This Charter, together with all subsequent amendments hereto, provides for the government of the City of Plattsburgh and shall be known and may be cited as the "Charter of the City of Plattsburgh."
The purpose of this Charter is to provide the legal framework for the governance of the City of Plattsburgh.
The City shall have all powers possible for a city to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in this Charter.
The powers of the City under this Charter shall be construed liberally in favor of the City, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the general power granted in this article. Any state law which is inconsistent with this Charter shall be superseded by this Charter to the extent inconsistent, except where supersession is restricted by law.
The City may participate by contract or otherwise with any governmental entity of this state or any other state or states or the United States in the performance of any activity which one or more of such entities has the authority to undertake.
The boundaries of the City shall continue as now established or as hereafter established in a manner provided by law. The boundaries shall be described in the Administrative Code.
The Common Council shall approve a Seal of the City of Plattsburgh for use, when required.
Terms defined. Whenever used in this Charter, unless otherwise expressly stated or unless the context or subject matter otherwise requires:
- ADMINISTRATIVE CODE
- Part II of the City Code as prescribed in this Charter.
- Except as otherwise provided herein, a body of persons appointed or elected in the manner herein provided for the purpose of administering designated City functions or advising on matters of continuing City interest, or in assisting in the making of City governmental policy.
- The Charter of the City of Plattsburgh as set forth in Part I of the City Code.
- The City of Plattsburgh.
- CITY CODE
- The City Code is divided into the following parts. Part I contains the Charter of the City of Plattsburgh; Part II contains all City legislation of an administrative nature, namely, that dealing with the administration of government, that establishing or regulating municipal departments and that affecting officers and employees of the municipal government and its departments. Part III contains all other legislation of a regulatory nature. Legislation in this part generally imposes penalties for violation of their provisions, whereas that in Part II does not. The misclassification of legislation as administrative or general legislation shall not affect its validity.
- COMMON COUNCIL
- Also means "City Council" or "Council" and is the legislative body of the City consisting of the Mayor and six Councilors.
- Any person, except an officer, employed by the City or an agency thereof, but shall not include an independent contractor.
- FISCAL YEAR
- The period beginning with the first day of January and ending with the last day of December each year.
- A state statute, charter, local law or ordinance.
- LOCAL LAW
- A legislative act of the Council adopted pursuant to the New York State Municipal Home Rule Law, but shall not mean or include an ordinance, resolution or other similar act of the Council or of any other board or body of this City.
- Includes the following:
- a. The Mayor and members of the Common Council.
- b. The person appointed as administrative head, manager or director of any City agency or department of the City; the first deputy of an agency, department or division who has authority to act on behalf of the department head in his or her absence.
- c. A person to whom the Common Council has delegated the authority to exercise some portion of the sovereign power, either in making, executing or administering the laws.
- A legislative act which is permanent in nature unless specifically self-limiting, general in its application, adopted pursuant to this Charter and Code and relating to property or any other subject of City concern not required to be enacted by local law.
- Includes and shall be coextensive with the words "person," "company" and "corporation".
- QUORUM and MAJORITY
- Whenever three or more public officers are given any power or authority, or three or more persons are charged with any public duty to be performed or exercised by them jointly or as a board or similar body, a majority of the whole number of such persons or officers, gathered together in the presence of each other or through the use of videoconferencing, at a meeting duly held at a time fixed by law, or by any bylaw duly adopted by such board or body, or at any duly adjourned meeting of such meeting, or at any meeting duly held upon reasonable notice to all of them, shall constitute a quorum and not less than a majority of the whole number may perform and exercise such power, authority or duty. For the purpose of this provision, the words "whole number" shall be construed to mean the total number which the Board, commission, body or other group of persons or officers would have were there no vacancies and were none of the persons or officers disqualified from acting.
- A legislative act which is an expression of opinion on a matter of public policy or the approval of an administrative action not otherwise required to be authorized by local law or ordinance, which is adopted pursuant to a motion and in accordance with the rules of the Council.