[Amended by L. 1907, Ch. 653; L. 1911, Ch. 699; L. 1916,
Ch. 200; L. 1922, Ch. 613; L.L. No. 3-1928; L.L. No. 1-1939; L.L. No. 1-1942; L.L. No.
2-1952; L. 1953, Ch. 878, § 180;[1] L.L. No. 2-1991; L.L. No. 2-1997; L.L. No.
2-2007; L.L. No. 2-2018, § 2]
The officers of said city shall consist of one Mayor and one
Alderman-at-Large, both of whom shall be elected by the city at large;
two Aldermen to be elected in each ward; one Corporation Counsel,
up to two Assistant Corporation Counsels, one Commissioner of Public
Works, three Deputy Commissioners of Public Works, one Commissioner
of Assessment and Taxation, one City Clerk, Registrar and Clerk of
the Common Council, one Treasurer; police officers such as may be
appointed and such other officers as are hereinafter or otherwise
duly authorized who shall be appointed as hereinafter or otherwise
duly provided; also one Chief of the Fire Department, and three assistant
chiefs, one secretary and one treasurer of the Fire Department, who
shall be elected as hereinafter provided. All appointments by the
mayor shall be subject to confirmation by the Common Council. It shall
be the duty of the mayor, within thirty days after the first of January
of each year hereafter, to appoint successors to all appointive officers
who are by law required to be then appointed by him. If an appointment
made by the mayor shall not be confirmed by the council, another name
shall be submitted by the mayor at the next regular meeting of the
council thereafter, and this course shall be taken until an appointment
shall have been made and confirmed. All the officers of the City of
Middletown now in office, elective or appointive, shall continue to
remain in office, and discharge the duties thereof, until their successors
are elected or appointed in the manner provided by this act.
[1]
Editor's Note: This section was amended by L.L. No. 3-1981,
which local law was deemed ineffective by L.L. No. 4-1983. Section
I of L.L. No. 4-1983 provided as follows: "The Local Law No. 3 of
1981 is ineffective because it was never put to a mandatory public
referendum. Therefore, any laws it attempted to replace remain intact
and have never been changed."
Public notice of all future elections under this act shall be
given by the mayor and common council, herein authorized to be elected,
by notice to be published at least two weeks before the time of holding
such future elections or in such manner as may be provided by law.
The said wards or such election districts therein as may be
established by the common council of said city, shall constitute the
election districts for all state, general and other elections to be
held therein. And all elections shall be held under and subject to
the general election laws of the state.
[Amended by L. 1911, Ch. 699; L.L. No. 2-1924; L. 1953, Ch. 878, § 181; L.L.
No. 4-1997; repealed by L.L. No.
1-2009]
[Amended by L.L. No. 3-1924; L.L. No. 4-1997; by L.L. No. 2-2010]
All officers so elected shall begin their terms on the first
day of the year following their election and their terms shall expire
on the last day of the last year of the period for which they shall
have been elected.
[Added by public referendum November 1994; amended by L.L. No. 4-1997[1]; by L.L. No. 2-2010]
The term of the Mayor, who shall be elected by the City voters
at large, shall be four years. The term of the Alderman at Large,
who shall be elected by the City voters at large, shall be four years.
There shall be two Aldermen from each ward, who shall be elected by
the voters of such ward, and the terms of each Alderman shall be two
years.
[1]
Editor's Note: No information concerning the time of repeal
of this section has been provided.
[Amended by L.L. No. 4-1957, § 2]
Every person elected to any office, before entering on the same,
shall take the oath of office prescribed by the Constitution of this
State, before the Mayor or other officer authorized to take affidavits
to be read in courts of justice, and file the same with the City Clerk,
except that the Mayor, City Judge whose oaths shall also be filed
with the Clerk of Orange County, and every person so elected who shall
refuse or neglect to take and file the said oath of office for ten
(10) days after personal notice in writing of his election shall be
deemed to have declined the office.
[Amended by L. 1911, Ch. 699; L. 1916, Ch. 200; L.L. No. 7-1939; L.L. No. 1-1951; L. 1953, Ch. 878, § 182; L.L.
No. 1-1960; L.L. No. 1-1996; L.L. No. 1-2001; L.L. No. 2-2004; L.L. No.
2-2007; L.L. No. 2-2021; L.L. No. 5-2022; L.L. No. 6-2022]
All officers elected or appointed under this Charter, except
Mayor, Aldermen, City Judge, Chief of Police, Corporation Counsel,
Commissioner of Public Works, Deputy Commissioners of Public Works,
Commissioner of Assessment and Taxation, City Clerk, Registrar and
Clerk of the Common Council, Treasurer, Deputy Treasurer, Members
of the Board of Health and Civil Service employees, shall hold offices
for one (1) year, and until their successors shall qualify.
[Repealed by L. 1922, Ch. 613]
[Amended by L. 1911, Ch. 699; L. 1922, Ch. 613; L.L. No. 3-1927; L.L. No. 2-1991; L.L. No. No. 1-1993]
An election shall be held every three (3) years in such manner
as the Common Council shall designate, for the election of a Chief
and three (3) Assistants of the Fire Department, who shall respectively
hold their offices for the term of three (3) years, and until their
successors are chosen and confirmed. All persons duly enrolled as
members of the engine, hook and ladder and hose companies of said
city, who shall not have resigned, been removed or suspended, and
no others, shall be entitled to vote at such elections. The Common
Council shall provide the place of holding, the manner of conducting,
returning the votes cast, and confirming the officers elected at all
future elections for Chief Engineer and Assistants.
[Amended by L. 1911, Ch. 699; L. 1916, Ch. 200; L. 1922,
Ch. 613; L.L. No. 5-1939; L.L. No. 2-1942; L. 1953, Ch. 878, § 183; L.L. No. 1-1986]
All Department Heads appointed by the Mayor shall reside in
Orange County and every person elected to the Office of Mayor, Alderman-at-Large
and Alderman shall be a resident of the City of Middletown for at
least one (1) year preceding his election and additionally, every
person elected as an Alderman shall have been a resident of the Ward
from which he is elected for at least one (1) year preceding his election,
and if any Alderman shall no longer reside in the Ward he represents,
his office will be declared vacant and if the Mayor or Alderman-at-Large
no longer resides in the City of Middletown, the office will be considered
vacant from the time of removal.
[Added by L.L. No. 2-1969; amended by L.L. No. 1-1984; L.L. No. 5-1990]
Every Employee of the City of Middletown, New York shall reside
without exception in the State of New York and either reside within
the County of Orange or within a radius of twenty-five (25) miles
from the border of the City of Middletown within the State of New
York and if such employee shall remove from these required areas during
his employment he shall be deemed to have resigned his position and
employment with the City of Middletown from the time of such removal.
[Amended by L. 1911, Ch. 699; L. 1922, Ch. 613; [1] L.L. No. 2-2007]
The Common Council shall fix the amount of the bond to be furnished
by the Treasurer, and for said Treasurer as collector of taxes and
assessments, and as collector of water rents, and the said bonds shall
be furnished by some surety company to be approved by the Mayor and
the premium on said bonds shall be paid from the funds in the city
treasury; and in case of any breach of the conditions of said bonds,
suit may be maintained thereon by the said city of Middletown.
[1]
Editor's Note: This section was amended by L.L. No. 3-1981,
which local law was deemed ineffective by L.L. No. 4-1983. Section
I of L.L. No. 4-1983 provided as follows: "The Local Law No. 3 of
1981 is ineffective because it was never put to a mandatory public
referendum. Therefore, any laws it attempted to replace remain intact
and have never been changed."
[Amended by L. 1922, Ch. 613; [1] L.L. No. 2-2007]
Such Treasurer and his or her sureties shall also be liable
to the same proceedings, to enforce the payment of money collected
by virtue of any warrant issued by the County of Orange, as are provided
by law in respect to town collectors and their sureties.
[1]
Editor's Note: This section was amended by L.L. No. 3-1981,
which local law was deemed ineffective by L.L. No. 4-1983. Section
I of L.L. No. 4-1983 provided as follows: "The Local Law No. 3 of
1981 is ineffective because it was never put to a mandatory public
referendum. Therefore, any laws it attempted to replace remain intact
and have never been changed."
[Amended by L. 1911, Ch. 699; L. 1922, Ch. 613; L.L. No. 2-2007]
Such other officers as may be required thereto, by the Common
Council, shall severally, before entering upon their offices, execute
and file with the City Clerk, except the Treasurer whose bond shall
be filed with the clerk of Orange County, a bond to the city of Middletown,
in such sum as the Council shall direct, and with such sureties as
the Mayor shall approve, conditioned that they will faithfully discharge
the duties of their respective offices, and pay over all moneys received
by them respectively, and furnish such additional security as the
Common Council may require.
[Amended by L. 1922, Ch. 613]
If any officer who shall be required, by any of the provisions
of this act, or by any ordinance of the common council, to execute
any bond before or after entering upon the duties of his office, shall
fail to execute and file the same in the manner prescribed by this
act or by any such ordinance, within ten days after he shall have
been duly notified to do so, the common council may declare his office
vacant, and proceed to cause the same to be filled in the manner provided
in this act in case of vacancy in office.
[Repealed by L.L. 1942, No. 7]
[Amended by L. 1904, Ch. 560; L. 1911, Ch. 699; L. 1916,
Ch. 200; L. 1922, Ch. 613; L.L. No. 1-1942; L.L. No. 2-1952; L.L. No. 1-1958; [1] L.L. No. 2-1997; L.L. No. 2-2007; L.L. No.
2-2018, § 3; L.L. No.
5-2022]
The Mayor shall appoint the Corporation Counsel, up to two Assistant
Corporation Counsels, one Commissioner of Public Works, three Deputy
Commissioners of Public Works, one Commissioner of Assessment and
Taxation, one City Clerk, Registrar and Clerk of the Common Council,
one Treasurer, one Deputy Treasurer, and all other officers whose
appointment is not otherwise provided for. The Common Council or a
majority thereof shall appoint a Clerk of the Common Council. A person
otherwise qualified, who is a member of the Common Council at the
time the vacancy occurs, may be appointed to fill the vacancy provided
that he shall have resigned prior to said appointment.
[1]
Editor's Note: This section was amended by L.L. No. 3-1981,
which local law was deemed ineffective by L.L. No. 4-1983. Section
I of L.L. No. 4-1983 provided as follows: "The Local Law No. 3 of
1981 is ineffective because it was never put to a mandatory public
referendum. Therefore, any laws it attempted to replace remain intact
and have never been changed."
[Amended by L. 1911, Ch. 699; L. 1922, Ch. 613; L.L. No. 3-1944; L.L. No. 1-1988; L.L. No. 2-1991]
If a vacancy shall occur in any office of Alderman, the Mayor
shall appoint with the approval of the Common Council, a resident
of the City of Middletown to fill such vacancy. If the vacancy is
in the office of Alderman, elected only by a Ward, the appointment
shall be to a person who resides in that Ward.
The appointment shall expire at the commencement of the political
year next succeeding the first annual election after the happening
of the vacancy.
It shall be the duty of the Mayor to appoint said person within
thirty (30) days of the vacancy. If said appointment made by the Mayor
shall not be confirmed by the Council, another name shall be submitted
by the Mayor at the next regular meeting of the Council thereafter,
and this course shall be taken until an appointment shall have been
made and confirmed.
Any person elected at this next succeeding annual election shall
fill the vacancy for any remaining term of office.
In case of a vacancy in the office of chief engineer, first
assistant chief engineer, second assistant chief engineer or third
assistant chief engineer of the fire department by reasons of death,
resignation or otherwise, the said vacancy shall be filled by appointment
by the Mayor and any person so appointed to fill a vacancy shall hold
his office until the next regular election for chief engineer and
assistant chief engineer.
Any vacancy occurring in any appointive office shall be filled
by the body of official making the original appointment.
[Added by L.L. No. 9-1942; amended by L.L. No. 2-1946; L.L. No. 2-1951; L.L. No.
5-1958; L.L. No. 1-1976; L.L. No. 3-1976; repealed
by L.L. No. 1-2009]
[Added by L.L. No. 3-1947; amended by L.L. No. 5-1949; L.L. No. 1-1996; L.L. No.
2-2007]
The offices of the Mayor, the City Clerk, Registrar and Clerk
of the Common Council, the Treasurer, the Commissioner of Assessment
and Taxation, the Corporation Counsel and the Commissioner of Public
Works, shall be closed for public business on the holidays designated
in the general construction law of the state of New York, and on Saturdays
which are to be construed as holidays only for the purpose of paying
taxes, water rents, assessments, fees, licenses and other money due
to the city of Middletown, New York, and for the purpose of filing
chattel mortgages, conditional sales contract records and other papers
as may be required by law, in the City Clerk's office, all of which
may be performed or made on the next business day succeeding such
holiday or Saturday. The department heads of any of the above offices
may grant time off on the aforesaid holidays and Saturdays to any
of their employees provided that in their discretion the services
of such employees can be dispensed with and no expense is incurred
for the employment of substitute personnel or otherwise.
[Added by L.L. No. 3-1961; repealed by L.L. No. 1-2009]
[Added by L.L. No. 3-1963; repealed by L.L. No. 5-1973]
