The City Court shall continue as presently established
and have all powers possible for a City Court to now have, or in the
future to have, under the Constitution and Laws of the State of New
York, as fully and completely as though they were enumerated in this
Charter.
No civil action shall be brought or maintained
against the City of Amsterdam for damages or injuries to person or
property sustained in consequence of any street, highway, bridge,
culvert, sidewalk, crosswalk, grating, opening, drain, sewer, municipal
parking lot, City park, recreational facility or equipment, parking
field, beach area, swimming or wading pool or pool equipment, playground
or playground equipment, boat launching ramp or skating rink being
defective, out of repair, unsafe, dangerous or notice of the defective
unsafe, dangerous obstructed condition of such street, highway, bridge,
culvert, sidewalk, crosswalk, grating, opening, drain, sewer, municipal
parking lot, City park, recreational facility or equipment, parking
field, beach area, swimming or wading pool or pool equipment, playground
or playground equipment, boat launching ramp or skating rink, relating
to the particular place, shall have been filed in the City Clerk's
office of the City of Amsterdam, and there was a failure or neglect
to repair, remedy or remove the defect within a reasonable time after
the filing of the written notice.
[1]
Editor's Note: This local law repealed former
§ C127, Claims against the City, and also provided as follows:
"Section Three. LIMITATIONS ON ACTIONS
"Nothing herein contained, however, shall
be held to revive any claim or cause of action now barred by any existing
requirement or statute of limitations nor to waive any existing limitation
now applicable to any claim or cause of action against the City of
Amsterdam."
For any provisional appointment to a position
in the competitive class of the Civil Service, an examination shall
be conducted within 120 days of the appointment and a permanent appointment
shall be made as soon as practicable thereafter from the certified
list of qualified candidates.
Except as otherwise provided by this Charter,
removal and other disciplinary proceedings regarding officers and
employees of the City under Civil service shall be governed by the
Civil Service Law.
All moneys shall be deposited by the Controller
in a bank or banks duly designated by the Common Council as depository
or depositories therefor; except that any funds of the City may be
invested by the Controller in any manner permitted by this Charter
or by law.
A.
Mandatory referendum. When a resolution or ordinance
of the Common Council is subject to a mandatory referendum, it shall
be submitted to a vote of the qualified electors of the City at a
general or special election. The Common Council shall fix a date not
less than 60 days after the adoption of the resolution or ordinance
for submission of the proposition at such general or special election
B.
Permissive referendum.
(1)
When a resolution or ordinance of the Common Council
is subject to permissive referendum, it shall be subject to referendum
on petition or upon the motion of the Common Council. Within 10 days
after the adoption by the Common Council of any resolution or ordinance
which is subject to a permissive referendum, the City Clerk shall
cause a notice to be published at least once in the official newspaper
and in such other newspapers as the Common Council may designate.
Such notice shall set forth the date of the adoption of the resolution
or ordinance and contain an abstract of such resolution or ordinance
stating the purpose and effect thereof and that such resolution or
ordinance is subject to permissive referendum.
(2)
A resolution or ordinance which is subject to permissive
referendum s hall not take effect until 30 days after its adoption;
nor unless it is approved by the affirmative vote of a majority of
the qualified electors of the City voting on a proposition therefor,
if within 30 days after its adoption there be filed with the City
Clerk a petition signed and acknowledged by qualified electors of
the City in number of not less than 10% of the total number of votes
cast for governor in the City at the last gubernatorial election,
requesting that such resolution or ordinance be submitted to the electors
of the City for their approval or disapproval at the next general
election to be held in the City, or at a special election if the Common
Council so determine.
C.
General and special election.
(1)
At a general election such proposition shall be submitted
in the same manner as any other proposition submitted to a vote.
(2)
If a special election is called, the City Clerk shall
publish a notice of such special election, stating the date and purpose
thereof, in the official newspaper at least once in each week during
the two weeks next preceding the date fixed for such election and
shall, at least 10 days prior to the date of such special election,
mail a notice to the inspectors of each election district in the City.
Such inspectors shall thereupon proceed to hold such election at the
time specified in said notice. All provisions of the Election Law
prescribing the duties of inspectors and the conduct of an election
shall, so far as applicable, apply to such special election. Every
qualified elector of the City shall be entitled to vote at such election.
At a special election, a proposition shall be submitted by ballot
containing a brief statement of the purpose of the proposition and
each voter shall indicate his vote by checking or marking a cross
in the space indicated by the word "for" or the word "against". The
inspectors shall, at the place designated, receive the ballots cast
at such election from 12:00 noon until 9:00 p.m. and shall deposit
the same in a suitable ballot box to be provided by the City. The
inspectors shall canvass the votes received immediately after closing
the polls and make a certificate, signed by them or by two of them,
stating the whole number for and the whole number against the proposition
and deliver the same forthwith to the City Clerk. The City Clerk shall
deliver the same to the Common Council at its next meeting, and it
shall cause the result of the election thus certified to be entered
in its minutes.
[Amended by L.L. No. 4-1982, ref. date 11-2-1982]
There shall be a Citizens Review Board consisting
of three residents of the City, each of whom shall be elected at large
at the general election for terms of three years.
A.
The three persons first elected shall hold office
for terms of three years, two years and one year respectively based
on the number of votes received by each at said election with the
person having the greatest plurality receiving the longest term. In
the event of a tie, the persons so elected shall draw lots to determine
which shall serve the longer term. None of the members of the Citizens
Review Board shall be an officer or employee of the City or the County
of Montgomery, and the members shall serve without compensation. The
Board shall annually select a president from their number.
B.
The duties of the Citizens Review Board shall include:
(1)
To determine into all complaints against any elected
or appointed officer or employee of the City of Amsterdam or against
any specific procedure or any agency of City government, providing
that such complaint is made, in writing, to the Chairman over the
notarized signature of the complainant.
(2)
To seek solutions privately, if possible, to problems
alleged by a complaint by encouraging and assisting negotiations between
the parties involved.
(3)
To conduct informal hearings, cases where a complaint
appears to have merit, at which the officer or employee against whom
the complaint is made shall have opportunity to answer the complaint.
(4)
To advise the Mayor or Common Council of any action
the Citizens Review Board recommends in response to any complaint
the Board finds justified.
(5)
To refer to any appropriate law enforcement, administrative
or regulatory body any alleged misfeasance, nonfeasance or malfeasance
by any officer or employee of the City of Amsterdam.
(6)
To conduct investigations of any department, board,
bureau, officer or other agency of the City; and pursuant to such
an investigation to have access to all records and papers kept in
the custody of any department, board, bureau, office or other agency;
to compel the attendance of witnesses and the production of books,
papers or other evidence at any meeting of the Board or of a special
committee thereof, and for that purpose to issue subpoenas signed
by the president. This provision shall not apply to papers, records
and books where the production of the same is otherwise prohibited
by state and federal law.
(7)
May employ legal counsel other than from the Office
of the Corporation Counsel from time to time within any appropriation
of the Common Council therefor.
[Added 5-20-1980 by L.L. No. 4-1980,
ref. date ]
A.
Notwithstanding the provisions of § 23,
Subdivision 2b, of the General City Law, or of any special act, local
law or Charter, real property belonging to the City and/or real property
which is acquired through in rem foreclosures which is not needed
for a public purpose shall be offered for sale at public auction within
six months from the date the City acquires title to the property.
B.
Determination by City of method of disposal of property.
(1)
The City of Amsterdam shall first determine which
properties shall be necessary for municipal or public use or community
betterment, and said properties shall be withheld from public sale,
and such properties may be sold for a proper and fair consideration
by a resolution of the Common Council of the City of Amsterdam, approved
by a vote of a majority plus one, to a nonprofit membership, religious
or fraternal organizations, if in its judgment it determines that
such sale would be in the best interest of the community and it finds
that said property will be used for nonprofit purposes.
(2)
If the Common Council by a majority vote plus one
shall determine that the best interests of the community would be
served by a private sale of a particular parcel which sale would enhance
and further the economic well being of the community, then such property
may be sold at private sale for a proper and fair consideration.
C.
Real property belonging to the City may be sold, transferred,
leased to or exchanged with the State of New York, the United States
Government, any municipal corporation, school district or fire district
at and for such consideration and upon such terms and conditions as
the Common Council may determine in its discretion and without public
bidding.
D.
All remaining properties shall be offered for sale
at public auction within six months from the date of acquisition by
the City.
E.
Such public sale shall be at public auction to the
highest bidder after public notice published at least once each week
for three successive weeks in the official newspaper. The public notice
shall contain a reservation of the right of the Common Council to
reject any and all bids and a description of the property by street
address, tax map or survey map shall be deemed a sufficient description
in such public notice.
F.
In case there are no bidders at the public auction
for any of the real property offered for sale or if there is no sale
or if there is no sale after a bid or if the Council rejects a bid
as insufficient or for any other reason the property is not disposed
of at or after the public auction then the Council may authorize the
property to be sold through private negotiations.
G.
It shall be the duty of the Corporation Counsel of
the City of Amsterdam to recommend to the Council for its approval
and adoption, rules, regulations and guidelines for sale of in rem
property to be sold at public auction.[1]
[1]
Editor's Note: Former Subsection H, regarding
any person having a lien being able to acquire the property by paying
delinquent taxes, which immediately followed this subsection, was
repealed 1-17-2006 by L.L. No. 6-2006.
