[Amended 6-7-2016 by L.L.
No. 1-2016]
A.
Officers of the City. The officers of the City shall be elected or
appointed. Elected officers include the Mayor, Common Council Members
and City Judge. Appointed officers include the City Administrator,
the City Prosecutor, half-time City Judge, City Health Officer, Director
of Finance, City Clerk, Assessor, City Engineer, City Attorney, and
all Deputy Clerks and Deputy Directors of Finance.
[Amended 11-17-2020 by L.L. No. 3-2020]
B.
Officers on Boards and Commissions. The appointed officers of the
City shall also include the members of the following boards and commissions:
Civil Service Commission, Planning Commission, Board of Public Service,
Board of Assessment and Review, Public Arts Commission and Zoning
and Housing Board of Appeals.
[Amended 1-4-2022 by L.L. No. 3-2022]
[Amended 6-7-2016 by L.L.
No. 1-2016]
A.
General powers and duties.
(1)
The Mayor is the City of Oneonta's Chief Elected Officer, and is
the only officer elected by the entire City electorate. The Mayor
serves as the head of City government for all official and ceremonial
purposes and presides at all meetings of the Common Council, serving
as its chair.
(2)
As the Common Council's chair, the Mayor is an integral part of setting
legislative priorities, sets the agenda for Common Council meetings,
leads the Common Council in strategic planning, and guides and advises
the City Administrator in fulfilling
Common Council priorities and instructions.
[Amended 11-17-2020 by L.L. No. 3-2020]
(3)
The Mayor is also charged with a number of other leadership roles
and functions and powers conferred by this charter or the general
laws of the state, not inconsistent with this charter.
(4)
The Mayor shall:
(a)
Serve as the head of City government for all official and ceremonial
purposes, preside over the Common Council, and have and exercise all
the powers conferred by this Charter or by the general laws of the
state, not inconsistent with this Charter.
(b)
Serve as the Chief Elected Official who shall formulate the
Common Council agenda and propose policy consistent with the general
welfare of the city and its residents.
(c)
Sign, on behalf of the City, all contracts made by it, and cause
the seal of the City to be affixed thereto.
(d)
Sign all deeds, local laws, resolutions, and ordinances to be
executed as an act of the City, and sign appointments made to City
offices by the Common Council.
(e)
Have the power, at any time, to examine the books, papers, and
accounts of any board, commission, department, office, or agency of
the City; administer oaths to witnesses; and issue subpoenas to compel
the appearance of witnesses and the production of books, papers, and
other evidence.
(f)
Have the power to establish all committees of the Common Council
and appoint their members and chairs.
(g)
Communicate a general statement of the affairs of the City in
relation to its finances, government, and improvement, to the Common
Council as soon after the start of the fiscal year and as often thereafter
as s/he considers expedient with such recommendations as the Mayor
deems proper.
(h)
Shall serve as primary liaison in matters concerning state and
federal governmental entities.
(i)
During an emergency, the Mayor will serve as the point of contact
with both federal and state officials, and the media and public. Emergency
decisions regarding public safety, when necessary, shall be made by
the City Administrator in consultation with the Mayor who represents
the needs of the people of the City and the directions of the Council.
[Amended 11-17-2020 by L.L. No. 3-2020]
B.
Appointments.
(1)
City officers. The Mayor shall appoint, with confirmation by the
Common Council, the City Attorney, and the City Health Officer. The
mayor shall appoint the City Prosecutor, and one half-time City Court
Judge consistent with New York State law.
(2)
Members of boards and commissions. Except as otherwise provided for
in this Charter, or by general law, local law, or ordinance, the Mayor
shall appoint, subject to approval by the Common Council, City residents
as members of all boards and commissions. Membership of each board
or commission shall, whenever possible, be drawn from more than one
political party.
(3)
Appointment of Common Council Members to boards and commissions.
The Mayor may appoint a Common Council Member to each board or commission,
who shall be an ex-officio member, who shall have no vote, and who
shall act as a liaison to the Common Council.
C.
Removal of board and commission members. The Mayor may remove a mayoral
appointee to any board or commission, and shall notify the Common
Council of such removal.
D.
Citizen advisory boards and other ad hoc groups. The Mayor may create
and dissolve citizen advisory boards, commissions, and other ad hoc
groups with Common Council approval. The Mayor may appoint residents
of the City to such boards and, commissions, with the approval of
the Common Council. The Mayor may appoint residents of the City or
nonresidents to such ad hoc groups that may serve the interest of
the City.
E.
City of Oneonta Housing Authority. The Mayor shall appoint the members
of the City of Oneonta Housing Authority.
[Amended 6-7-2016 by L.L.
No. 1-2016; 11-17-2020 by L.L. No. 3-2020]
A.
Appointment, term, compensation, qualifications. The Common Council
and the Mayor shall conduct the search and oversee the hiring and
appointment of the City Administrator, who shall be competent to execute
the duties of the position. The City Administrator shall serve at
the pleasure of the Common Council and the Common Council shall fix
the compensation annually. The City Administrator shall be qualified
by possessing a master's degree in public administration and at least
three years' successful experience in a responsible executive position
in government administration, or any equivalent training or combination
of experience and training in municipal government. After an initial
six-month probationary period, the City Administrator's performance
shall be evaluated by the Common Council and the Mayor and on an annual
basis thereafter.
B.
Residency. The City Administrator need not be a resident of the City
of Oneonta or the State of New York at the time of appointment. After
appointment the City Administrator may reside outside the City on
a temporary basis pursuant to the terms of a resolution of the Common
Council.
C.
Powers and duties. The City Administrator:
(1)
Shall be the Chief Administrative Officer of the City, and shall
be responsible to the Common Council and the Mayor for the administration
of all City affairs placed in the City Administrator's charge by or
under this charter, or by other applicable law.
(2)
Shall have the primary responsibility for the daily administration
of the City, including the supervision of all employees, coordination
and delivery of services, and oversight of fiscal management in coordination
with the Director of Finance and the Common Council.
(3)
Shall appoint all employees of the City with the approval of the
Common Council, except as provided otherwise in this Charter or by
applicable law.
(4)
Shall assure the Mayor that the policies and directives adopted by
the Common Council are properly executed.
(5)
Shall serve as the liaison between the heads of all departments and
agencies of City government, and the Mayor and Common Council.
(6)
In conjunction with the Director of Human Resources, may suspend
or remove any employee of the City as authorized by State law or pursuant
to the terms of any applicable collective bargaining agreement.
(7)
Shall attend all meetings of the Common Council and may participate
in discussion of any matter before the Common Council, but may not
vote.
(8)
S/he shall make reports as requested by the Common Council and/or
the Mayor concerning the operations of the City departments, offices,
and agencies and shall regularly advise the Common Council about the
City's present and future financial and operational status and needs.
(9)
Shall lead the collective bargaining process as a member of the management
team in City negotiations with collective bargaining units.
(10)
In conjunction with the Finance Director shall lead the annual planning
and budgeting process, including the preparation of a full draft budget
that is presented to the Common Council.
(11)
Shall serve, when directed and as needed, as liaison for the City
with local and county entities, facilitating effective communication
and the free exchange of ideas between the departments and other agencies
of City government and the general public. The primary liaison is
the Mayor.
(12)
May prescribe and enforce rules and regulations for the efficient
management of City government consistent with this Charter and other
applicable law.
(13)
Shall administer the annual performance evaluation review process
for all heads of City departments.
(14)
Shall perform such other duties as required by this Charter or other
applicable law, or as directed by the Common Council and the Mayor.
D.
Acting City Administrator.
(1)
The City Administrator shall designate a department head to serve
as Acting City Administrator in event of the extended absence or disability
of the City Administrator. This appointment of the Acting City Administrator
shall occur within 30 days of the appointment of the City Administrator.
The appointment of the Acting City Administrator shall be subject
to the Common Council approval. The Acting City Administrator shall
have and exercise all the powers and discharge all the duties and
be subject to all the provisions of law applicable to the office of
City Administrator.
(2)
In the event that no Acting City Administrator is selected pursuant
to the process outlined in the paragraph above, the Common Council
shall appoint an appropriate individual to serve in such capacity.
E.
Suspension and removal. The Common Council may suspend the City Administrator
by enactment of a resolution approved by the majority of the Common
Council which shall set forth the reasons for suspension and proposed
removal. A notice of such resolution shall be provided immediately
to the City Administrator. The City Administrator shall continue to
receive full salary until the effective date of a final resolution
of removal.
[Amended 6-7-2016 by L.L.
No. 1-2016]
A.
Advisory role. All boards and commissions shall be advisory except
as otherwise provided in this Charter, the City Code or state law.
B.
Current boards and commissions. As of the effective date of this
Charter, the following boards and commissions will exist in the City:
Parks and Recreation Commission, Airport Commission, Board of Public
Service, Environmental Board, Board of Examining Electricians, City
of Oneonta Planning Commission, Zoning and Housing Board of Appeals,
Examining Board of Plumbers, Commission on Community Relations and
Human Rights, Americans with Disabilities Committee, Public Arts Commission,
Housing Commission, Community Police Board, and Board of Assessment
and Review.
[Amended 1-4-2022 by L.L. No. 3-2022]
C.
Terms of office. The term of office of members of boards and commissions
shall be three years except as otherwise provided by this Charter
or other applicable law. No member of a board or commission shall
serve more than three consecutive terms of office.
[Amended 6-7-2016 by L.L.
No. 1-2016; 1-4-2022 by L.L. No. 3-2022]
All persons elected or appointed as a City officer must be a
resident of the City. A Common Council member must be a registered
voter of the ward for which he or she is elected. The Common Council
may appoint a non-resident of the City to an appointive City office,
or to any Board or Commission, except as provided otherwise in this
Charter or by applicable law, pursuant to a resolution of exemption
or a resolution that sets a time frame for the appointee to establish residency
in the City. Whenever any officer of the City, other than one serving
under a resolution of exemption, shall cease to be a resident of the
City or of the ward for which such person was elected or appointed,
that office shall thereupon become vacant. No person shall serve in
more than one City officer position at any one time.
[Amended 6-7-2016 by L.L.
No. 1-2016]
A.
Mayor. If, as a result of a disaster, as defined by § 20
of the Executive Law of the State of New York, the office of Mayor
becomes vacant, or the Mayor by reason of disability or absence from
the City shall be prevented from attending to the duties of the office
of Mayor, and the Acting Mayor as the designated Common Council Member,
is unable to discharge the powers and duties of the office of Mayor
or shall be absent from the City, the Common Council, or if vacancies
have reduced its membership to less than a majority, then a majority
of the remaining members of the Common Council shall appoint a person
to fill such vacancy until such time as the Mayor or Acting Mayor
as designated Council Member is able to assume the duties of the office
of Mayor.
B.
Other elective office. If a vacancy shall occur in any other elective
office of the City, in the event of such disaster, the Common Council,
or if vacancies have reduced its membership to less than a majority,
then a majority of the remaining members of the Common Council shall
appoint a person to fill such vacancy until the incumbent is able
to assume the duties of the office.
C.
City Administrator.
[Amended 11-17-2020 by L.L. No. 3-2020]
(1)
If, as a result of a disaster, as defined by § 20 of the
Executive Law of the State of New York, the office of City Administrator
becomes vacant, or the City Administrator by reason of disability
or absence from the City shall be prevented from attending to the
duties of the office of City Administrator, and the Acting City Administrator
is unable to discharge the powers and duties of the office of City
Administrator or shall be absent from the City, the Common Council,
or if vacancies have reduced its membership to less than a majority,
then a majority of the remaining members of the Common Council shall
appoint a Department Head to fill such vacancy until such time as
the City Administrator or Acting City Administrator is able to assume
the duties of the office of City Administrator.
(2)
In the event that no Department Head is selected pursuant to the
process outlined in the paragraph above, the Common Council shall
appoint an appropriate individual to serve in such capacity.
D.
Other City Offices. If any City officer, except the Mayor or Council
Member, Board Member or Commission Member shall, from sickness, absence,
suspension from office by the Common Council, or from any other cause,
be unable to discharge the duties of that office, the City Administrator
shall appoint a suitable person to discharge such duties during such
disability, unless otherwise prohibited by law. The person so appointed
shall have and exercise all the powers and discharge all the duties
and be subject to all the provisions of law applicable to such officer,
and shall receive such salary as shall be fixed by the Common Council.
[Amended 11-17-2020 by L.L. No. 3-2020; 1-4-2022 by L.L. No. 3-2022]
[Amended 6-7-2016 by L.L.
No. 1-2016]
The term of office of each appointive officer shall be one year
except as otherwise provided by this Charter or other applicable law.
An appointive officer may be removed at any time, with or without
cause, by the appointment of a successor pursuant to this Charter
or as permitted by other applicable law.
[Amended 6-7-2016 by L.L.
No. 1-2016]
The term of office of each officer appointed by the Mayor for
a full term shall, other than as herein provided, commence on the
15th day of January of the year in which the appointment is required
to be made.
[Amended 6-7-2016 by L.L.
No. 1-2016]
If a vacancy shall occur in any elective office of the City,
other than by expiration of term, the Mayor with the approval of the
Common Council shall appoint, except as otherwise provided in this
Charter, a person to fill such vacancy until the next general election.
If a vacancy shall occur in any elective office of the City, by the
expiration of term, as in the case of a tie vote, the Mayor, with
the approval of the Common Council, shall appoint, except as otherwise
provided in the Charter, a person to fill such vacancy until the next
general election. If the vacancy shall occur in the office of Mayor,
it shall be filled by Common Council appointment. A vacancy occurring
in an appointive office of the City, other than by expiration of term,
shall be filled for the balance of the unexpired term in the same
manner as an appointment for a full term.
Each officer of the City shall, before assuming the duties of
office, take and file in the office of the City Clerk the official
oath in accordance with Article 13 of the New York State Constitution
and Section 10 of the Public Officers Law. Each Mayor, Clerk, Council
Member, and City Judge shall file a certificate of election or appointment
with the City Clerk, and take and subscribe the constitutional oath
before assuming the duties of office.
Officers and employees as determined by the Common Council shall,
prior to performing the duties of their respective positions, execute
and file an official bond in accordance with the General Construction
Law and the Public Officers Law and for omission to do so shall be
subject to the penalties and liabilities prescribed by statute. Other
than as provided in this Charter, the penal sum named in such bond,
or the sum specified in any such undertaking as the maximum amount
of liability thereon, shall be fixed by the Common Council. The City
shall pay the premiums, if any, upon said bonds. Any department or
agency of the City may procure, with the approval of the Common Council,
a blanket undertaking from any duly authorized corporate surety covering
officers, clerks, and employees pursuant to Section 11 of the Public
Officers Law.
No officer of the City or other person shall have power or authority
to make any purchase on behalf of, or on the credit of, the City or
to contract any debts or liabilities against the City, unless authorized
to do so by, or in pursuance of, the provisions of this Charter or
general law, and no account, claim, or demand of any kind shall be
allowed or paid unless so authorized.
[Amended 6-7-2016 by L.L.
No. 1-2016]
Boards and commissions shall set their meeting schedules at
the start of each calendar year and submit them to the City Clerk
for publication and notification. All meetings of the various boards
and commissions shall be held at such times as may be agreed upon
by majority vote of its members, but in no case shall any such meeting
commence sooner than 4:00 p.m., or after 8:00 p.m., Mondays through
Thursdays, except for special meetings which may be called as provided
in this Charter. The established meeting time can only be changed
by a majority vote of the board or commission members.
The Chair of every board and commission shall file an annual
report with the Common Council on or before the 31st day of December
in each year.
