[Adopted 7-18-1983 by L.L. No. 2-1983 as
Ch. I, Art. II, Div. 21, of the 1983 Code]
The Common Council hereby finds and declares,
as a matter of legislative determination that it is in the best interests
of the City of Albany that an officer thereof be authorized and empowered
to conduct investigations and inquiries into matters of concern to
the City or its inhabitants, and to require and enforce by subpoena
the attendance of witnesses and the production of books, records and
papers at any such investigations and inquiries. This article is declared
to be a measure designed to protect and safeguard, in the public interest,
the property, affairs and government of the City.
The Corporation Counsel is hereby authorized
and empowered to inquire into and investigate matters of concern to
the City or its inhabitants which affect, relate to or touch the property,
affairs or government of the City and the several departments thereof
and the transaction of its business.
The Corporation Counsel is empowered to subpoena
witnesses, compel their attendance, administer oaths or affirmations,
examine them under oath before him in public or private hearings,
receive evidence, require the production of books, records, information,
data and papers, and preside at and conduct any such study or investigation.
If any person subpoenaed to attend any such
investigation or inquiry fails to obey the command of a subpoena or
refuses to be sworn or to be examined or to answer questions or produce
any books, records, information, data and papers, or obstructs or
hinders any such investigation or inquiry, he shall be guilty of a
misdemeanor and he shall be subject to the penalty for misdemeanors
as prescribed in the Penal Law of the State of New York.
It shall be the duty of all public officers
and employees and all other persons to render and furnish to the Corporation
Counsel all information and assistance in their possession.
The Corporation Counsel shall, whenever he considers
that the interests of the City will be subserved thereby, enter into
an agreement in writing, subject to the approval of the Board of Estimate
and Apportionment, to compromise and settle any claim against the
City, which agreement shall constitute a valid obligation against
the City; and the amount therein provided to be paid shall, with interest
thereon from its date, be paid the same in all respects as a judgment
against the City.
The amount of any judgment recovered against
the City and payable by it, remaining unpaid, with the interest due
thereon, in case the time to appeal therefrom has expired and no appeal
has been taken, or a certificate of no appeal therefrom has been given
by the Corporation Counsel, or in case such judgment is finally affirmed,
or an appeal taken and the execution thereon shall not be stayed,
shall be reported to the Common Council immediately after the same
shall have become payable, as aforesaid. Until the moneys applicable
to the payment of a judgment have been raised and paid into the City
treasury and payment of the judgment has been refused, no execution
shall issue against the City.
