[Amended 5-5-1941 by L.L. No. 1-1941; 2-19-1945 by L.L. No.
1-1945; 2-24-1953 by L.L. No. 1-1953; L. 1953, c. 878; 11-8-2011]
A.
Selection.
(1)
The Council, by a majority plus one vote of its entire membership,
shall appoint a City Manager, who shall be the chief administrative
and executive officer of the City.
(2)
The City Manager may be appointed:
(a)
For an indefinite period to serve at the will of the Council;
(b)
For a definite term not to exceed two years, at the expiration
of which term the City Manager may be reappointed from time to time
in the discretion of the Council, but in no event shall any one period
of appointment be for more than two years; or
(c)
For a definite term not to exceed two years under a written
contract of employment, which contract shall contain such terms and
conditions as may be specified by the Council. Nothing in such contract
of employment shall conflict with the provisions and requirements
of this Charter. In the event of any such conflict, the provisions
and requirements of this Charter shall be controlling. Such contract
of employment may be renewed from time to time in the discretion of
the Council, but no one renewal period shall be for a period in excess
of two years.
B.
Qualifications.
(1)
The City Manager shall be appointed solely on the basis of executive,
administrative and professional qualifications. The City Manager shall
have:
(a)
A master's degree with a concentration in public administration,
public affairs or public policy, or an equivalent graduate degree,
and two years' experience in an appointed managerial or administrative
position in a local government or other related experience; or
(b)
A bachelor's degree with a concentration in public administration,
public affairs or public policy, or an equivalent degree, and five
years of experience in an appointed managerial or administrative position
in a local government or other related experience.
(2)
No elected official of the City shall be eligible for the position
of City Manager until the expiration of at least one year after separation
from the City government.
C.
Residency. The City Manager shall be subject to the residency requirements
set forth in § C3.11 of the Charter; provided, however,
upon initial appointment, the City Manager shall be permitted to establish
residency in the City within 120 days of appointment. The Council,
where circumstances warrant, may grant one sixty-day extension of
this period.
D.
Removal. Notwithstanding whether the City Manager is appointed for
an indefinite period or a definite term, and without any requirement
that cause be demonstrated, the Council may remove the City Manager
from office in accordance with the following procedures:
(1)
The Council shall adopt by affirmative vote of a majority plus one
of all its members a preliminary resolution for removal, which must
state the reasons for removal, and which may suspend the City Manager
from duty for a period not to exceed 30 days. Such suspension shall
not deprive the City Manager of salary for such period, but no reimbursable
expenses may be charged to the City or to a City department by the
suspended City Manager for the term of such suspension. A copy of
the resolution shall be delivered to or served upon the City Manager
personally or by leaving it at the office of the City Manager in the
City within five days after its adoption.
(2)
The City Manager, within five days of the service or delivery of
the preliminary removal resolution, shall have the right to file a
written request with the Council for an opportunity to be heard at
a public meeting of the Council. In the event that the City Manager
makes such request, the opportunity to be heard shall be afforded
at a regular or special meeting of the Council to be held within 15
days of the Council's receipt of such request. The Council may adopt
a final resolution of removal, which may be made effective immediately,
by affirmative vote of a majority plus one of all its members at any
time after the City Manager is afforded the opportunity to be heard
at a Council meeting or, if no opportunity to be heard is timely requested,
after five days from the date when a copy of the preliminary resolution
was delivered to or served upon the City Manager.
(3)
The City Manager shall continue to receive salary until the effective
date of the final resolution of removal. The action of the Council
in suspending or removing the City Manager shall be final and binding.
[Amended 2-24-1953 by L.L. No. 1-1953; 1-23-1956 by L.L. No.
1-1956; 4-28-1958 by L.L. No. 1-1958; 11-8-2011]
A.
The City
Manager may designate any appointed officer of the City to act as
City Manager during the absence or disability of the City Manager;
and the person so designated, during the continuance of such absence
or disability, shall perform all the duties and have all the powers
of the City Manager. In the absence of a designation by the City Manager,
the Council may make such designation.
B.
In the
event that a vacancy occurs in the office of City Manager due to death,
resignation or otherwise, the Council shall immediately commence the
process for selecting a new City Manager in accordance with the requirements
of § C5.00 of the Charter. Within 10 days of the occurrence of
the vacancy, the City Council shall designate an appointed officer
of the City to serve as Interim City Manager. The Interim City Manager
shall serve in that position until a new City Manager is appointed;
provided, however, the Interim City Manager may not serve more than
six months unless the Council, by resolution, certifies the necessity
for the continuation of the Interim City Manager and sets forth the
reasons why a new City Manager has not been appointed. Upon the adoption
of such resolution, the Interim City Manager may continue to serve
for no more than an additional six months.
[Added 2-24-1953 by L.L. No. 1-1953]
The City Manager shall be responsible to the Council for the
administration of all City affairs. Specifically, it shall be his
duty:
A.
To see that the laws of the State of New York and the ordinances
of the Council are enforced within the City.
B.
To appoint and to remove the heads of all departments, the members
of all boards and commissions and all subordinate officers and employees
of the City, except as otherwise provided herein.
C.
To exercise supervision and control over the administrative departments
of the City government, comprising a Law Department, a Finance Department,
a Public Works Department, a Fire Department, a Police Department
and a Water Department and such other officers, employees, bureaus,
agencies and departments as may be added from time to time.
[Amended 9-14-1987 by L.L. No. 4-1987]
D.
To attend all meetings of the Council.
E.
To recommend to the Council such measures as he may deem necessary
or expedient.
F.
To keep the Council at all times fully advised as to the financial
condition and needs of the City.
G.
To prepare and to submit to the Council the annual City budget.
H.
To see that all terms and conditions imposed in favor of the City
in any public utility franchise are faithfully performed.
I.
To execute all deeds and all contracts on behalf of the City and
to sign all warrants, certificates, licenses and other instruments
issued by or in behalf of the City, except as otherwise provided by
law or by ordinance.
J.
To perform such other duties as may be required of him by the Council.
[Added 2-24-1953 by L.L. No. 1-1953]
The City Manager shall have all the powers necessary for the performance of his duties, general and specific, as defined in § C5.05 hereof. In addition, he shall have power:
A.
To designate a qualified person to fill any vacancy in any elective
City office, except that of member of the Council, until the same
shall be filled by temporary appointment of the Council.
B.
To supervise and control the use of all streets, bridges, wharfs,
waterworks, sewers, parks, playgrounds, parking areas, buildings,
machinery, apparatus, equipment and personal property and other public
works and public property belonging to the City.
[Amended 9-14-1987 by L.L. No. 4-1987]
C.
To make and enforce reasonable regulations for the government and
discipline of any officer or employee of the City and for the hearing
and determination of charges made against any such officer or employee
for neglect of official duty, for incompetency, for incapacity to
perform his official duties or for any delinquency seriously affecting
his general character. The City Manager may, in his discretion, punish
any such officer or employee found guilty on any such charges, by
reprimand, by forfeiture and withholding of pay for a specified time,
by suspension during a specified period or by dismissal from office.
[Amended 9-14-1987 by L.L. No. 4-1987]
D.
To administer any oath or to take any affidavit in respect to any
hearing, trial or matter pending before him.
[Added 2-24-1953 by L.L. No. 1-1953]
The City Manager may employ counsel or consultants for special
services at a compensation fixed by the Council.[1]
[1]
Editor's Note: Former Sec. 5.10, which immediately followed
this section, was repealed 2-24-1953 by L.L. No. 1-1953.
[Added 2-24-1953 by L.L. No. 1-1953]
In case of public emergency such as conflagration, riot, storm,
flood, earthquake or other unusual peril to the lives and property
of the citizens of Newburgh, it shall be the right and duty of the
City Manager to summon all the forces of the City for the purpose
of protecting the lives and property of the citizens. The City Manager
shall also have power to summon, deputize and otherwise employ such
other persons as he may deem necessary for the purpose of rendering
protection to the citizens and the City of Newburgh. Any expense incurred
by the City Manager in the case of any such public emergency shall
be a proper charge against the City.[1]
[1]
Editor's Note: Former Secs. 5.20, 5.30 and 5.31, which immediately
followed this section, were repealed 2-24-1953 by L.L. No. 1-1953.
