Each officer of the city shall take and file the oath of office
required by law before he shall be entitled to enter upon the discharge
of any of his official duties pursuant to Article XIII of the New
York State Constitution and Section 10 of the Public Officers Law.
The Mayor, the Councilman at Large, each Councilman, the City Judge
and all appointive officers shall forthwith, upon their election or
appointment, file a certificate of election or appointment with the
City Clerk-Treasurer. The City Judge, Acting City Judge and City Clerk-Treasurer
shall also take and subscribe the constitutional oath of office before
the Clerk of the County of Orange.
The City Clerk-Treasurer, Deputy City Clerk-Treasurer, Director
of Public Works, Superintendent of Water and such other city officers
as the Common Council may require shall execute and file an official
undertaking before they enter upon the duties of their respective
offices. The amount of said undertaking for each city officer shall
be prescribed by the Common Council. In lieu of individual undertakings
the Common Council may authorize a blanket undertaking for all such
city officers. By omitting to execute and file said bond a city officer
shall be subject to those penalties prescribed by law.
No city officer shall have the authority to make any purchase
on behalf of the city, or contract any debt or liability against the
city, unless authorized to do so pursuant to the provisions of this
Charter or general law. No claim or demand of any kind shall be allowed
or paid unless so authorized. If any officer of the city shall knowingly
vote for any appropriation or for the expenditure of any moneys not
property authorized, such officer shall be subject to those penalties
as provided by the laws of the State of New York. If the Common Council
shall pass any resolution authorizing any improper expenditure of
money for any purpose, each officer voting for such resolution shall
be personally liable for the amount thereof, unless his dissent thereto
is entered upon the minutes of the meeting at which such resolution
was passed. If any officer of the city authorized to make any contract
in his official capacity, or to take part in making any such contract,
becomes voluntarily interested in such contract, he may be proceeded
against under either Article 18 of the General Municipal Law or the
Code of Ethics of the City of Port Jervis.[1] If any person having been an officer of said city, whose
term of office has expired, has not, within five (5) days after notification
and request, delivered to his successor in office all property, papers
and effects of every description in his possession or under his control
belonging to the said city or appertaining to such office, he shall
be liable to a penalty of not more than one thousand dollars ($1,000.),
to be recovered by the city in a civil action, together with all damages
caused by his neglect or refusal, and he may also be proceeded against
as provided in Section 5228 of the Civil Practice Law and Rules, Sections
175.20 and 175.25 of the Penal Law and any other applicable laws now
or hereafter in effect.
[1]
Editor's Note: Former § C3-4, Required surety for competitive
bids, was repealed 3-28-1983 by L.L. No. 5-1983, approved 4-28-1983.
The Mayor of the City of Port Jervis shall be the chief executive
officer thereof. It shall be his duty generally, to maintain the peace,
good order and prosperity of the city; to take care that within the
city the laws of the state and the local laws, ordinances and resolutions
passed by the Common Council of the city are faithfully executed,
and cause to be arrested all persons violating the same. He shall
have power and authority to call out and command the police and firemen
of the city whenever in his discretion he shall deem it necessary,
and such command shall be in all respects obeyed. Whenever necessary
for the prevention or suppression of public disturbances, mobs or
riots, it shall be his duty to take such action as is authorized by
law. It shall be his duty to exercise a constant supervision and control
over the conduct of all city officers, and he shall have power and
authority to examine at all times the books, vouchers and papers of
any officer or employee of said city, and to take and hear testimony
and proofs in relation thereto and to require the attendance of witnesses
to give such testimony and proof as provided by law. It shall be the
duty of the Mayor to communicate to the Common Council during the
month of January in each year, and at such other times as he shall
deem expedient, a general statement of the affairs of the city in
relation to its finances, government and improvement, with such recommendations
as he may deem proper. He may designate, after obtaining prior approval
of the Common Council expressed in the form of a simple resolution,
the place in said city where he shall keep his office.
The City Clerk-Treasurer shall be Clerk of the Common Council
and Collector of Taxes in and for the City of Port Jervis. He shall
devote his time wholly to the duties of his office and shall perform
such duties incident to this office as may be required by the Common
Council. He shall be in attendance at his office each and every business
day in the year during such business hours as shall have been established
by the Common Council. He shall keep or cause to be kept the minutes
of the Common Council and shall record in a book to be provided for
the purpose all proceedings of the Common Council. He shall have the
charge, custody and control of the corporate seal, books, papers,
documents, official oaths of office, official minutes and other files
and records of the city, and shall keep the same properly arranged
for ready reference. He shall keep safe any bond or bonds of city
officials and employees and any other bond running to the city, as
may be prescribed from time to time by the Common Council. He shall
keep up-to-date the Code of the City of Port Jervis, and keep such
other records of ordinances and local laws as are now or may hereafter
be required by law or by the Common Council. He shall, upon request
and upon payment of the fee set by the Common Council therefor, make
certified copies of all public records and documents in his office
or under his control, and may affix the corporate seal of the city
to any such copies. Such seal shall be deemed to be his official seal,
and any such certified copy shall be evidence in any court as provided
by law. He shall be the custodian of all moneys the city shall receive
from any source whatever, and all moneys set apart by this Charter
or by any resolution of the Common Council, or by the provisions of
any general law for any board, commission or officer. He shall also
keep an accurate account of all receipts and expenditures in such
manner and deposit the receipts in such banking institutions as the
Common Council may direct. Except for petty cash, city indebtedness
and mandated payments, no moneys shall be drawn out or paid out of
the city treasury unless authorized by the Common Council and upon
warrants signed by the Mayor or Acting Mayor and the City Clerk-Treasurer
or Deputy City Clerk-Treasurer, which warrants shall specify from
what fund the amount therein named is to be paid. He shall report
to the Common Council quarterly the aggregate amount drawn by him
on each fund during the current fiscal year, and said report shall
also specify the unexpended balance of the several funds; and he shall
also make a report and financial statement of all said accounts whenever
directed by the Mayor or Common Council. He shall, at the first regular
meeting of the Common Council held in February of each year, present
to said Council an annual report which shall include a summary of
all budgeted and actual receipts and disbursements for the preceding
fiscal year and a statement of the current financial condition of
the city. When such annual report shall have been examined and accepted
as correct by the Common Council, it shall be filed and be preserved
as part of the city records. The City Clerk-Treasurer shall have the
power to administer oaths and affirmations and take affidavits within
said city. He shall serve as Collector of Taxes and Assessments and
Registrar of Vital Statistics for the City of Port Jervis and shall
perform such duties and have such powers as are prescribed by law.
The Deputy City Clerk-Treasurer shall perform such duties as
the City Clerk-Treasurer may direct. When the City Clerk-Treasurer
shall be absent from his office or shall be incapable of performing
the duties thereof, or when the office of City Clerk-Treasurer shall
be vacant, the Deputy City Clerk-Treasurer shall possess all the powers
and shall perform all the duties of the City Clerk.
A.
The Corporation Counsel shall be the legal adviser of the Mayor,
Common Council and other city officers, boards and agencies. It shall
be the duty of the Corporation Counsel of said city to prosecute all
civil actions and proceedings by, and to defend all civil actions
and proceedings against, said city and every board, agency or officer
thereof and to discharge all other legal services as the Mayor or
Common Council may direct. It shall also be the duty of the Corporation
Counsel to prosecute all cases of violations of local laws and ordinances
before the City Court or other appropriate court. The Corporation
Counsel shall prosecute or defend all matters as directed by state
law. No action or proceeding shall be commenced by the Corporation
Counsel unless directed by the Common Council.
B.
The Corporation Counsel, when authorized by the Common Council, may
employ counsel to assist him in the conduct of cases or proceedings
in which the city is interested or a party. The Corporation Counsel
shall be entitled, in actions and proceedings in which the city shall
be successful, to receive all costs and allowances which may be collected
from the adverse party, and he shall pay over the City Clerk-Treasurer
all such amounts received, whenever and as soon as such amounts are
collected. The Corporation Counsel shall, whenever he considers that
the best interests of the city will be served, enter into an agreement,
subject to the approval of the Common Council, to compromise and settle
any claim against the city. When approved by the Common Council the
same shall constitute a valid claim against the city. The amount of
any judgment recoverable against the city shall be reported to the
Common Council by the Corporation Counsel immediately after the same
shall have become payable. The Corporation Counsel shall keep a record
of all suits and proceedings under his charge and at the expiration
of his term of office shall deliver such records to his successor
and shall also sign stipulations substituting such successor as attorney
for the city in such suits or proceedings.
C.
In the event it shall be necessary for the Corporation Counsel to
prosecute or defend any appeal from any action or proceeding involving
the City of Port Jervis, he shall be allowed such additional compensation
as may be determined by the Common Council.
D.
The Corporation Counsel shall not appear for or represent a defendant
charged with any violation, misdemeanor or felony in the City Court
of the City of Port Jervis.
E.
The Corporation Counsel may, in his discretion, prosecute offenses
defined in the Vehicle and Traffic Law of the State of New York other
than misdemeanors and felonies with the consent of the Common Council
and the District Attorney of Orange County. The Police Department
shall furnish such assistance as the Corporation Counsel may require
in prosecuting such offenses, and arresting officers may prosecute
in the City Court of Port Jervis in order to assist the Corporation
Counsel.
[Added 7-14-1975 by L.L.
No. 3-1975, approved 7-21-1975]
The Director of Public Works shall, under the direction of the
Mayor, direct the construction, maintenance, alteration, repair, cleaning,
paving, flagging, lighting, snow and ice removal and the improving
of the streets, highways, public sidewalks and places of the city;
direct the construction of new municipal buildings and the alteration
and repairs of existing city buildings; exercise control of the practical
furnishing for use of rooms and the outside areas of public buildings,
including the obtaining of chairs and benches for approved activities
as they may arise; supervise the maintenance, extension, repair and
care of the city watershed and waterworks and the distribution of
potable water to the citizens of the city; direct the maintenance,
extension, repair and care of the municipal sewage system, including
sanitary and surface sewage; direct the collection and disposal of
ash, garbage and refuse and is responsible for the operation of the
sanitary landfill or such other disposal method that may be determined;
formulate all city specifications for local improvement projects or
purchases of authorized apparatus and equipment for the Public Works
Department; issue final certificates of approval to contractors upon
their satisfactory completion of public contracts; supervise the installation
and maintenance of traffic signals and other lighting operations and
programs; purchase and authorize the purchase of all materials and
equipment needed for the operation of the Public Works Department;
investigate and correct the complaints of taxpayers in regard to functions
of the Public Works Department; notify property owners of their responsibility
to eliminate a weed nuisance and/or correct a hazardous tree or branch
condition; forward notices to property owners to alleviate their existent
snow or ice problem on their sidewalks in the public interest; devise
methods and procedures for the efficient operation of the Public Works
Department; prepare an annual budget of funds necessary for the operation
of the Public Works Department; supervise and furnish manpower and
technical assistance to other departments when properly authorized
and requested; inspect city-owned buildings and render a written report
to the Mayor and Common Council with recommendations for major repairs
and/or reconstruction of existing buildings or facilities; render
monthly report of the activities and operations of the Public Works
Department.[1]
[1]
Editor's Note: By resolution adopted 2-13-1979, the Common
Council authorized the Director of Public Works, with the approval
of the Mayor, to hire temporary laborers as required, the term of
employment for any one individual not to extend any further than the
next meeting of the Common Council, provided that the Director of
Public Works not expend funds exceeding the total amount budgeted
for personnel services, except where emergencies exist.
[Added 8-15-1990 by L.L.
No. 13-1990, approved 8-15-1990]
The Assistant Director of Public Works shall assist the Director
of Public Works in such duties and responsibilities as may be delegated
by said Director of Public Works and shall, in the absence or inability
to act of the Director of Public Works, perform all of the general
powers and duties of said Director.
The Superintendent of Water shall have, under the direction
of the Director of Public Works, the supervision, care, management
and control of the Water Department and waterworks system of the city.
It shall be his duty to see that the city has an abundant supply of
pure and wholesome water for public and private use; to devise plans
and sources of water supply; to plan and supervise the construction,
maintenance and extension of the water system and the distribution
of water throughout the city; to protect it from contamination; and
to prescribe rules and regulations for its use, which, when ratified
by the Common Council, shall have the same force and effect as city
ordinances.[1]
It shall be the duty of the Councilman at Large and every Councilman
to attend the regular and special meetings of the Common Council;
to act upon committees when thereunto appointed by the Mayor or Common
Council; to cause to be arrested all persons violating the laws of
this state or local laws, ordinances or resolutions of the city when
such violations are committed in their presence; to report to the
Mayor all subordinate officers who are guilty of any official misconduct
or neglect of duty; to aid in maintaining peace and good order in
the city; and to perform or assist in performing all such duties as
are by this Charter enjoined upon the Councilmen of said city separately
or upon the Common Council thereof.
The Marshals shall be enforcement officers of the City of Port
Jervis and shall possess all the powers and perform all the duties
set forth in the Uniform City Court Act of the State of New York.
The City Assessor shall perform all the duties required of him
by the Real Property Tax Law or any amendment thereto or substitution
thereof.[1]
The powers and duties of all other city officers shall be such
as are hereinafter provided in this Charter, or when not so provided,
as prescribed by existing general laws applicable to such officers.
[Added 1-25-1982 by L.L.
No. 1-1982, approved 2-10-1982]
A.
The Director of Insurance shall, under the direction of the Mayor:
(1)
Maintain all files and records concerning any and all policies of
insurance covering the City of Port Jervis or any of its agencies
or boards or departments.
(2)
Act as liaison and representative of the City of Port Jervis in dealing
with and contacting insurance companies on behalf of the city or any
of its agencies, boards or departments.
(3)
File and process any and all claims on behalf of the city or any
of its agencies, boards or departments.
(4)
Submit and file a monthly report to the Insurance Committee of the
Common Council.
(5)
Undertake a study and analysis each year of all policies covering
the city, its agencies, boards or departments and make recommendations
no later than October 15th of each year of changes required in the
city's insurance coverage.
(6)
If required, prepare specifications for obtaining competitive bids
on the city's insurance coverage.
(7)
Cooperate with the Corporation Counsel's office and any other attorney
representing the city or its agencies, boards or departments in any
matters dealing with insurance coverage.
[1]
Editor's Note: Former § C3-15, General powers and duties
of 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.
