All accounts and claims against the city, including claims for
injury or damages resulting from alleged negligence on the part of
the city, and all accounts and claims for services rendered or moneys
expended by any officer of the city, shall be duly verified. All accounts
and claims, which should be audited and ordered paid by the common
council, including claims for injury or damages resulting from alleged
negligence on the part of the city shall be presented upon the regular
form provided for that purpose duly verified, and the common council
shall hear and determine the same. No action upon any account or claim
shall be brought against the city until it shall have been rejected
by the common council.
No action shall be brought against the city because of injuries
resulting from defective or slippery streets or sidewalks, or because
of any obstruction upon any street or sidewalk, unless the party so
injured, or someone in his or her behalf shall first within five days
after the date of said injury, said date inclusive, file with the
commissioner of public works of said city a notice of such injury
specifying in a general way the kind of injury, together with the
exact date thereof, and designating the street and the precise location
of the defect, obstruction or other cause which produced the injury,
and all actions on such claims shall be commenced within thirty days
after the rejection thereof by the common council.
The city shall not be liable for the damage or injury sustained
by any person in consequence of any street, highway, bridge, culvert,
sidewalk or crosswalk in said city being out of repair, unsafe, dangerous,
or obstructed by snow, ice or otherwise, in any way or manner, unless
written notice of the defective, unsafe, dangerous or obstructed condition
of said street, highway, bridge, culvert, sidewalk or crosswalk shall
have been given to the commissioner of public works of said city at
least twenty-four hours previous to such damage or injury.
The expenses of apprehending, examining, trying and committing
offenders against any law of the state in the city and of their confinement,
properly chargeable against the county, shall be audited, allowed
and paid by the legislature of the county in the same manner as if
such expenses had been incurred in any town of the county.
[L.L. No. 3-1996, § 1; L.L.
No. 6-2006, § 1; L.L. No. 7-2006, § 1]
There is hereby established a Board of Ethics consisting of
five members to be appointed by such person or body as may be designated
by the common council and who shall serve without compensation and
at the pleasure of the appointing authority. A majority of such members
shall be persons other than officers or employees of the city, but
shall include at least one member who is an elected or appointed official
or employee of the city. Each member shall be appointed for a term
of two (2) years.
The board of ethics shall have the powers and duties prescribed
by article 18 of the General Municipal Law and shall render advisory
opinions to the officers and employees of the city with respect to
article 18 of the General Municipal Law and any code of ethics adopted
pursuant to such article. Such advisory opinions shall be rendered
pursuant to the written request of any such officer or employee under
such rules and regulations as the board may prescribe and shall have
the advice of the corporation counsel. In addition, the board may
make recommendations with respect to the drafting and adoption of
a code of ethics or amendments thereto on request of the common council.
(a)
No officer or employee of the city shall have any pecuniary
interest in any contract to which the city is a party, and any contract
in which any officer or employee of the city shall be or become pecuniarily
interested shall be void.
(b)
If any officer shall vote for any appropriation, or the payment
or expenditure of any money, or the making of any contract in which
he shall be or become pecuniarily interested, he shall be deemed guilty
of a misdemeanor and shall also be liable for every such offense to
a penalty or not less than fifty nor more than two hundred dollars,
to be recovered in a civil action in the name of the city.
[L.L. No. 3-1997, § 1; L.L.
No. 4-2010, § 1; L.L. No. 5-2010, § 1]
(a)
All persons appointed or hired to permanent positions as officers
or employees of the city, after the effective date of this section
shall, within six (6) months from the date of appointment or hire,
be residents of the city and shall remain residents of the city during
their term of office of employment. A violation of this local law
shall result in immediate termination of office or employment.
(b)
Notwithstanding the provisions of subsection (a) preceding, all persons appointed or hired to permanent positions as police officers of the city and who are included within the collective bargaining unit represented by the Poughkeepsie police benevolent association, Inc., shall, within six (6) months from the date of appointment or hire, be residents of the City of Poughkeepsie or reside at a location that is within ten (10) miles from any boundary of the City of Poughkeepsie, and shall remain residents of either of such areas during their term of office or employment. A violation of this local law shall result in immediate termination of office or employment.
(c)
Notwithstanding the provisions of subsection (a) preceding, all persons appointed or hired to permanent positions as firefighters of the city and who are included within the collective bargaining unit represented by local 596, International Association of Fire Fighters shall, within six (6) months from the date of appointment or hire, be residents of the city or reside at a location that is within thirty (30) miles from any boundary of the city, and shall remain residents of either of such areas during their term of office or employment. A violation of this local law shall result in immediate termination of office or employment.
(d)
Notwithstanding the provisions of subsection (a) preceding, all persons appointed or hired to permanent positions as employees of the city and who are included within the collective bargaining unit represented by civil service employees association, inc., local 1000, afseme, afl-cio, City of Poughkeepsie unit, Dutchess County local 814, shall, within six (6) months from the date of appointment or hire be residents of the city or reside at a location that is within ten (10) miles of any boundary of the city, and shall remain residents of either of such areas during their term of office or employment. A violation of this local law shall result in immediate termination of office of employment.
(e)
Notwithstanding the provisions of subsection (a) preceding, all persons appointed or hired to permanent positions as employees of the city shall, within six (6) months from the date of appointment or hire, be residents of the city or reside at a location that is within ten (10) miles of any boundary of the city and shall remain residents of either of such areas during their term of office or employment, provided, however, that this subsection shall not be applicable to those employees defined as public officers pursuant to the Public Officers Law and notwithstanding those employees so designated as public officers pursuant to the Public Officers Law, this subsection shall also not be applicable to the following officers and employees of the city, including the city administrator, budget analyst, chief of police, fire chief, commissioner of finance, commissioner of assessment, city chamberlain, building inspector, corporation counsel, assistant corporation counsels, director of development, city engineer, and recreation supervisor. A violation of this section shall result in immediate termination of employment.
(f)
Notwithstanding the provisions of subsections (a) and (e) preceding, effective September 1, 2010, the commissioner of public works of the City of Poughkeepsie shall reside in the County of Dutchess and shall not be required to reside in the City of Poughkeepsie. This subsection shall expire upon the separation from service of the Commissioner of Public Works after September 1, 2010, unless extended, and the commissioner's title shall thereupon be added to Section 15.08(e).
The State Defense Act, in § 29-a thereof, authorizes
political subdivisions of the state to provide for the continuity
of their governments in the event of an actual or imminent attack
upon the United States by an enemy or foreign nation. The General
Municipal Law, in § 60 thereof,[1] authorizes political subdivisions to provide for the continuity
of their governments in the event of other public disasters, catastrophes
or emergencies. Based on the authority contained in such laws this
section is adopted so that on such occasions the government of the
city may continue to function properly and efficiently under emergency
circumstances.
[1]
Editor's Note: General Municipal Law § 60 was repealed
by L. 1978, c. 640, § 6, effective 4-1-1979. See now Executive
Law § 27.
As used herein the following terms shall mean and include:
(a)
Attack. Any attack, actual or imminent, or series of attacks
by an enemy or foreign nation upon the United States causing, or which
may cause, substantial damage or injury to civilian property or persons
in the Unites States in any manner by sabotage or by the use of bombs,
shell fire, or nuclear, radiological chemical, bacteriological or
biological means or other weapons or processes.
(b)
Public disaster. A disaster, catastrophe or emergency, actual
or imminent, of such unusual proportions or extent that (1) a substantial
number of the residents of the City of Poughkeepsie either sustain
injury, become ill, are infected with disease, have their lives imperiled,
are killed or die as a result of injury, disease or exposure, or the
property of a substantial number of such residents is imperiled, damaged
or destroyed, and (2) it is necessary and essential in the interest
of public safety, health and welfare that the continuity of the government
of the City of Poughkeepsie be assured in order that it be enabled
to function properly and efficiently and to exercise its essential
powers in meeting emergency conditions. Such disasters, catastrophes
and emergencies may include, but shall not be limited to, conflagrations,
explosions, earthquakes or other convulsions of nature, floods, tidal
waves, pestilence, riots, insurrections, storms, prolonged failure
of electric power or essential transportation services, or any incident
or occurrence which causes or threatens to cause danger to life, health
or property from exposure to noxious materials or radiation.
(c)
Duly authorized deputy. A person authorized to perform all the
powers and duties of a public office in the event the office is vacant
or at such times as it lacks administration due to the death, absence
or disability of the incumbent officer, where such authorization is
provided pursuant to the provisions of any general, special or local
law other than this local law.
(d)
Emergency interim successor. A person designated pursuant to
this local law for possible temporary succession to the powers and
duties, but not the office of a city officer in the event that neither
such officer nor any duly authorized deputy is able, due to death,
absence from the city or other physical, mental or legal reasons,
to perform the powers and duties of the office.
(a)
Elective officers. Within thirty days following the effective
date of this local law, and thereafter within thirty days after first
entering upon the duties of his office, each elective officer shall,
in addition to any duly authorized deputy, designate such number of
emergency interim successors to the powers and duties of his office
and specify their rank in order of succession after any duly authorized
deputy so that there will be not less than three duly authorized deputies
or emergency interim successors, or combination thereof, to perform
the powers and duties of the office.
(b)
Appointive officers. Each officer or body of officers empowered
by law to appoint officers shall within the time specified in subdivision
(a) of this section, in addition to any duly authorized deputy, designate
for each such appointive officer such number of emergency interim
successors to such officers and specify their rank in order of succession
after any duly authorized deputy so that there will be not less than
three duly authorized deputies or emergency interim successors, or
combination thereof, for each such officer. Where such a body of officers
consists of members having overlapping terms, such body of officers
shall review and, as necessary, revise the previous designations of
emergency interim successors by such board within thirty days after
a new member elected or appointed to such body of officers first enters
upon the duties of his office as a member of such body of officers.
(c)
Review of designations. The incumbent in the case of those elective
officers specified in subdivisions (a) of this section, and the appointing
officer or body of officers specified in subdivision (b) of this section
shall from time to time review and, as necessary, promptly revise
the designations of emergency interim successors to insure that at
all times there are at least three duly authorized deputies or emergency
interim successors, or combination thereof, for each elective and
appointive officer of the city.
(d)
Qualifications. No person shall be designated to, nor serve
as, an emergency interim successor unless he is legally qualified
to hold the office of the person to whose powers and duties he is
designated to succeed.
(e)
Status of emergency interim successor. A person designated as
an emergency interim successor shall hold that designation at the
pleasure of the designator and such a designation shall remain effective
until replaced by another by the authorized designator.
(f)
Compensation. An emergency interim successor shall serve without
salary, unless otherwise provided by local law. He shall, however,
be entitled to reimbursement for actual expenses necessarily incurred
in the performance of his powers and duties.
If, in the event of an attack of a public disaster, an officer
described in subdivision (a) or subdivision (b) of Section three of
this local law or his duly authorized deputy, if any, is unable, due
to death, absence from the city of other physical, mental or legal
reasons, to perform the powers and duties of the office, the emergency
interim successor of such officer highest in rank in order of succession
who is able to perform the powers and duties of the office shall,
except for the power and duty to discharge or replace duly authorized
deputies and emergency interim successors of such officer, perform
the powers and duties of such office. An emergency interim successor
shall perform such powers and duties only until such time as the lawful
incumbent officer or his duly authorized deputy, if any, resumes the
office or undertakes the performance of the powers and duties of the
office, as the case may be, or until, where an actual vacancy exists,
a successor is duly elected or appointed to fill such vacancy and
qualifies as provided by law.
The name, address and rank in order of succession of each duly
authorized deputy and emergency interim successor shall be filed with
the city clerk and each designation, replacement or change in order
of succession of any emergency interim successor shall become effective
when the designator files with such clerk the successor's name, address
and rank in order of succession. Such clerk shall keep an up-to-date
file of all such date regarding duly authorized deputies and emergency
interim successors and the same shall be open to public inspection.
The clerk shall notify in writing each designated person of the filing
of him name as an emergency interim successor and his rank in order
of succession and also shall notify in writing any person previously
designated who is replaced or whose place in order of succession is
changed.
At the time of their designation, or as soon thereafter as possible,
emergency interim successors shall take such oath and do such other
things, if any, as may be required to qualify them to perform the
powers and duties of the office to which they may succeed.
In the event of an attack or a public disaster the mayor, or
his duly authorized deputy or emergency interim successor performing
his powers and duties, may suspend quorum requirements for the common
council. If quorum requirements are suspended, any local law, ordinance,
resolution or other action requiring enactment, adoption or approval
by an affirmative vote of a specified proportion of members may be
enacted, adopted or approved by the affirmative vote of the specified
proportion of those voting thereon.
The following regulations in relation to telegraph, telephone
and electric light wires in the streets and avenues of said city are
hereby enacted:
(a)
All telegraph, telephone and electric light wires and cables
used in Main Street from Hudson River to Cherry Street; Mill Street
from Washington to Main Streets; Cannon Street from Market Street
to Reservoir Square; Market Street from Main to Montgomery Streets;
Washington Street from Main to Mill Streets; Liberty Street; and Garden
Street from Main Mill Streets, shall hereafter be placed under the
surface of said streets or such of them, or such parts of the same,
as the common council may direct and in conduits or subways.
(b)
Every corporation, association or person owning or controlling
telegraph, telephone, electric feed wires or other electric wires
and cables on said streets, including what is known as telegraph and
telephone poles, and other appurtenances thereto, except trolley wires
and poles, and poles used for connecting underground or subway wires
for the distribution of electric currents, commonly called distributing
poles, shall, before the first day of November nineteen hundred and
six, have the same removed from above the surface of said streets
and placed in conduits or subways.
(c)
In case the owners of the property above enumerated shall fail
to comply with the provisions of this section within the time herein
specified and limited, the city shall then remove, without delay,
all telegraph, telephone, electric light, electric feed wires, and
such other electric wires, cables and poles, except trolley wires
and poles, and poles used for connecting underground or subway wires
for the distribution of electric currents, called distributing poles,
whenever and wherever found above ground, on said streets.
(d)
The common council of said city shall hereafter have like power
and control over all such wires and poles above ground on any and
all streets and avenues or sections of streets and avenues in said
city, other than those herein designated, and may from time to time
whenever the common council shall determine that such wires and poles
have become a menace to public safety in any such street or avenue,
or section of such street or avenue, make regulations for the removal
thereof and the placing of the same beneath the surface of such street
or avenue or section of street or avenue and in conduits or subways.
Such regulations shall direct the owners of such wires and poles to
remove the same from above the surface of such street or avenue or
section of street or avenue and place the same beneath the surface
thereof within a certain specified time, which shall not be less than
one year or more than eighteen months from the adoption of such regulations,
which regulations shall be published twice in the official newspaper.
In case the owners of such wires and poles shall fail to comply with
such regulations within the time specified and limited therein, the
said board shall then, and it is hereby empowered and directed to
remove, without delay, all such wires and poles whenever and wherever
found above ground on such street or avenue or section of street or
avenue designated in such regulations.
(e)
The common council of said city is hereby empowered to contract
with any company or companies authorized to construct and capable
of constructing subways or underground conduits for carrying telegraph,
telephone or electric light wires or cables or other appliances for
conducting electricity under any street, section of a street or public
place within said city for the purpose of carrying into effect the
provisions of this section. Such contract or contracts shall provide
for the construction of such subway or subways or underground conduits
at the expense of said company or companies, without any expense to
said city, and shall also contain proper provisions for securing said
city from any loss or damage during the progress of the work required
thereunder, and for the speedy performance of said contract. Upon
the completion of such subway or subways or underground conduits,
said common council may be ordinance or resolution require any company,
corporation or individual to remove from above the surface of any
street or section of street or place within said city all telegraph,
telephone or electric light wires or cables or other appliances for
conducting electricity, except trolley wires, and to place the same
in such subway or subways or underground conduits, and compliance
with such ordinance or resolution may be enforced by mandamus by any
court of competent jurisdiction upon the application of said city
as relator.
(f)
Any company, corporation or individual using such subway or
subways or underground conduits shall be charged for the space occupied
therein a reasonable rental to be fixed by such occupied therein a
reasonable rental to be fixed by such company or companies, subject
to the approval of the common council which shall be paid to such
company or companies. If any company, corporation or individual shall
refuse or neglect to pay the amount of such rental at the time and
in such manner as the common council may direct, such company or companies
constructing such subway or subways or underground conduits, may sue
for the same and recover the amount thereof in any court of competent
jurisdiction.
(g)
Nothing herein contained shall be construed, as authorizing
the common council to require that any particular patent or appliance
shall be used in the construction of any such subways or underground
conduits, nor as requiring any company now having subways or underground
conduits constructed in said city for carrying electrical wires, to
remove such wires from such subways or underground conduits and place
them in the subways or underground conduits herein provided to be
contracted for by the common council; nor shall anything herein contained
be construed as in anywise extending the same beyond November first
nineteen hundred and six, for the removal of all electric wires, except
trolley wires, from above the surface of the streets designated in
the first subdivision of this section.
The common council shall continue to have power, upon the request
of the board of education, to call and hold taxpayers' elections to
vote upon the question of issuing bonds of the city for the purposes
enumerated in paragraph (c) of subdivision one of Section 877 of this
Chapter,[1] in the same manner, and with the same force and effect,
as prior to the eighth day of June, nineteen hundred and seventeen,
and to issue such bonds for such purposes or any of them, pursuant
to the provisions of such charter, provided a majority of the taxpayers
voting at such election approve of such issue.
[1]
Editor's Note: So in original.
A municipal housing authority, to be known as the Poughkeepsie
housing authority, is hereby created and established for the city
for the accomplishment of any or all of the purposes specified in
article eighteen of the constitution of the state. It shall constitute
a body corporate and politic, be perpetual in duration and consist
of five members. It shall have the powers and duties now or hereafter
conferred by the public housing law upon municipal housing authorities.
It shall be organized in the manner prescribed by and subject to the
provisions of the Public Housing Law, and the authority, its members,
officers and employees and its operations and activities shall in
all respects be governed by the provisions of the Public Housing Law.
A public recreation commission for the city.
Such commission shall consist of five members to be appointed
by the mayor for terms of five years, except that the first appointed
shall be appointed for such terms that the terms of one commissioner
shall expire annually thereafter. Vacancies otherwise than by expiration
of term shall be filled for the unexpired term.
The commissioners shall qualify before the chamberlain by taking
the constitutional oath of office and they shall serve without compensation.
They shall be subject to removal by the mayor upon charges after a
hearing.
The commission shall have jurisdiction of and control over all
public recreation of the city, both within and without the corporate
limits, and shall control, operate, manage and supervise recreational
activities at Riverview Field, Eastman Oval, Regatta Row, King Street
Park, Pershing Avenue Playground, Pulaski Park, Bartlett Park, Spratt
Park, Wheaton Swimming Pool, Putnam Hall Park, Main Street dock and
all such other lands or buildings which may from time to time be designated
by local law or by resolution of the common council.
The commission may, from time to time, and for such periods
as it may designate, delegate to the board of education of the City
of Poughkeepsie School District the supervision and control of playground
and supervised playground activities within any of the area specified
in Section 15.22 hereof.
The commission shall elect from its own members such officers
and adopt such rules and regulations as it may deem most advantageous
in the administration and conduct of its business, affairs and public
recreational activities.
For the purpose of exercising the power and authority hereinbefore
vested in it, the commission shall have the right to authorize the
expenditure by the commissioner of finance of such sums as shall be
appropriated for such purposes by the common council, together with
such additional sums as may be donated to it by any person, corporation
or association for public recreational purposes, the power and authority
to solicit and accept such donations being hereby granted to the commission.
All such donated sums shall be deposited with the commissioner of
finance and shall be expended only for recreational purposes in the
same manner as appropriated funds.
The budget for the recreation commission shall be prepared and
adopted in accordance with the applicable provisions of the charter
and this code.
A public golf course commission for the city is hereby created.
Such commission shall consist of five members to be appointed
by the mayor, one of whom must be a member of the common council and
one of whom must be a member designated by the mccann foundation,
inc. Vacancies shall be filled by the mayor. The commission will select
its own chairman and the common council member of the commission may
not serve as chairman. Each member will serve a three year term, except
that the initial members will serve terms of two, three and four years,
with the mayor determining the length of terms for the respective
members.
The commission shall have exclusive jurisdiction over the municipal
golf courses of the city, both within and without the corporate limits.
The members shall qualify before the chamberlain by taking the
constitutional oath of office and they shall serve without compensation.
They shall be subject to removal by the mayor upon charges after a
hearing.
The duties of the golf course commission are to interview and
recommend for hire, a greenskeeper, to interview and recommend for
hire, a golf professional to determine the needs of the golf course
and to make recommendations to the superintendent of recreation, to
establish budgetary requirements, and to submit budgets to the superintendent
of recreation.
Pursuant to the provisions of § 190-a of the Mental
Hygiene Law and for the purpose of providing for community mental
health services on a county-wide basis through the establishment by
the county of a county mental health board to cover the entire area
of the county, it is agreed that the city shall be included in a county
mental health board to cover the entire area of the county by local
law as authorized by said § 190-a of the Mental Hygiene
Law.
The purpose of the mass transportation system is to assure the
provisions of adequate mass transportation services at reasonable
cost for the citizens and residents of the city.
The city shall have the power and is hereby authorized to acquire,
construct, reconstruct, improve, equip, maintain or operate one or
more mass transportation projects. The city shall have the power and
is hereby authorized to occupy or use any of the streets, roads, highways,
avenues, parks or public places of the city therefor and to agree
upon and contract for the terms and conditions thereof. The mass transportation
system shall be under the administrative supervision of the commissioner
of public works.
The city shall have the power and is hereby authorized to make
a contract or contracts with any person, firm or corporation, including
a public authority, for the equipment, maintenance or operation of
a mass transportation facility owned, acquired, constructed, reconstructed
or improved by the city.
The city shall have the power and is hereby authorized to enter
into a contract or contracts for fair and reasonable consideration
for mass transportation services to be rendered to the public by a
privately owned and operated mass transportation facility. Such power
and authorization shall include but not be limited to the power to
appropriate funds for payment of such consideration, and to provide
that all or part of such consideration shall be in the form of capital
equipment to be furnished to and used and maintained by such privately
owned or operated mass transportation facility.
[L.L. No. 1-2000, § 1]
There shall be a City Historian who shall be appointed by the
Mayor. (S)he shall be directly responsible to the Mayor and shall
serve at the pleasure of the Mayor. The City Historian shall have
all the powers and perform all the duties now or hereafter conferred
by law and perform such other related duties required by the Mayor.
The City Historian shall be responsible for maintaining records and
other artifacts of the City's history, acting as a source of information
for the Mayor, Common Council, City staff and City boards and committees
regarding historical facts about the City, and, as time permits, being
available to the media and general public to respond to inquiries
regarding the City's history.
[L.L. No. 3-2014, 6-16-2014, § 2]
(a)
When
any member of the Planning Board of the City of Poughkeepsie fails
to attend fails to attend three (3) consecutive regular meetings of
such board, commission, committee or authority, unless such absence
is for good cause and is excused by the chairman or other presiding
officer thereof, or, in the case of such chairman or other presiding
officer, by the Mayor, may be subject to removal from office pursuant
to the terms of General City Law § 27(9).
(b)
When any member of the Zoning Board of Appeals of the City of Poughkeepsie fails to attend three (3) consecutive regular meetings of such board, commission, committee or authority, unless such absence is for good cause and is excused by the chairman or other presiding officer thereof, or, in the case of such chairman or other presiding officer, by the Mayor, may be subject to removal from office pursuant to the terms of General City Law § 81(8) and City of Poughkeepsie Code § 19-8.1(5).
(c)
When
any member of any other board, commission, committee or authority,
holding office by appointment of either the Mayor or the Common Council
of the City, fails to attend three (3) consecutive regular meetings
of such board, commission, committee or authority, unless such absence
is for good cause and is excused by the chairman or other presiding
officer thereof, or, in the case of such chairman or other presiding
officer, by either the Mayor when the member holds office by appointment
of the Mayor, or the Chair of the Common Council when member holds
office by appointment of the Common Council, the office may be deemed
vacant for purposes of the nomination and appointment of a successor.