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City of Port Jervis, NY
Orange County
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Table of Contents
Table of Contents
Code
New Laws (14) Index
[1]
Editor's Note: For additional provisions concerning city officers, see Ch. 115, Officers and Employees.
[Amended 9-25-1978 by L.L. No. 1-1978, approved 9-25-1978; 12-8-1980 by L.L. No. 3-1980, approved 12-8-1980; 12-12-1988 by L.L. No. 10-1988, approved 12-12-1988; 8-15-1990 by L.L. No. 13-1990, approved 8-15-1990; 9-14-2009 by L.L. No. 8-2009, approved 9-14-2009]
The officers of the city shall be a Mayor, a Councilman at Large, two (2) Councilmen from each ward, a City Judge, a City Clerk-Treasurer, a Deputy City Clerk-Treasurer, an Assessor, an Acting City Judge, two (2) or more Marshals, a Corporation Counsel, a Director of Public Works, an Assistant Director of Public Works, a Superintendent of Water, a Chief of Police, Police Lieutenants, a Fire Chief, a Building Official, an Assistant Building Official, a Director of Recreation, a Plumbing Inspector, an Electrical Inspector, a Fire Inspector and such other officers as may be authorized and required by general law.
No person shall be elected or appointed to any city office unless he shall at the same time be a resident of said city,[1] nor to any ward office unless he shall at the time be a resident of the ward for which he is elected or appointed. Whenever any officer of said city shall cease to be a resident of said city, or of the ward for which he was elected or appointed, his office shall thereby become vacant.
A. 
The requirement that the Deputy City Clerk-Treasurer be a resident of the City of Port Jervis, New York, may be waived and a nonresident of this city appointed, provided the waiver be exercised by a majority vote of the Common Council.
[Added 9-10-1979 by L.L. No. 3-1979, approved 9-10-1979]
B. 
No person shall, at the same time, hold more than one (1) city office, except upon the recommendation of the Mayor and the approval of two-thirds (2/3) of the entire membership of the Common Council.
[Amended 1-25-1982 by L.L. No. 1-1982, approved 2-10-1982; 5-11-1983 by L.L. No. 7-1983; approved 5-12-1983]
C. 
The Acting City Court Judge need not be a resident of the City of Port Jervis, provided that he or she be a resident of Orange or Sullivan Counties.[2]
[Added 3-25-1985 by L.L. No. 2-1985, approved 4-23-1985]
[2]
Editor's Note: Former Subsection C, which provided that the residency requirement may be waived for the Administrator, Community Development and Administrative Services, added 9-25-1978 by L.L. No. 1-1978, approved 9-25-1978, was repealed 12-8-1980 by L.L. No. 3-1980, approved 12-8-1980.
D. 
The requirements that the Corporation Counsel be a resident of the City of Port Jervis may be waived and a nonresident of the city appointed, provided the waiver be exercised by a majority vote of the Common Council. A Corporation Counsel, whether a resident or a nonresident, shall meet the following qualifications to be eligible for appointment:
(1) 
That the appointee be an attorney and counselor at law in all the courts of the State of New York.
[Amended 3-27-1995 by L.L. No. 9-1995, approved 3-27-1995]
(2) 
That the appointee be actively engaged in the practice of law at the time of, and for a period of not less than two (2) years immediately prior to, said appointment.
[Amended 3-27-1995 by L.L. No. 9-1995, approved 3-27-1995]
E. 
The residency requirement for the Superintendent of Water may be waived by a two-thirds (2/3) vote of the entire membership of the Common Council, provided that said officer must maintain a residence in the State of New York within fifteen (15) miles of the City of Port Jervis.
[Added 6-10-1985 by L.L. No. 5-1985, approved 6-24-1985]
F. 
The Common Council may waive the residency requirement for any appointive City officers enumerated in Section C2-4 of Article II of the Port Jervis City Charter nominated by the Mayor provided the waiver be exercised by a majority vote of the Common Council.
[Amended 3-28-2016 by L.L. No. 7-2016, approved 3-28-2016]
[1]
Editor's Note: For residency requirements as to other employees, see Ch. 115, Officers and Employees, Art. II.
A. 
The elective city officers to be elected by the city at large shall be a Mayor, a Councilman at Large and a City Judge. The elective officers of the city to be elected by each ward shall be two (2) Councilmen.
B. 
Terms of elective officers. The term of office of the Mayor shall be two (2) years; Councilman at Large, two (2) years; City Judge, four (4) years; and Councilman, two (2) years.
A. 
The appointive city officers shall be a City Clerk-Treasurer, a Deputy City Clerk-Treasurer, an Assessor, an Acting City Judge, two (2) or more Marshals, a Corporation Counsel, a Director of Public Works, an Assistant Director of Public Works, a Superintendent of Water, a Chief of Police, a Fire Chief, a Building Official, a Plumbing Inspector, an Electrical Inspector, a Fire Inspector and such other officers as may be authorized and required by general law. The appointive officers shall be nominated by the Mayor and appointed by the Common Council, five (5) votes being necessary for an appointment; if after thirty (30) days the Mayor shall not have nominated a person to fill any city office, the Common Council may nominate and appoint a person to fill such office, five (5) votes being necessary for appointment.
[Amended 9-25-1978 by L.L. No. 1-1978, approved 9-25-1978; 12-8-1980 by L.L. No. 3-1980, approved 12-8-1980; 1-25-1982 by L.L. No. 1-1982, approved 2-10-1982; 8-15-1990 by L.L. No. 13-1990, approved 8-15-1990]
B. 
Term of office of appointive officers. When the appointment of a city officer is authorized and required by general law, the term shall be as is prescribed by the general law under which said officer is appointed, subject to removal for cause by the Common Council or such alternate removal procedure as prescribed by said general law. Any and all city officers appointed subsequent to the effective date of this Charter provision, and for whom a term is not otherwise provided herein or by general law, shall serve for a term of not less than one (1) year and not more than ten (10) years as the Common Council may fix, subject to removal for cause by the Common Council.
[Amended 7-9-1979 by L.L. No. 1-1979, approved 7-9-1979; 6-10-1985 by L.L. No. 4-1985, approved 6-24-1985]
[Amended 11-23-1987 by L.L. No. 12-1987, approved 11-23-1987]
All city officers and employees, including the Mayor and all members of the Common Council, shall receive such compensation as is authorized and approved by the Common Council.
The term of office of each officer elected at a general election shall commence the first day of January following his election. The terms of each officer appointed for a full term shall, other than as herein provided, commence on the first day of February of the year in which the appointment is required to be made.
All regular city elections shall be held on the day of general election in every odd-numbered year. The Common Council shall provide polling places, ballot boxes and other necessary apparatus and material in each election district in said city for each election within said city, and the manner of conducting such elections shall, in all respects, conform to and be governed by the Election Law of the State of New York.
The Common Council of said city shall meet as a Board of City Canvassers on the next Thursday after each city election. The City Clerk-Treasurer shall present to the Common Council at such meeting certified statements of the result of such election in the several election districts of the city, as delivered to him by the Inspectors of Election of such districts. The Common Council shall canvass such certified statements and determine and declare the total number of votes cast for each candidate for each office to be filled at such election, and the number of votes cast for and against each proposition or question. The persons having the greatest number of votes for the respective offices to be filled shall be declared duly elected. In case of a tie vote, the Common Council shall fill such office by appointment until the next general election. The City Clerk-Treasurer shall enter such determinations and declarations in the minutes of the meeting of the Common Council.
The Common Council, by a vote of two-thirds (2/3) of the entire membership, may reprimand, suspend or remove any city officer appointed by it, for dishonesty, incapacity, neglect of duty or other irregularity, giving such officer reasonable notice thereof, which shall contain the specifications of the charges and a reasonable opportunity to be heard; such officer may be suspended pending such investigation. This section shall not apply to those city officers governed by the Civil Service Law of the State of New York.
[Amended 5-27-1975 by L.L. No. 2-1975, approved 6-10-1975]
Except as otherwise provided for in this Charter, if a vacancy shall occur in any elective office of the city, the Common Council shall appoint a person to fill such vacancy for the balance of the unexpired term. Such appointment shall be made by a majority vote of those Council members present at either the regular or special meeting during which such business is transacted.