancies in office. [§ 27, L. 1911, c. 870]
Every person elected or appointed to any office under this act,
before entering upon the duties of the same, shall take the oath of
office prescribed by the Constitution of this state, before the Mayor
or some other officer authorized to take affidavits, and file the
same with the Clerk of said city, except the Mayor, Commissioners
of Deeds, City Clerk, Deputy City Clerk, and Corporation Counsel,
whose oaths shall be filed with the Clerk of Niagara County; and every
person so elected or appointed who shall refuse or neglect to take
and file said oath of office for the space of eight days after notice
of such election or appointment shall be subject to a fine, to be
fixed by the Common Council, of not over $25, and the office shall
thereupon, after said period of eight days, be deemed vacant. [§ 28, L. 1911, c. 870]
Any person having been in office in said city, who shall not,
within 10 days after notification and request, deliver to his successor
in office all property, papers and effects of every description in
his possession or under his control belonging to said city, or appertaining
to the office so held by him, shall forfeit and pay to the use of
said city $100, besides all damages caused by his neglect or refusal
to deliver the same. [§ 29, L. 1911, c. 870]
During such time as there shall be no Commissioner of Jurors, or other officer performing the duties of the office of commissioners of jurors by whatever title it may be called, in and for the County of Niagara, the city shall be regarded as a town under Article 16 of Chapter 35 of the Laws of 1909, respecting the return of trial jurors; and the Supervisors and the City Clerk shall perform the duties therein enjoined upon the supervisor, assessors, and town clerk of the several towns of the state, except that the duplicate of the return of jurors made by them to the County Clerk shall be filed with the City Clerk. [§ 30, L. 1911, c. 870]
Each ward of the said city shall be regarded as a town under
the Nineteenth Article of the Town Law, and the Supervisor and Alderman
of each ward shall be fence viewers and shall possess all the powers
and authority in respect to division fences in their respective wards
which are given by the said Article to town fence viewers with respect
to division fences. [§ 31, L. 1911, c. 870]
The Mayor shall annually appoint 20 Commissioners of Deeds who
shall hold their offices for two years. The City Clerk, Deputy City
Clerk, Corporation Counsel, and the Police Chief and departmental
designees shall be ex officio Commissioners of Deeds of the city,
with the same powers as other Commissioners of Deeds therein. In taking
acknowledgments or affidavits pertaining to their respective offices,
they shall not exact or receive a fee therefor. [§ 32,
L. 1911, c. 870; amended by L.L. No. 1-1969; L.L. No. 1-2001]
The Mayor shall have power to appoint, at any time he may consider
the same necessary for the public interest, so many watchmen and special
policemen as he may deem necessary, all of whom shall hold their offices
at the pleasure of the Mayor; said special policemen and watchmen
shall have no salary or compensation from the City of Lockport. [§ 33, L. 1911, c. 870]
[§ 34, L. 1911, c. 870; repealed by L.L. No.
1-1975]
The Mayor, the Chairman of any committee or special committee
of the Common Council, each Water Commissioner, Police Commissioner,
each Clerk of any board or commission in said city shall have power
to take affidavits and acknowledgments and administer oaths in respect
to any account, bill or other matter pending before any of said officers,
Council, committee, special Committee, board or commission. Any person
who shall take any oath or affirmation, or make any statement under
oath or affirmation, or make any affidavit under or by virtue of any
provision of this act, who shall, under such oath or affirmation,
or in any such statement or affidavit, willfully swear falsely as
to any material fact or matter, shall be guilty of perjury. [§ 35, L. 1911, c. 870]
The annual city and ward election shall be held on the same
day with the state general elections. The Common Council shall cause
public notices thereof to be given, specifying the time when and polling
places in each ward where said election shall be held, and the city
and ward officers to be chosen thereat, by publication in the official
paper in said city and in another daily newspaper having the largest
circulation therein at least once in each week for the six successive
weeks next preceding each election. Elections held under this act
shall be governed by the General Election Law of the state, where
it is not inconsistent with the provisions of this act, and all certificates
of nominations shall be filed as provided therein. [§ 36,
L. 1911, c. 870]
Each ward shall constitute at least one election district for
said annual election and for all state and other elections to be held
in said city, except for the election of members of the Board of Education
and school district officers. The Inspectors chosen under this act
shall be Inspectors of all such elections, except as aforesaid, and
shall possess the powers and discharge all duties of inspectors of
elections under the laws of this state. The provisions of the Election
Law are hereby declared applicable to the said City of Lockport, and
the elections to be held under this act, except as far as they may
be inconsistent herewith. [§ 37, L. 1911, c. 870]
Every inhabitant residing in said city who shall, at the time
and place of offering his vote, be qualified to vote for member of
Assembly in the Assembly District in which said city is situated,
shall be entitled to vote in the ward in which he shall then reside
for all officers to be voted for by virtue of this act in said ward. [§ 38, L. 1911, c. 870]
Upon the closing of the polls the Inspectors shall forthwith
without adjournment canvass the votes and shall make and certify statements
of the results in the manner required by the Election Law. Separate
returns as to city officers voted for shall be filed by the said Inspectors
in the office of the City Clerk on the same or the following day before
9:00 a.m. [§ 39, L. 1911, c. 870]
No person entitled to vote at any election held under this act
shall be arrested on civil process or served with a summons or other
process whereby a civil action is begun within said city on the day
on which any election is held under this act. [§ 40,
L. 1911, c. 870]
[§ 41, L. 1911, c. 870; repealed by L.L. No.
2-1965]
The Aldermen and Supervisors in office when this act takes effect
shall continue in office until the expiration of their respective
terms. Each such Alderman and Supervisor shall represent the ward
in which he was elected, as constituted at the time of his election,
until the expiration of his term. An Alderman and a Supervisor shall
be elected for each ward, as constituted by this act, at the annual
city and ward election, to be held in the year 1911, to take office
on January 1, 1912. The Aldermen at Large shall continue in office
until the expiration of the terms for which they were elected. There
shall be no Alderman at Large at the city election to be held in 1911. [§ 42, L. 1911, c. 870]
All elective and appointive city officers in office when this
act takes effect shall continue in office until the expiration of
the terms for which they were respectively elected or appointed, unless
it is otherwise expressly provided in this act. [§ 43,
L. 1911, c. 870]
The Justices of the Peace and Constables in office when this
act takes effect shall continue in office until the term for which
they have been elected shall have expired. At the general election
held in the year 1913, and every four years thereafter, there shall
be elected one Justice of the Peace and one Constable who shall hold
office for four years each. The said Justices of the Peace and Constables
now in office and those thereafter elected shall have the same powers
and exercise the same jurisdiction conferred by the Charter of the
City of Lockport prior to the taking effect of this act. [§ 44,
L. 1911, c. 870]
1.
The City of Lockport recognizes that emergency situations arise which
require employees of the City of Lockport to be near their place of
employment and to assume the continuation of public services to protect
the health, safety, and general welfare of the people. Through adoption
of this local law, the City of Lockport makes a legislative determination
that those who are residents of the City of Lockport take a greater
interest in promoting the public safety and health in the future of
this community than do nonresidents who reside in areas unaffected
by City of Lockport services. The City of Lockport further declares
that such a quality is desirable for its employees. The legislative
body considers that residency by its employees within the community
will assure continuation of essential public services. The City of
Lockport determines that the public need is sufficient to require
that employees hired or promoted after the effective date of this
local law be residents of the City of Lockport.
2.
Definition. Residency shall mean, for the purpose of this local law,
the actual principal domicile of an individual, where he or she (1)
normally sleeps (2) maintains usual personal and household effects
(3) lists as an address on tax filings; and lists as his or her address
for a motor vehicle registration, if any.
3.
Residency for new municipal employees. Except as otherwise provided
by law, the City of Lockport hereby establishes a residency requirement
for all prospective employees. Every person initially employed by
the City of Lockport on or after the effective date of this local
law shall, as a qualification of employment, become a resident of
the City of Lockport within six months of the date of initial service
for the City of Lockport. During the time of service of such an employee,
no individual shall cease to be a resident of the City of Lockport.
4.
Exceptions. The requirement of residency within the corporate limits
of the City does not apply to temporary employees, temporary advisors
and consultants, persons having an independent contractor status and
current employees of the City of Lockport, who reside outside the
corporate limits of the City. Also exempt from residency requirements
are members of the Fire Department and Police Department, so long
as the Police Department has 200 or more full-time members as set
forth in further detail in Section 30(4) of the Police Officers Law.
5.
Residency upon promotion. All employees promoted by the City of Lockport
on or after the effective date of this local law shall be or, within
six months of such promotion, shall become a resident of the City
of Lockport.
6.
Notice and posting. A copy of this local law shall be provided to
each employee upon his or her initial appointment or promotion. However,
a failure to do so shall not affect the application of this local
law to any employee appointed or promoted after its effective date.
A copy of this law shall be posted in all locations normally used
for employee communications.
7.
Investigation of residency. Should it be alleged that an employee
is not in compliance with Section three or four of this local law
as the case may be, the City of Lockport may initiate a hearing by
providing the employee with written notice of his or her alleged violation
and shall allow the employee seven calendar days in which to respond.
If there is a failure to respond or if, in the judgment of the City
of Lockport, the response is not sufficient to satisfy the requirements
of this local law, the City of Lockport shall set a date to hear the
charge of nonresidence. The employee shall be sent a notice of the
hearing date at least 15 calendar days prior to the hearing. A record
of the hearing shall be made. Should an employee establish residency
to the satisfaction of the City of Lockport prior to the hearing date,
it shall result in a cancellation of the hearing authorized by this
section.
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To conduct the hearing, the City of Lockport may in writing
designate an individual who for the purpose of the hearing shall be
vested with all powers of the City of Lockport for review and decision.
Should the City of Lockport determine that an employee is a nonresident
in violation of this local law, the employee shall be notified in
writing that he or she has been deemed to have voluntarily resigned
from employment as of the date of the determination. Upon reestablishing
residency, an individual having so resigned may apply for reinstatement
to his or her former position and shall be reinstated if the position
is vacant.
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8.
Waiver of requirements. In the
event that the City of Lockport determines that it is in the best
interest of the City of Lockport to do so, the provisions of Section
three or four may be waived with respect to an incumbent or incumbents
of a particular title or titles in accordance with the following standards:
a)
Lack of applicants. The requirement of residency may be waived in
those instances where the City of Lockport has difficulty hiring or
promoting the most qualified person because of its residency requirements.
b)
Necessity for nonresidence. The requirement of residency may be waived
in those instances where it is determined that residency is not in
the best interest of the municipality.
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Such a waiver shall not in any way affect the application of
Section three or four of this local law with respect to any other
title or titles. [Added 3-2-2005 by L.L. No. 3-2005]
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