A.Â
Creation of departments. The Common Council may establish City departments,
offices, or agencies in addition to those created by this Charter
and may prescribe the functions of all departments, offices, and agencies.
B.Â
Direction by Mayor. All departments, offices, and agencies under
the direction and supervision of the Mayor shall be administered by
an officer appointed by and subject to the direction and supervision
of the Mayor. With the consent of Council, the Mayor may serve as
the head of one or more such departments, offices, or agencies or
may appoint one person as the head of two or more of them.
C.Â
Unless otherwise prescribed by state law or this Charter, the term
of office of department heads shall commence on the first day of February
following commencement of the Mayor's term in office and shall
end on January 31st following the expiration of the Mayor's term
in office.
D.Â
Civil service status. The civil service status and rights of all
City employees and their beneficiaries, including, but not limited
to, those with respect to retirement and social security, shall not
be affected by this Charter. Nothing contained in this Charter shall
affect the term of office of any City officer or member of any board
or commission who shall have been elected or appointed prior to the
effective date of this Charter. The Common Council may change the
civil service status of City positions after the effective date of
this Charter in accordance with Civil Service Law.
E.Â
Managerial authority and duty. Department heads shall have the following
authority and duties and such others as may be delegated by the Mayor:
(1)Â
Evaluate and recommend prospective appointees to department positions.
(2)Â
Supervise, evaluate, authorize or initiate disciplinary proceedings
against department employees.
(3)Â
Make work assignments.
(4)Â
Advise on collective bargaining demands and responses.
(5)Â
At the direction of the Mayor, serve as a management representative
in collective bargaining negotiations.
(6)Â
Approve department purchases of goods and services under the City's
purchasing policy.
(7)Â
Prepare the annual department budget and long-range plans for the
department.
(8)Â
Formulate and recommend for Council approval new or revised departmental
policies.
The City shall have the following Boards and Commissions whose
members and officers shall be appointed as set forth in this Charter,
the Administrative Code or state law.
[Amended 8-17-2017 by L.L. No. 4-2017; 11-16-2017 by L.L. No. 7-2017]
Each City department shall be managed by a department head and
such assistant department heads or deputies whose positions have been
established by the Common Council. The function, organization, powers
and duties of a department shall be defined in this Charter or the
Administrative Code.
A.Â
City Clerk.
B.Â
Law.
C.Â
City Court.
D.Â
Finance.
E.Â
Police.
F.Â
Fire.
G.Â
Public Works.
H.Â
Municipal Lighting Department.
I.Â
Environmental Services.
J.Â
Community Development.
K.Â
Assessor.[1]
[1]
Note: In the event the City enters a contract with Clinton
County pursuant to Real Property Tax Law § 1537, such that
the County provides assessment services for and on behalf of the City
with a designated assessor, an Assessor Department within the City
shall not be required. During the term of the aforementioned contract,
there shall be no department head or related position in the Assessor
Department.
L.Â
Codes Enforcement.
A.Â
Appointment. There shall be a City Clerk who shall be appointed by
the Mayor, subject to confirmation by the Common Council. The City
Clerk shall be directly responsible to the Mayor.
B.Â
Powers and duties. The City Clerk shall have the following powers
and duties and such others as are delegated by state law, including,
without limitation, the powers delegated to Town Clerks under the
Town Law, this Charter and the Administrative Code. The City Clerk:
(1)Â
Shall act as registrar of vital statistics of the City.
(2)Â
Shall have custody and control of the journal of Common Council proceedings,
laws, ordinances, rules, regulations, resolutions, contracts, agreements,
deeds and other instruments the City is a party to.
(3)Â
Receive and file the minutes of the proceedings of City boards and
commissions.
(4)Â
Maintain the official Administrative Code.
(5)Â
File local laws and publish required notices and documents.
(6)Â
Act as the City's Freedom of Information Law officer.
(7)Â
Issue licenses and permits and collect authorized fees.
(8)Â
Maintain a log of notices of claim and legal process served upon
the City, and forthwith transmit copies of such documents to the corporation
counsel and City Chamberlain.
A.Â
Establishment; qualifications, appointment, term. There shall be
a Department of Law headed by a corporation counsel who shall be appointed
by the Mayor, subject to confirmation by the Common Council. He or
she shall have been admitted to practice before the courts of the
State of New York for not less than five years prior to appointment.
Unless otherwise prescribed by state law, the corporation counsel's
term shall commence on the first day of February following commencement
of the Mayor's term in office and shall end on January 31st following
the expiration of the Mayor's term in office. The corporation
counsel may be compensated on a salaried or hourly rate basis, or
a combination thereof. The corporation counsel may engage in the private
practice of law so long as it does not conflict with his or her duties
and such practice is not conducted on City premises.
B.Â
Powers and duties. The corporation counsel shall serve as chief legal
adviser to the Mayor, the Common Council and all City departments,
offices and boards, and shall represent the City in all legal proceedings,
and shall perform any other duties prescribed by state law, this Charter
and local law or ordinance. The corporation counsel may bring such
actions and proceedings as are authorized by the Mayor or Common Council.
No claim, case or proceeding that requires the payment of money by
the City may be settled without authorization by the Common Council.
The corporation counsel may, with the written consent of the Mayor,
employ counsel to assist him in the conduct of important cases or
proceedings in which the City is interested or a party and may also,
with the consent of the Mayor and Common Council, appoint an assistant
corporation counsel to act in his place and stead, in case of his
absence or disability.
There shall be a City court presided over by a full time City
judge. The City court shall not be subject to supervision or control
by the Mayor or Council. The City shall provide adequate accommodations
for City court.
A.Â
City judge. Qualifications, appointment. The City judge shall be
appointed by the Mayor, subject to confirmation by the Common Council.
He or she shall have been admitted to practice before the courts of
the State of New York for not less than five years prior to appointment
and shall be a resident of the City at the time of his appointment
and during his or her term in office. The term of the City judge shall
be as prescribed in state law.
B.Â
Acting City judge. Qualifications, appointment. The acting City judge
shall be appointed by the Mayor, subject to confirmation by the Common
Council. He or she shall have been admitted to practice before the
courts of the State of New York for not less than five years prior
to appointment and shall be a resident of the City at the time of
his or her appointment and during his or her term in office. The term
of the acting City judge shall be as prescribed in state law, but
if no term is prescribed, the term shall commence on the first day
of February following commencement of the Mayor's term in office
and shall end on January 31st following the expiration of the Mayor's
term in office.
There shall be a Department of Finance headed by a City Chamberlain
who shall be appointed by the Mayor, subject to confirmation by the
Common Council. He or she shall be qualified on the basis of his or
her training and experience in financial management. He or she shall
be directly responsible to the Mayor.
A.Â
Powers and duties. The City Chamberlain shall:
(1)Â
Be the chief fiscal officer of the City responsible for all financial
administration of the City; specifically, he or she shall:
(a)Â
Collect, receive, have custody of, deposit and disburse all
fees, revenues and other funds of the City or for which the City is
responsible.
(b)Â
Review and pay all payrolls, approved claims, expenses and other
authorized disbursements of the City.
(c)Â
Perform the duties of an "enforcing officer" under the Real
Property Tax Law.
(d)Â
Conduct the sale of all bonds pursuant to the provisions of
the Local Finance Law and keep a record of all indebtedness, bonded
or otherwise, of the City.
(e)Â
Provide adequate insurance and surety bond coverage to protect
the City from all reasonable risks of loss or damage.
(f)Â
Submit to the Mayor and the Common Council at the end of each
quarter of the fiscal year, and such other times as requested, a complete
statement of City finances as specified in the Administrative Code.
(2)Â
Advise and assist the Mayor and Council in the preparation of the
Mayor's budget and the Council's budget. Prepare for the
corporation counsel's review: laws, ordinances and resolutions
adopting the City budget and the levying taxes.
(3)Â
Act as the chief auditing and accounting officer of the City; specifically,
he or she shall:
(a)Â
Maintain records of appropriations, encumbrances and expenditures
and prescribe approved methods of accounting for all units of City
government, unless otherwise required by the State Comptroller.
(b)Â
Certify the availability of funds for all requisitions, contracts,
purchase orders and other documents by which the City incurs financial
obligations or for the expenditure of funds for which the City is
responsible.
(c)Â
Audit for approval of payment all lawful claims or charges against
the City or against funds for which the City is responsible, in whole
or in part, in the manner provided in the Administrative Code.
(d)Â
Audit the financial records and accounts of all units of City
government charged with duties relating to funds of the City or for
which the City is responsible.
(e)Â
Provide for budget controls and allocation of appropriated funds
in efficient, economical and justifiable manners.
(f)Â
Review, evaluate and recommend changes to the City's purchasing
policy and procedures.
B.Â
Deputy Chamberlain. There shall be a deputy Chamberlain appointed
by the Mayor and confirmed by the Common Council. The deputy chamberlain
shall, unless otherwise prescribed by law, possess the powers and
perform the duties of the chamberlain during the absence or inability
to act of the chamberlain, or during a vacancy in the office.
The Municipal Lighting Department, established by Local Law
No. 1 of 1936 pursuant to Article 14-a of the General Municipal Law,
is authorized to provide any service authorized to be furnished by
an electric corporation pursuant to Article 4 of the Public Service
Law. The department shall be governed by a Board of Directors composed
of the Mayor and members of the Common Council. The Board of Directors
shall adopt bylaws and hold regular meetings within 15 days of the
end of each calendar quarter. The department shall establish and maintain
separate financial records showing all revenue and expenditures. The
Board of Directors shall establish customer rates, charges and terms
of service in compliance with Public Service Commission laws, regulations
and procedures. The department shall be administered by a manager
appointed by the Mayor and confirmed by the Common Council.
The Plattsburgh Public Library is not a branch or department
of City government, but a separate entity governed by the Library
Board of trustees constituted in accordance with the Charter granted
to it by the New York State Board of Regents. The Library Board has
the power and duty to determine and carry out all policies and principles
pertaining to operations of the library; to use library property;
to appoint, manage and control library personnel; to use and expend
funds appropriated for library purposes. The Mayor shall appoint the
Library Board of trustees, subject to Council confirmation. The City
may appropriate funds for library purposes. Library funds shall be
subject to oversight, custody and control by the City chamberlain,
as provided in state law.