[Amended 1-14-1935 by L.L. No. 1-1935; 4-27-1942 by L.L. No.
2-1942; 11-4-1946 by L.L. No. 2-1946; L. 1948, c. 569; 3-17-1952 by L.L. No.
3-1952; 4-28-1952 by L.L. No. 4-1952; 11-10-1952 by L.L. No.
9-1952; 1-23-1956 by L.L. No. 2-1956; 8-12-1957 by L.L. No.
1-1957; 8-17-1964 by L.L. No. 1-1964; 2-26-1968 by L.L. No.
1-1968; 12-11-1972 by L.L. No. 3-1972; 3-25-1974 by L.L. No.
1-1974; 6-18-1974 by L.L. No. 5-1974; 9-23-1974 by L.L. No.
7-1974; 9-1-1979 by L.L. No. 1-1979; 2-11-1985 by L.L. No.
2-1985]
The officers of the City or municipality shall be as follows:
A.
One Mayor, six Councilmen and one City Judge: the Mayor and two Councilmen
elected by the qualified voters of the City and four Councilmen elected
by the qualified voters of the wards from which they are elected.
[Amended 11-8-2011[1]]
[1]
Editor's Note: This proposition provided that the revised
provisions of this section would become effective on January 1, 2014.
B.
One City Manager, three Civil Service Commissioners, one City Clerk
and the members of the Transportation Advisory Committee, appointed
by the Council.
[Amended 11-28-2022 by L.L. No. 7-2022]
C.
One Corporation Counsel, one City Comptroller, one City Assessor,
one City Collector, one City Purchasing Agent, one Commissioner of
Public Works, one City Engineer, one Superintendent of Public Works,
one Superintendent of Water, one Police Chief, one Police Commissioner,
one Fire Chief, one Building Inspector, one Plumbing Inspector, one
Registrar of Vital Statistics, one Deputy Registrar of Vital Statistics,
one Planning and Development Director and one Parks and Recreation
Director.[2]
[Amended 9-14-1987 by L.L. No. 4-1987; 2-8-1993 by L.L. No.
2-1993; 10-22-2007 by L.L. No. 7-2007; 3-10-2014 by L.L. No. 1-2014; 1-12-2015 by L.L. No. 1-2015; 11-28-2022 by L.L. No.
7-2022]
[Amended 11-10-1952 by L.L. No. 9-1952]
The Council may, by ordinance, authorize the appointment by
the City Manager of deputies or assistants to any appointive office.
Deputies shall be empowered in case of the absence or disability of
their respective principal officers to act, during the continuance
of such absence or disability, in the stead of such principal officers.
[Amended 1-14-1935 by L.L. No. 1-1935; 11-10-1952 by L.L. No.
9-1952; 9-14-1987 by L.L. No. 4-1987; 11-28-2022 by L.L. No. 7-2022]
The Council may, by ordinance, combine any two or more appointive
offices. The City Manager may, in addition to his duties and powers
as the chief administrative and executive officer of the City and
without additional compensation, assume the duties and powers of the
Director of Finance. The City Manager may direct that the City Comptroller,
without additional compensation, assume the duties and powers of Director
of Finance. The City Manager may direct that the head of any division
within the Department of Public Works, without additional compensation,
assume the duties and powers of the Commissioner of Public Works.
The foregoing shall not be construed to prevent salary increases for
the City Manager, for the City Comptroller or for the head of any
division within the Department of Public Works acting in their respective
capacities.
[Amended 6-29-1942 by L.L. No. 6-1942; 7-13-1942 by L.L. No.
7-1942; L. 1948, c. 569; 11-2-1948 by L.L. No. 2-1948; L. 1949, c. 435; 11-10-1952 by L.L. No. 9-1952; 9-14-1987 by L.L. No.
4-1987; 11-8-2011; 11-23-2020 by L.L. No. 5-2020]
A.
The terms of office of the elective officers of the City shall be
as follows: Mayor, four years; Councilman, four years; and City Judge,
six years.
(1)
Except as otherwise provided in this section, no person shall be
eligible to be elected, appointed, or to otherwise continue to hold
the office of Mayor or Councilman after that person has been elected
to that office for three complete consecutive four-year terms, unless
one complete term or more has elapsed since that person last held
such office.
(2)
In determining the number of consecutive terms a person has served,
only terms commencing on or after January 1, 2022, shall be counted.
(3)
In no event shall any person hold the office of Mayor or Councilman
for more than 12 consecutive years.
(4)
If the Mayor or Councilman resigns, vacates or is removed from office
prior to the completion of a full term, he or she shall be deemed
to have held office for a full term for the purposes of this section
of the Charter. If the resignation, vacancy or removal occurs within
the first two years of the term, the person appointed or elected to
replace him or her shall fill out the unexpired portion of the original
term and be eligible to serve two additional four-year terms of office.
If the resignation, vacancy or removal occurs within the last two
years of the term, the person elected or appointed to replace him
or her shall be eligible to serve three additional four-year terms
of office. In no event, shall any person hold the office of Mayor
or Councilman for more than 14 consecutive years.
B.
The terms of office of the Civil Service Commissioner shall be six
years.
C.
Except as otherwise provided in § C5.00, the terms of office of the City Manager and of the City Clerk shall be at the pleasure of the Council.
D.
The terms of office of all City officers appointed by the City Manager
shall be at the pleasure of the City Manager. Any or all such appointive
City officers may, by action of the City Manager and with the approval
of the Council, be placed in the competitive class of the municipal
civil service. No such action shall be taken less than 90 days prior
to a general City election.
[Amended 11-10-1952 by L.L. No. 9-1952; 9-14-1987 by L.L. No.
4-1987; 11-8-2011]
All elective officers of the City shall be qualified electors
of the City. Council members elected from wards shall be residents
of those wards. The removal of any such officer from the City, or
from a ward in the case of a Council member elected from a ward, during
his term of office shall render the office held by him vacant.
[Added 1-12-2015 by L.L. No. 1-2015]
A.
Purpose. The City Council of the City of Newburgh finds that individuals
who are officers and department heads of the City of Newburgh take
a greater interest, commitment and involvement in the municipality
that employs them by living within that community. The City Council
further finds that in order to protect the health, safety and welfare
of the citizens of the City where emergencies and emergency work arise,
it is necessary that the officers and department heads reside in the
City. Accordingly, the City Council determines that there is a sufficient
public need to require that officers and department heads initially
appointed and hired after the effective date of this section be residents
of the City of Newburgh.
B.
Application. This section shall apply to the officers of the City of Newburgh enumerated in Subsection C3.00B and C of this article and the City Marshal and Acting City Marshal initially appointed after the effective date of this local law. This section shall not supersede or override any other residency provision existing in state or federal law or existing in the City Charter and Code of Ordinances of the City of Newburgh found to be contrary to the provisions herein. City Charter Section C3.00D is hereby repealed by this local law.
[Amended 10-9-2018 by L.L. No. 3-2018]
C.
OFFICER
RESIDENCY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes the City Manager, three Civil Service Commissioners, the City Clerk, the members of the Transportation Advisory Committee, the Corporation Counsel, the City Comptroller, the City Assessor, the City Collector, the City Purchasing Agent, the Commissioner of Public Works, the City Engineer, the Superintendent of Public Works, the Superintendent of Water, the Police Chief, the Police Commissioner, the Fire Chief, the Building Inspector, the Plumbing Inspector, the Registrar of Vital Statistics, the Deputy Registrar of Vital Statistics, the Parks and Recreation Director, one Planning and Development Director as enumerated in City Charter § C3.00B and C initially appointed and hired by the City of Newburgh after the effective date of this local law and the City Marshal and Acting City Marshal initially appointed after the effective date of this local law.
[Amended 10-9-2018 by L.L. No. 3-2018; 11-28-2022 by L.L. No. 7-2022]
A person's usual and customary place of abode where the individual
lives and regularly stays, the place where the family of any person
permanently resides and the place where any person having no family
generally lodges.
D.
Residency for new officers. Every person initially appointed as an
officer of the City of Newburgh after the effective date of this local
law shall as a qualification of employment by the City of Newburgh
be a resident of the City of Newburgh at the time of initial permanent
appointment or become a resident within 90 days of permanent appointment
and shall remain a resident of the City of Newburgh as a condition
of continued appointment and employment. Except as hereinafter provided,
any officer of the City of Newburgh who does not comply with the residency
requirements of this section shall be deemed to have voluntarily resigned.
[Amended 10-9-2018 by L.L. No. 3-2018]
E.
Verification and documentation.
(1)
The City Council shall be responsible for verifying the compliance
with this residency requirement for the City Manager, Civil Service
Commissioners, City Clerk and members of the Traffic and Parking Advisory
Committee. The City Manager shall be responsible for verifying the
compliance with this residency requirement for the remaining officers,
except for the City Marshal and Acting City Marshal. The City Court
shall be responsible for verifying compliance with this residency
requirement for the City Marshal and Acting City Marshal.
(2)
All relevant sources of verification or documentation must be considered
in determining an officer's residence. Where the officer's family
permanently resides is a significant factor in determining the officer's
residence. The following sources of verification or documentation
also should be considered:
|
Voter's registration
| |
|
Driver's license
| |
|
Motor vehicle registration
| |
|
Utility bills and receipts
| |
|
Deed
| |
|
Tax bills and receipts
| |
|
Contract for sale
| |
|
Lease or rental agreement
| |
|
Landlord's affidavit
| |
|
Insurance policies
| |
|
Visual verification
|
F.
Waiver.
[Amended 12-10-2018 by L.L. No. 6-2018]
(1)
In the event that after a reasonable recruitment period, a municipal officer position covered by this section cannot be filled by appointing a qualified City resident or a qualified nonresident who is prepared to become a resident within 90 days of his or her permanent appointment as provided in Subsection D of this section, a waiver of the residency requirements for said position, in whole or in part, may be granted as follows:
(a)
By the City Council for the Civil Service Commissioners, the
City Clerk and the Traffic and Parking Advisory Committee members;
(b)
By the City Manager for the remaining officers, except for the
City Marshal and Acting City Marshal; and
(c)
By the City Court for the City Marshal and Acting City Marshal.
(2)
The person or body authorized to grant the waiver shall certify,
in writing, to the City Council the facts and circumstances supporting
the determination to grant the waiver. Such waiver shall apply to
such specific individual appointment for which the certification and
waiver was granted.
G.
Exceptions.
(1)
Notwithstanding any provisions of this section to the contrary, any
person holding an officer position of the City or who is an employee
of the City as of the effective date of this local law, and who was
not a resident of the City as of that date, shall not be required
to comply with the requirements of this section.
[Amended 10-9-2018 by L.L. No. 3-2018]
(2)
Nothing herein shall change the residency requirement for any elected
City official.
[Amended 7-13-1942 by L.L. No. 8-1942; 11-10-1952 by L.L. No.
9-1952; 9-14-1987 by L.L. No. 4-1987]
The elections of City officers, except to fill vacancies, shall
be held on the Tuesday following the first Monday in November in an
odd-numbered year, and the term of each and every such officer shall
expire at the end of an odd-numbered year.
[Amended 11-10-1952 by L.L. No. 9-1952]
In case of failure to elect an elective City officer, the office
shall be deemed to be vacant for the purpose of choosing a successor,
and the vacancy shall be filled in the manner provided herein for
the filling of a vacancy in such office happening otherwise than by
expiration of term.
[Amended 2-19-1945 by L.L. No. 1-1945; 11-10-1952 by L.L. No.
9-1952; 11-8-2011]
A.
Any vacancy
in an elective office occurring from any cause other than expiration
of term shall be temporarily filled by appointment of the Council.
When a vacancy occurs in the position of a Council member elected
from a ward, the person selected to fill that vacancy shall be both
a qualified elector of the City and a resident of that ward. Such
temporary appointment shall continue in effect until the first day
of January next following the next general election held after such
appointment. At the next general election following any such vacancy
in an elective office, a successor shall be elected to serve the unexpired
portion of the term for which the vacating officer was elected, unless
such term shall expire on or before the first day of January next
following such general election, in which case such successor shall
be elected for a full term.
B.
Notwithstanding
the provisions hereof, the City Manager shall have the power and authority
to designate a person to fill any such vacancy, except that of member
of the Council, until the same shall be filled by temporary appointment
of the Council.
[Amended 11-10-1952 by L.L. No. 9-1952]
Any officer of the City may resign by filing his written resignation
with the City Clerk, and the office held by him shall be deemed vacant
upon the filing of such resignation.
[Amended 11-10-1952 by L.L. No. 9-1952]
Any officer or employee of the City who shall have resigned
or shall have been removed from office or whose term of office shall
have expired shall deliver to the City Manager, or person designated
by the City Manager, within 10 days after notification and request,
all property, papers and effects of every description in his possession
or under his control which belong to the City or which appertain to
the office held by him. In default thereof such property, papers and
effects may be recovered in any action or proceeding authorized by
law, and such persons shall forfeit and pay to the use of the City
the sum of $500 besides all damages caused by his neglect or refusal
so to deliver.
[Amended 5-4-1942 by L.L. No. 4-1942; L. 1948, c. 569; 11-10-1952 by L.L. No.
9-1952; 9-14-1987 by L.L. No. 4-1987]
Every elective and appointive City officer shall take the oath
prescribed by the Constitution of the state and file the same with
the City Clerk before exercising the powers or discharging the duties
of such office. The Mayor, City Judge and City Clerk shall each file
a similar oath with the Clerk of Orange County. Commissioners of Deeds
shall take the oath prescribed by the Constitution of the state and
file the same with the City Clerk and with the Clerk of Orange County.
[Amended 11-10-1952 by L.L. No. 9-1952]
If any officer who shall be required by any provision of law or by ordinance of the Council to execute any bond before or after entering upon the duties of his office shall fail to execute the same in the manner prescribed by law or by ordinance within 10 days after he shall have been duly notified to do so, the Council may declare his office vacant, and the same shall be filled in the manner provided in § C3.22 hereof for filling a vacancy in office.
[Amended 11-10-1952 by L.L. No. 9-1952]
In addition to the powers conferred and the duties imposed upon
the respective appointive officers of the City by this Charter, each
officer shall perform such duties, exercise such functions and have
such powers as are conferred and imposed by law upon such officers
generally and shall have such additional powers, exercise such additional
functions and perform such additional duties as may be conferred or
imposed upon them respectively by order of the City Manager or by
ordinance of the Council.
[Amended 11-8-1949 by L.L. No. 2-1949; 11-8-1949 by L.L. No.
3-1949; 11-10-1952 by L.L. No. 9-1952; election of 11-5-1963; 9-14-1987 by L.L. No.
4-1987]
The Council shall, by ordinance, determine and regulate the
compensation of all appointive officers.
[Amended 11-10-1952 by L.L. No. 9-1952]
No salaried officer of the City, except as otherwise provided
herein, shall have or receive to his use, in addition to his salary
and perquisites, compensation or fees for services pertaining directly
or indirectly to the present duties of his office or to duties which
may hereafter be added to the duties of his office. All such perquisites,
compensation or fees so received by any such officer, other than his
salary received from the City, shall be the property of the City and
shall be paid by the officer receiving the same into the City treasury.[1]
[1]
Editor's Note: Former Sec. 3.90, which was amended by L. 1943,
c. 710, and 11-10-1952 by L.L. No. 9-1952 and which immediately followed
this section and dealt with Ward Supervisors, was repealed 9-14-1987
by L.L. No. 4-1987.
[Amended 11-4-1946 by L.L. No. 2-1946; 11-10-1952 by L.L. No.
9-1952]
There shall be a City Historian, appointed by the City Manager,
whose duty it shall be to collect, arrange, keep and preserve all
historical data of events in the life of the City of Newburgh as a
permanent record.
[Added 10-13-1981 by L.L. No. 6-1981; amended 10-22-2001 by L.L. No. 1-2001]
A.
The City of Newburgh hereby elects to confer upon its officers and employees, except its officers and non-bargaining-unit employees as set forth in Subsection D below, the benefits provided by Chapter 277 of the Laws of 1981 and § 18 of the Public Officers Law and to be held liable for the costs incurred under the provisions of such law for the defense and indemnification of its officers and employees.
B.
The City of Newburgh further elects, under § 18, Subdivision 2(b), of the Public Officers Law, to confer the benefits of such section on the employees of the Newburgh Industrial Development Agency, except its non-bargaining-unit employees as set forth in Subsection D below, and to be held liable for the costs incurred under these provisions.
C.
The benefits conferred by this section on the members of the Police
Department shall be in addition to the benefits conferred upon such
employees by § 50-j of the General Municipal Law and contractual
provisions.
D.
Intent; definitions; defense and indemnification; conditions; limitations.
(1)
Council intent. The purpose of this section is to provide legal and financial protection for those employees and officers defined in Subsection D(2) below from lawsuits and other proceedings which may be brought against them in their individual capacity for omissions or actions taken while acting within the scope of their employment. By enactment of this section, the City does not intend to establish or enlarge any direct liability of the City, or to limit or otherwise abrogate any existing right or responsibility of the City or its officers or employees with regard to indemnification or legal defense.
(2)
EMPLOYEE
CORPORATION COUNSEL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any person, whether or not compensated, holding a position
by election, appointment or employment as a non-bargaining-unit employee
in the service of the City, or a volunteer expressly authorized by
the appropriate City official to act for the benefit of the City,
including any of its agencies, boards or commissions, but shall not
include an independent contractor or any member of any district or
authority created by the City. The term "employee" shall include a
former non-bargaining-unit employee, a non-bargaining-unit employee's
estate, or a judicially appointed personal representative. For purposes
of this section, the term "employee" shall also include members, officers
and other persons appointed to, or employed as non-bargaining-unit
employees of the Industrial Development Agency of the City.
The duly appointed Corporation Counsel or such Assistant
Corporation Counsel designated to act on behalf of the Corporation
Counsel.
(3)
City to provide for defense of employees.
(a)
If an employee complies with the provisions of Subsection D(5) of this section, the City, through the office of the Corporation Counsel, or through any applicable insurance program maintained by the City, shall provide for the defense of the employee in any civil action or proceeding in any state or federal court, or any proceeding before an administrative agency, arising out of any alleged act or omission which occurred or is alleged to have occurred while the employee was acting within the scope of his or her public employment or duties. For purposes of this section, the determination of whether an employee was acting within the scope of his or her employment will be made by the City Manager, upon the advice of the Corporation Counsel, consistent with then prevailing law. Notwithstanding the above, no act can be so determined to be within the scope of employment if the commission of such act resulted in a conviction of a Class A misdemeanor or higher crime under the New York State Penal Law or similar federal crime under Title 18 of the United States Code. This duty to provide for a defense shall not arise where such action or proceeding is brought by or on behalf of the City against such employee.
(b)
Subject to the conditions set forth in Subsection (a) of this subsection, the employee shall be entitled in such action or proceeding to be represented by the Corporation Counsel, or counsel designated by the Corporation Counsel, at no cost to the employee. The employee shall be entitled to representation by private counsel of his or her choice in such action or proceeding at the expense of the City whenever the Corporation Counsel determines, based upon an investigation and review of the facts and circumstances of the case and of the prevailing law, that a conflict of interest exists between the employee and the City, or whenever a Court of competent jurisdiction determines that a conflict of interest exists and that the employee is entitled to be represented by counsel of his or her choice at the expense of the City. Upon such a determination, the Corporation Counsel shall notify the employee in writing that the employee is entitled to be represented by private counsel of his or her choice at the expense of the City. The Corporation Counsel may require, as a condition of the payment of the fees and expenses of such private counsel, that appropriate groups of such employees be represented by the same counsel. If the employee or group of employees is entitled to representation by private counsel under the provisions of this section at the expense of the City, the Corporation Counsel shall so certify this to the City Manager. Attorney fees and litigation expenses shall be paid to such private counsel only to the extent of appropriate and reasonable rates prevailing in Orange County, as determined by the Corporation Counsel. Such attorney fees and litigation expenses shall be paid by the City to such private counsel from time to time while such action or proceeding is pending, upon submission by the private attorney of a detailed bill itemizing a description of the work performed, the hours worked, the rate per hour, and disbursements. However, no extraordinary disbursements or fees shall be paid to such private counsel unless prior written consent of the Corporation Counsel was obtained. Such private counsel shall conform to all record keeping and notifications required by the Corporation Counsel.
[Amended 8-11-2003 by L.L. No. 2-2003]
(c)
Any dispute with respect to representation of multiple employees
by a single counsel, the reasonableness of attorney fees, or the amount
of litigation expenses, shall be resolved by a court of competent
jurisdiction upon motion or by way of a special proceeding.
(d)
Where the employee delivers process and a written request for a defense to the Corporation Counsel as required by Subsection D(5) of this section, the Corporation Counsel shall take the necessary steps on behalf of the employee, including the retention of private counsel as provided in this section, to avoid entry of a default judgment against the employee pending a resolution of any issue pertaining to the obligation of the City to provide a defense.
(4)
City to provide for indemnification of employees.
(a)
If an employee complies with the provisions of Subsection D(5) of this section, the City shall indemnify and save harmless the employee in the amount of any final judgment, order or decision obtained against such employee in any civil action or proceeding in any state or federal court, or any proceeding before an administrative agency, or in the amount of any City-approved settlement of any such action or proceeding, arising out of any alleged act or omission which occurred or is alleged to have occurred while the employee was acting within the scope of his or her public employment. For purposes of this section, the determination of whether an employee was acting within the scope of his or her public employment will be made by the City Manager, upon the advice of the Corporation Counsel, consistent with then prevailing law. Notwithstanding the above, no act can be so determined to be within the scope of employment if the commission of such act resulted in a conviction of a Class A misdemeanor or higher crime under the New York State Penal Law or similar federal crime under Title 18 of the United States Code. This duty to indemnify shall not arise where such action or proceeding is brought by or on behalf of the City against such employee.
(b)
The amount of any such judgment, order, or decision obtained
against such employee, or the amount of any City-approved settlement,
for which the City will indemnify and save harmless an employee consistent
with this section, includes any amounts designated as compensatory,
special, punitive, or other damages, including sanctions, fines, costs
and attorneys' fees.
(c)
Any proposed settlement of such action or proceeding, for which
indemnification by the City is sought, shall be reviewed and approved
only in accordance with this section. No employee will be indemnified
or saved harmless by the City in accordance with this section in connection
with any settlement unless such settlement is so reviewed and approved.
(d)
Upon the entry or finalization of such final judgment, order
or decision against the employee, or upon the settlement of the action
or proceeding, the employee shall cause a copy of such judgment, order,
decision or approved settlement to be served personally, or by certified
or registered mail, within 30 days of the date of entry, finalization
or settlement, upon the Corporation Counsel. If such judgment, order,
decision or settlement is not inconsistent with the provisions of
this section, the City Manager, upon the advice of the Corporation
Counsel, shall certify it for payment.
(5)
Conditions.
(a)
The duty to defend, indemnify and save harmless as set forth
by this section shall be conditioned upon delivery by the employee
to the Office of the Corporation Counsel of the original or a true
and complete copy of any notice of claim, summons, complaint, process,
notice, demand or pleading as soon as possible, but in no event later
than 10 days after the employee is served with such document or prior
to the return date of such document, whichever is sooner, and the
full cooperation of the employee in the defense of such action or
proceeding, and in the defense of any action or proceeding against
the City based upon the same or related acts or omissions, and in
the prosecution of any appeals thereof. The above-noted delivery of
said notices of claim, summonses, complaints, processes, notices,
demands or pleadings shall be deemed as a request by the employee
that the City provide for his or her defense and indemnification pursuant
to this section.
(b)
Consistent with this section, the determination as to whether
the City will defend and/or indemnify the employee will be based upon
an investigation of the facts and circumstances of the matter. The
City Manager, in accordance with this section, shall make this determination
within a reasonable time after the completion of such investigation.
Such determination shall be final, except as provided below.
(c)
Such determination shall be in writing and mailed promptly by
the Corporation Counsel to the employee. If the determination is adverse
in whole or in part to the employee, it shall state the facts and
reasons therefor.
(d)
A determination favorable to the employee may thereafter be
revised and/or revoked for good cause. The revised determination,
or the revocation of such determination, shall be in writing and mailed
by the Corporation Counsel promptly to the employee, and shall state
the facts and reasons therefor.
(e)
A special proceeding brought pursuant to Article 78 of the New
York Civil Practice Law and Rules shall be the exclusive method by
which an employee aggrieved by a determination may seek review of
the determination. If, as a result of such judicial review, the employee
ultimately obtains a reversal of the determination, the City shall
reimburse the employee for the attorney fees and costs charged the
employee in obtaining the reversal, to the extent that such fees and
costs were reasonable and necessary.
(6)
Limitation of benefits. The benefits of this section shall inure
only to employees as defined herein and shall neither enlarge nor
diminish the rights of any other party, nor shall any provision of
this section be construed to affect, alter or repeal any provision
of the Workers' Compensation Law.
(7)
Effect on other laws. This section shall not in any way affect the
obligation of any claimant to give notice to the City under § 50-e
of New York General Municipal Law, or any other provision of any law.
(8)
Applicability. The provisions of this section shall apply to all
actions and proceedings then pending on the effective date of this
section, or thereafter instituted.
(9)
Construction of provisions. Except as otherwise specifically provided
in this section, the provisions of this section shall not be construed
in any way to establish or enlarge any direct liability of, or to
impair, alter, limit, modify, abrogate or restrict any immunity available
to or conferred upon, the City or any unit, entity, officer or employee
of the City, or any right to a defense and/or indemnification provided
for any City officer or employee by, in accordance with, or by reason
of, any other provision of county, state or federal statutory, regulatory
or common law.
(10)
Savings clause. If any provision of this section, or the application
thereof to any person or circumstance, is held unconstitutional or
invalid in part by any court of competent jurisdiction, such holding
of unconstitutionality or invalidity shall in no way affect or impair
any other provision of this section or the application of any such
other provision to any other person or circumstance.
[Added 6-13-1977 by L.L. No. 1-1977; amended 9-14-1987 by L.L. No.
4-1987]
All building, electrical, fire, plumbing and sanitation inspectors
of the City are authorized to issue and serve legal process, as directed
by the laws of the state, for any violation of the Code of the City
of Newburgh.
[Amended 5-12-1980 by L.L. No. 5-1980; 9-22-1980 by L.L. No.
6-1980; 9-14-1987 by L.L. No. 4-1987]
A.
Mayor and Council members.
(1)
The Mayor and the members of the Council, being public servants, shall have the power to issue and serve appearance tickets pursuant to the Criminal Procedure Law of the State of New York for littering and trash violations under the provisions of Chapter 183, Waste Management, Handling and Disposal, and §§ 190-45, 190-46, 190-50, 190-51 and 190-57 of Chapter 190, Housing and Property Standards, of the Code of the City of Newburgh.
(2)
The services described in this section shall be rendered by the Mayor
or Council members without forfeiting any office, rights or privileges,
without receiving any additional compensation and with the services
of the Mayor or Council member in serving such papers being in addition
to their regular duties.
B.
Power of City Manager to authorize issuance of tickets.
(1)
The City Manager shall have the power to authorize the issuance of
appearance tickets by public servants of the City of Newburgh who,
by virtue of office, title or position, are authorized or required
to enforce any statute, local law, ordinance, rule or regulation relating
to parking, licensing of occupations or businesses, fire prevention
and safety, health and sanitation and building, zoning and planning;
provided, however, that a peace officer may be so authorized to issue
an appearance ticket relating to any statute, local law, ordinance,
rule or regulation affecting the public health, safety and welfare.
(2)
The services described herein shall be rendered by the officer or
employee without forfeiting any office, rights or privileges, without
said officer or employee receiving any additional compensation therefor
and with the services of said officer or employee in serving such
appearance tickets being in addition to that officer's or employee's
regular duties.
[Added 12-11-2000 by L.L. No. 3-2000]
No person who holds any appointive City office or who is an
employee of the City, including but not limited to the City Manager,
may also hold an elective City office. The acceptance of an elective
City office by any appointed officer or employee of the City shall
render such appointive office or employment held by him vacant.
