City of Jamestown, NY Officers

If a vacancy, as defined by the New York State Public Officers Law, occurs in an elected office of the City of Jamestown, the City Council shall select, 60 days after such vacancy occurs, by a majority vote of its membership, a person to serve until the next General Election scheduled not less than 60 days after such vacancy occurs. The person appointed to fill such vacancy shall be a member of the same political party as the person who vacated the office.

§ C-6 Appointed officers.

[Amended 2-10-2006 by L.L. No. 2-2006; 4-28-2008 by L.L. No. 1-2008; 8-28-2017 by L.L. No. 1-2017; 11-25-2019 by L.L. No. 1-2020]

The appointed officers of the City shall include a City Clerk/Treasurer, Comptroller, Corporation Counsel/Director of Human Resources, Director of Public Works/Director of Parks, Recreation and Conservation, the General Manager of the Board of Public Utilities and Chief of Police/Director of Public Safety.

§ C-7 Elections.

Time of City elections. The election of the Mayor shall be held on the first Tuesday after the first Monday in November in the year 1995 and on the same day each fourth year thereafter. The election of all other elective officers of the City shall be held on the first Tuesday after the first Monday in November in the year 1995 and on the same day each odd-numbered year thereafter. The election of the Mayor and the members of the City Council shall be conducted under the Election Law of the State of New York. Every inhabitant of the City who shall, at the time and place of offering his/her vote, be qualified to vote for a member of the Assembly and shall be then and there entitled to vote for all officers elected by the City at large and for all ward officers to be elected by his or her ward.

Nomination of candidates. All candidates for elected offices of this City, including Judge of the City Court of Jamestown, shall be nominated by party primary or independent nomination in conformity with the Election Law of the State of New York.

Election of officers. The election of the elected officers of this City shall be conducted in conformity with the Election Law of the State of New York.

§ C-8 Appointment procedures.

Method of appointment. Except as specifically provided elsewhere in this Charter or in the City Code for a specific officer or position, the appointed officers of the City shall be nominated by the Mayor and confirmed by a majority of all members of the City Council. At the first regular or special meeting of the City Council held during the month of January in the year 1996 or at a subsequent regular meeting as soon thereafter as may be and on the same day during each fourth year thereafter or at a subsequent regular meeting as soon thereafter as may be, the Mayor shall nominate such of the appointed officers and employees specified herein whose terms have expired. A certificate signed by the Mayor of every appointment to office shall be made and filed with the City Clerk/Treasurer. In case the City Council neglects or refuses to confirm any nomination made by the Mayor or by any officer or board at the meeting at which it was made or at the next regular meeting, such Mayor, officer or board shall, at the next regular meeting subsequent to such final neglect or refusal to confirm, nominate some other person and shall continue to do so at successive meetings until the nomination last made shall be confirmed. If the Mayor or other officer or board shall for two consecutive regular meetings of the City Council fail or refuse to make any nomination provided by this Charter, the City Council shall proceed to nominate and elect said person by a 2/3 vote of all the members of the Council.

[Amended 2-10-2006 by L.L. No. 2-2006; 4-28-2008 by L.L. No. 1-2008; 8-28-2017 by L.L. No. 1-2017; 11-25-2019 by L.L. No. 1-2020]

The appointing power. Except as otherwise provided herein, all other officers, boards and the like shall be appointed by the Mayor and confirmed by the City Council.

§ C-9 Terms of office.

[Amended 2-10-2006 by L.L. No. 1-2006]

The terms of office of the various elected and appointed officers of the City shall be as follows:

The term of office of the Mayor and all appointed officers of the City specified in § C-6 of the Charter, except the Chief of Police/Director of Public Safety, shall begin on the first day of January in the year 1996 and shall continue for successive terms of four years each from that date. The term of office for the members of the City Council shall begin on the first day of January in the year 1996 and shall continue for successive terms of two years each from that date.

The term of office of the Chief of Police/Director of Public Safety shall begin on the first day of January in the year 2006 and shall continue for successive terms of four years each from that date.

All elected and appointed officers and employees for whom a term of office is specified by the provisions of this Charter shall continue in office until their several successors are duly elected, appointed, employed and qualified, as the case may be.

§ C-10 Qualification of officers.

No person shall be elected to any City office unless he or she is a resident of said City or to any district or ward office unless he or she is a resident of the district or ward for which he or she is elected; and when any elected City officer shall cease to be a resident of the City or any district or ward officer shall cease to be a resident of the district or ward for which he or she was elected, his or her office shall thereby become vacant.

No person shall be appointed to any City office unless he or she is a resident of the City or to any district or ward office unless he or she is a resident of the district or ward for which he or she is appointed. Exceptions shall be made subject to the provisions of the Municipal Home Rule Law. When any appointed officer shall cease to be a resident of the City of Jamestown or whenever any appointed ward or district officer shall cease to be a resident of the ward or district for which he or she was appointed, his or her office shall become vacant.

§ C-11 Oath and bond.

[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017 by L.L. No. 1-2017; 11-25-2019 by L.L. No. 1-2020]

The City Clerk/Treasurer, within 24 hours after the certificate of election or appointment hereinbefore mentioned shall have been filed with him or her, shall notify, in writing, either personally or by mail, every person so certified to have been elected or appointed of his or her election or appointment, as the case may be. Every person elected or appointed to office in said City shall, before performing any of his or her duties, take the oath of office prescribed by the Constitution of this state. All such oaths, except that of the Mayor, which shall be filed with the Clerk of Chautauqua County, shall be filed with the City Clerk/Treasurer. If any person elected or appointed to office in said City shall not within five days after being so notified of his or her election or appointment take such oath of office and give the security required of him or her by this Charter or by law or lawfully required of him or her by the City Council, the City Council may treat such omission as a refusal to serve and may declare vacant the office to which he or she was elected or appointed.

§ C-12 Salaries.

[Amended 2-10-2006 by L.L. No. 2-2006; 4-30-2007 by L.L. No. 2-2007; 8-28-2017 by L.L. No. 1-2017; 11-25-2019 by L.L. No. 1-2020; 4-24-2023 by L.L. No. 1-2023]

Effective January 1, 2006, and every four years thereafter, the Mayor and City Council shall appoint a Salary Review Commission to review and recommend the salaries of all elected officials. The Commission shall be comprised of six voting members, three of which shall be designated by the City Council and three by the Mayor. The Director of Human Resources, the City Clerk/Treasurer and the Comptroller shall be ex officio members. In the event of a tie vote, the Comptroller shall be authorized to cast the deciding vote. The Commission shall recommend to the Mayor and the City Council salary adjustments for elected offices at least one year prior to the general election in which that office is scheduled to be filled.

The Mayor shall receive an annual salary of $82,000, payable in installments at least semimonthly, effective January 1, 2024, and each year thereafter.

Each member of the City Council shall receive an annual salary of $7,000, except for the President of the City Council whom shall receive an annual salary of $8,000. All salaries are payable in installments at least semimonthly, effective January 1, 2024, and each year thereafter.

§ C-13 Disposition of fees paid to officers.

[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017 by L.L. No. 1-2017; 11-25-2019 by L.L. No. 1-2020]

All fees received by any paid officer of the City shall be forthwith paid over to the City Clerk/Treasurer and become the property of the City.

§ C-14 Removal, suspension or termination of appointed City officers.

Except as otherwise provided by this Charter, state law, or personnel rules, the Mayor shall have the power to remove, suspend or terminate any appointed City officer subject to approval by a majority vote of the City Council.

Any elected officer may be removed by the City Council in accordance with the provisions of state law.

§ C-15 Resignation of officer.

[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017 by L.L. No. 1-2017; 11-25-2019 by L.L. No. 1-2020]

The resignation of any officer shall be made, in writing, to the Mayor and City Council and be filed with the City Clerk/Treasurer.

§ C-16 Blanket bonding.

The City may obtain blanket bonding for City officers and employees in accordance with Public Officers Law § 11(2).