A.Â
The elected officers of the City shall be a Mayor
and nine Council members.
B.Â
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.
[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.
A.Â
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.
B.Â
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.
C.Â
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.
A.Â
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]
B.Â
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.
[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:
A.Â
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.
B.Â
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.
C.Â
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.
A.Â
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.
B.Â
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.
[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.
[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.
A.Â
The Mayor shall receive an annual salary of $82,000,
payable in installments at least semimonthly, effective January 1,
2024, and each year thereafter.
B.Â
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.
[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.
A.Â
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.
B.Â
Any elected officer may be removed by the City Council
in accordance with the provisions of state law.
[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.
The City may obtain blanket bonding for City
officers and employees in accordance with Public Officers Law § 11(2).