A.
Composition. There shall be a City Council of six (6) members and
a Mayor. The term "Council" or "City Council" shall include the Mayor
unless said Mayor is excluded by express provision therefrom or by
operation of law. Two (2) of the Council members will be elected at-large,
and the remaining four (4) Council members will be elected from wards,
the boundaries and dimensions of which shall be determined by the
City Council, in conformity with constitutional requirements and the
requirements of the Laws of the State of New York.
B.
Eligibility. Only qualified voters of the city shall be eligible
to hold the office of Council members and Mayor. Any such elected
officer of the city shall vacate the office upon removal of his/her
domicile from the city and shall be disqualified from holding such
office.
C.
Qualifications. Every elected or appointed city officer shall possess
the qualifications prescribed by the Public Officers Law of the State
of New York, except as otherwise provided in this Charter.
D.
Election and terms.
(1)
The Mayor shall be elected for a term of four (4) years.
(2)
The Council members shall be elected for a term of two (2) years.
(3)
Four (4) Council members shall each represent one (1) of the four
(4) wards of the city, and a Council member representing such ward
shall be domiciled and a qualified voter therein.
The salary for each of the six (6) Council members shall be
nine thousand dollars ($9,000) per annum, and for the Mayor twenty-five
thousand dollars ($25,000) per annum. Council members and the Mayor
shall receive their actual and necessary expenses incurred in the
performance of their duties of office. In addition, the Council members
and the Mayor shall have the option of receiving individual health
insurance coverage benefits, through the City of Beacon's health
insurance plan, such insurance policy type shall be determined by
the Director of Finance. The Mayor or a Council member who elects
not to receive health insurance coverage shall be provided a cash
payment of $2,500. Once the Mayor or Council member elects not to
receive the health insurance, such election must be for the full calendar
year, unless the Mayor or Council Member is no longer covered by the
health insurance from the other source. In such case, the Mayor or
the Council member will receive a pro-rated cash payment. The City's
contribution toward the premium cost of providing individual coverage
shall be at the same percentage contribution rates as is provided
to the City's department heads with the balance being paid for
by the Council member or the Mayor who elected such health insurance
coverage. Council members and the Mayor may secure family coverage
through the City's insurance plan but such person is responsible
for any such cost above the individual coverage cost. This shall take
effect on January 1, 2018 with respect to Council members and the
Mayor.
The Mayor shall preside at meetings of the Council and shall
be recognized as chief executive officer of the city government. The
Mayor shall appoint the Council Secretary. The Mayor, with the consent
of a majority vote of the Council, shall appoint all members to, and
fill all vacancies on, all boards, commissions and similar bodies
created and authorized by state law or this Charter. The Mayor may
appoint, from time to time, such nonsalaried advisory committees as
may be necessary to make nonbinding recommendations as to those matters
which they are assigned to review.
A.
Holding other office. Except where authorized by law, no Council
member shall hold any other city office or employment during the term
for which elected to the Council; and no former Council member shall
hold any compensated appointive city office or employment until one
(1) year after the expiration of the term for which elected to the
Council.
B.
Appointments and removals. Neither the Council nor any of its members,
with the exception of the Mayor, shall in any manner dictate the appointment
or removal of any city administrative officers or employees whom the
Mayor or any subordinates are empowered to appoint, but the Council
may express its views and fully and freely discuss with the Mayor
anything pertaining to appointment and removal of such officers and
employees.
A.
Creation of vacancies. A vacancy in an elective office shall exist
when the person elected fails to qualify for the office within thirty
(30) days thereafter, dies, resigns, ceases to be domiciled in the
city and/or ward from which elected, is determined to be either mentally
or physically incompetent to perform the duties for which that person
was elected or is convicted of a felony or a crime involving a violation
of oath of office or when a judgment of a court declares the election
void, the office forfeited or vacant or when the person fails or refuses
to file the official oath or undertaking as prescribed by law.
B.
Procedures. If a vacancy shall occur in any elective office of the city (with the exception of Mayor), otherwise than by expiration of term, the Mayor, with the consent of the majority of the City Council, shall appoint a duly qualified person to fill such vacancy until a successor is chosen in accordance with the Public Officers Law. If a vacancy in an elective office is not filled by the Mayor with Council approval within forty-five (45) days of its occurrence, the Council shall have the power to fill such vacancy by four (4) affirmative votes of the Council. In the event that no appointment is made to fill the vacancy as hereinbefore provided, the Council may call a special election to fill such vacancy for the unexpired term. Such a special election shall be held no later than ninety (90) days from the occurrence of the vacancy. If the vacancy shall occur in the office of Mayor, the City Council, by a majority vote of its members, shall appoint a duly qualified person to fill such vacancy until a successor is chosen in accordance with the provisions of the Public Officers Law. in the event that no appointment is made to fill the vacancy in the office of Mayor within forty-five (45) days of its occurrence, the Council may call a special election to fill such vacancy for the remainder of the unexpired term. Such a special election shall be held no later than ninety (90) days from the occurrence of the vacancy. During the interim, the person so appointed as Mayor pursuant to Chapter 23 of the Code of Ordinances shall perform the duties of Mayor until the vacancy is filled as hereinabove provided and shall assume the additional compensation for Mayor while assuming those duties.
C.
In the event there is a conflict with the language contained in either Chapter 19 or Chapter 23 of the Code of Ordinances, the terms of this section shall supersede the provisions in Chapters 19 and 23 of the Code of Ordinances entitled "Continuity of Government" and "Disaster Preparedness Committee," respectively.
The Council shall be the judge of the election and qualifications
of its members and of the grounds for forfeiture of and removal from
their office and for that purpose shall have power to subpoena witnesses,
administer oaths and require the production of evidence. A member
charged with conduct constituting grounds for forfeiture of office
other than those grounds causing an immediate vacancy, by operation
of state law, shall be entitled to a public hearing on demand, after
seven (7) days' written notice. Notice of such hearing shall
be published in one (1) or more newspapers of general circulation
in the city at least one (1) week in advance of the hearing. Decisions
made by the Council under this section shall be subject to review
by the courts. In determining the qualifications of its members, the
Council shall use the standards set forth in the Public Officers Law
and General Municipal Law, and such additional standards as may be
enacted by Charter amendment or local law, provided that the same
are not inconsistent with the Public Officers Law or General Municipal
Law.
The Council shall have access to all information concerning
any aspect of the affairs of the city, and may request such information
in writing. The Council shall also have the power to make formal investigations
into any aspect of the affairs of the city, and for such purpose may
subpoena witnesses, administer oaths, take testimony and require the
production of evidence. Any person who fails to obey any subpoena
or lawful directive of the Council pursuant to this section shall
be punished as provided by law for contempt.
The Council shall obtain an independent audit of all financial
accounts at least once annually. Such audits must be conducted by
a certified public accountant who has no direct personal interest
in the financial affairs of the city government or any of its officials.
The annual audit must be reported to the Council and the public no
later than June 30 of each year.
A.
Meetings. The Council shall meet regularly twice in every month at
such times and places as the Council may prescribe by rule. The Mayor's
office shall prepare and make public a written agenda the Friday before
each regular Council meeting. Special meetings may be held on the
call of the Mayor or of four (4) or more members, and whenever practicable,
upon no less than twenty-four (24) hours' written notice to each
member. All meetings shall be public; however, the Council may recess
for the purpose of discussing, in a closed or executive session, those
topics or items for which the Public Officers Law allows a closed
session. The general subject matter for consideration must be expressed
in the motion calling for such closed session. Final action thereon
shall not be taken by the Council until the matter is placed on the
agenda.
B.
Rules and journal. The Council shall determine its own rules and
order of business and shall provide for keeping of a full and accurate
journal of its proceedings and communications, which shall be a public
record. They shall provide for public comments at all meetings.
C.
Workshops. In order to prepare for regular meetings, the Council
may meet in informal public workshops. Workshop meetings shall be
subject to the same requirements as regular meetings with respect
to notice, public attendance, advance public agenda, and public record.
No formal legislative decision may take place at a workshop. Any Council
member may request the Mayor add an item to the workshop agenda and
if not added to the Agenda, a Council member may at the next workshop
meeting request that the item be added to the end of the Agenda upon
approval of a majority of the Council. Any Council member may refer
to workshop any item of business that has not been previously reviewed
in workshop and/or any item of business discussed at a regular meeting
which requires further discussion.
D.
A majority of the whole number of the Council, including vacancies,
abstentions and any members disqualified, shall constitute a quorum,
and the same number shall be necessary to perform and exercise any
power, authority or duty of the Council.
E.
Official newspaper. The Council shall designate on an annual basis
an official newspaper or newspapers, which may be a daily or weekly
newspaper of general circulation in the City of Beacon.
The Council shall have the power to enact ordinances for any
lawful purpose, within its powers, as provided and authorized by § 20
of the General City Law or any other statute of the State of New York.
The Council may enact local laws, for any purpose authorized under
the laws of the State of New York, pursuant to the procedures set
forth by the laws of the State of New York for such enactments.
All proposed ordinances must be presented, in writing, by the Council at least one (1) meeting before adoption, except for emergency ordinances as provided in Section 2.12. All ordinances, resolutions and charter amendments adopted by the Council shall be recorded in the journal.
No franchise or renewal thereof shall be granted except upon
a public hearing, a notice of which shall be published at least three
(3) weeks before the date set for the hearing. The request for such
franchise or renewal shall be on file with the City Clerk for public
inspection for the three (3) weeks prior to the date of the hearing.
To meet a public emergency affecting life, health, property
or the public peace, the Council may adopt one (1) or more emergency
ordinances, but such ordinances may not levy taxes, grant, renew or
extend a franchise, regulate the rate charged by any public utility
for its services or authorize the borrowing of money. An emergency
ordinance shall be introduced in the form and manner prescribed for
ordinances generally, except that it shall be plainly designated as
an emergency ordinance and shall contain, after the enacting emergency
clause, a declaration stating that an emergency exists and describing
it in clear and specific terms. An emergency ordinance may be adopted
with or without amendment or rejected at the meeting at which it is
introduced, but the affirmative vote of at least five (5) Council
members shall be required for adoption. After its adoption the ordinance
shall be published and printed as prescribed for other adopted ordinances.
It shall become effective upon adoption or at such later time as it
may specify. Every emergency ordinance shall automatically stand repealed
as of the 61st day following the date on which it was adopted, but
this shall not prevent reenactment of the ordinance in the manner
specified in this section if the emergency still exists. An emergency
ordinance may also be repealed by adoption of a repealing ordinance
in the same manner specified in this section for adoption of emergency
ordinances.
The Council shall cause the entire text of every ordinance and
of every resolution having the effect of law to be printed in full
in the minutes of the meeting at which they are introduced and adopted.
The full text of the ordinances, resolutions and charter amendments
shall be published on the City website and made available to the public,
free of charge, from the City Clerk.
