The legislative power of the City is vested
in the Common Council thereof, and it has authority to enact resolutions,
ordinances, and local laws, not inconsistent with law, for the government
of the City and the management of its business.
Any other provisions of this Charter notwithstanding,
the Common Council may by ordinance without petition therefor or consent
thereto provide for the making of any street improvement. The cost
of any such street improvement shall be borne by the City at large
out of funds provided by the annual budget or by sale of improvement
bonds, and no special assessment may be levied against any property
for any street improvement. The word "street improvement," as used
herein, shall be deemed to refer to any one of the following: the
laying out, opening, constructing, reconstructing, extending, widening,
altering, straightening, altering of grade, grading, regrading, paving,
repaving, surfacing, resurfacing, narrowing and discontinuing of public
streets; and the construction, reconstruction and alteration of drains,
gutters, crosswalks, sidewalks and curbs in or abutting public streets.
[Amended 8-24-2021 by L.L. No. 1-2021]
The Council members of the City shall constitute
the Common Council. The members of the Common Council elected under
the provisions of this Charter shall meet in the rooms provided for
the purpose at 7:00 p.m. on the first business day of each year to
organize. They shall elect a President and Vice President from their
number. The President of the Common Council shall preside over all
regular meetings and special sessions of the Council in the absence
of the Mayor and have a voice and vote therein. In the absence of
the President, the Vice President shall act, in all matters, in the
President's stead. The Mayor shall preside at any meeting of the Common
Council and shall have the casting vote in case of a tie vote except
for any organizational matters, including vacancies of the Common
Council. The President of the Common Council shall appoint all standing
committees of the Council as the President deems necessary. The Common
Council may, in the event that the President and the Vice President
are both absent or unable to serve at any regular meeting, elect one
of its members President pro tempore to act at that meeting.
[Amended 1-24-2017 by L.L. No. 1-2017; 9-28-2021 by L.L. No. 2-2022]
The Common Council shall choose a Clerk to hold
office during the term for which its members are elected, unless sooner
removed by a vote of at least four members of the Common Council,
and who shall serve until such time as a successor is appointed. The
appointee must be a resident of the City, and if that appointee ceases
to be a resident of the City, then that office shall be considered
vacant. The appointee shall be the City Clerk and shall attend the
meetings of the Common Council, keep a journal of its proceedings
and discharge such other duties as may be prescribed by law or ordinance.
In case of the absence or disability of the City Clerk or a vacancy
in the office, the Common Council may appoint a Deputy City Clerk,
who shall discharge the duties of the office until the City Clerk
returns, the City Clerk's disability ceases or the vacancy is filled.
It shall be the duty of said Clerk to transmit to the head of each
department and to the clerk of each board copies of all ordinances
in any manner affecting any of the matters of which any such department
or board shall have jurisdiction. The Clerk shall have the custody
of the City Seal. Said Clerk and Deputy Clerk shall each be ex officio
a Commissioner of Deeds.
[Amended 8-24-2021 by L.L. No. 1-2021]
The Common Council shall hold regular meetings
at times to be determined by it from time to time. The Mayor, the
President of the Common Council or a majority of its members may call
a special meeting of the Common Council by causing a written notice
thereof, specifying the objects of the meeting, to be served by the
City Clerk upon each member personally, by email or by first-class
mail, directed to the member's place of residence, at least six hours
before the time fixed for such meeting. Notice of all special meetings
shall, at a minimum, be posted on the City's website, through email
distribution to the City distribution list, and at a prominent location
at the main entrance of City Hall.
[Amended 9-28-2021 by L.L. No. 2-2022]
A.
The Common Council shall determine the rules of its
own proceedings and be the judge of the election, returns and qualifications
of its members. Its meetings shall be public and its records open
to public inspection, and a majority of all its members shall constitute
a quorum to do business. The Common Council may compel the attendance
of absent members at any meeting properly called and may punish or
expel a member for disruptive conduct, for a violation of its rules
or for official misconduct or declare the member's seat vacant by
reason of absence, provided that such absence has continued for the
space of two months; but no expulsion shall take place and no vacancy
on account of absence be declared except by the vote of at least four
members of the Common Council nor until the delinquent member has
had an opportunity to be heard in the member's defense. All appointment
or designations made by the Common Council shall be determined upon
a vote taken by a roll call of its members, and a statement of the
choice of each member or the yeas and nays, if any, shall be entered
upon the journal.
B.
In the event that the President and/or Vice President
shall be absent for the space of two consecutive months of regular
meetings, the Council may, at a regularly scheduled meeting by the
vote of at least four members of the Common Council, elect a new President
and/or Vice President.
[Amended 9-28-2021 by L.L. No. 2-2022]
All the legislative acts of the Common Council
shall be by resolution, ordinance and local law and, on the passage
of every legislative act, the yeas and nays of the members voting
thereon shall be entered in full upon the journal. The passage of
a legislative act shall require the affirmative vote of at least a
majority of all the members of the Common Council, except as herein
otherwise provided.
No appropriation of money shall be made for
any purpose, except with the approval of the Board of Managers, and
with the additional approval of the Common Council by resolution only
for those appropriations over $5,000. Said resolution shall specify
each item, the amount thereof, and the department or specific purpose
for which the appropriation is made.
[Amended 9-28-2021 by L.L. No. 2-2022]
Each legislative act passed by the Common Council
must immediately be engrossed and signed by the officer presiding
at its final passage and attested to by the City Clerk and then presented
to the Mayor. If the Mayor approves it, the Mayor shall sign it and
return it to the City Clerk and the legislative act shall take effect.
If the Mayor does not approve the legislative act, the Mayor will
return it to the City Clerk listing the reasons for disapproval in
writing. The City Clerk shall present same with objections to the
Common Council at its next regular or special meeting. The Common
Council may at its next regular meeting, but no later than 30 days
after such veto, reconsider the legislative act and veto. If after
such reconsideration, at least five members shall vote to pass the
legislative act, it shall take effect notwithstanding the objections
of the Mayor unless a greater number of members were necessary according
to the provisions of the Charter for the original passage of the legislative
act, in which case, unless as many members as were requisite for the
original passage of the legislative act shall vote to pass the legislative
act, it shall not take effect. If any legislative act is not be returned
by the Mayor to the Clerk within 10 days after it was presented to
the Mayor or if the legislative act is returned within such period
without the Mayor's approval or disapproval, the legislative act shall
take effect as if the Mayor has approved and signed it.
[Amended 9-28-2021 by L.L. No. 2-2022]
A.
The Common
Council may, by ordinance passed by at least five members not inconsistent
with this Charter or other laws of the state, regulate the powers
and duties of any City officer or department; and it has power to
investigate all City officers and departments and shall have access
to all records and papers kept by every City officer or department,
and it has power to compel the attendance of witnesses and the production
of books, papers or other evidence at any meeting of the Common Council
or of any committee thereof, and, for that purpose, it may issue subpoenas
signed by the Mayor or President.
B.
The Council
may at any time appoint a special committee of its members to inquire
whether the laws and legislative acts relating to any matter or any
department of the City are being faithfully observed and whether the
duties of the officers and employees are being faithfully discharged
and to examine and report whether there are any unnecessary, inefficient
or unfit employees or excessive salaries, wages or compensation paid
and to inquire generally in respect to any and all matters which will
conduce to the orderly and economical administration of the business
of the City. Such committee shall have access to the records of the
City.
[Amended 9-28-2021 by L.L. No. 2-2022]
Whenever an executive or administrative function
is required to be performed by law or legislative act of the Common
Council, it shall be performed by the proper executive or administrative
officer or department designated in the law or ordinance, and if no
designation is made, the Mayor shall so designate. No legislative
act shall be passed that interferes with the exercise of the executive
functions of the officers, departments and Boards of the City, as
provided in this Charter or otherwise by law.
[Amended 8-24-2021 by L.L. No. 1-2021]
At the first meeting of the Common Council elected
under the provisions of this Charter, the Council shall designate
at least one newspaper, having a daily circulation in the City of
Cohoes, to be the official paper(s) of the City, and the paper(s)
receiving the highest number of votes shall be the official paper
for two years and until a successor is designated. Such official paper(s)
shall publish such matters and in such form as prescribed by statute
or otherwise by legislative act of the Common Council. In case an
official paper shall refuse or fail to act or perform as such, the
Common Council may, in its discretion, as hereinbefore provided, designate
a successor. All bids and accounts for publication in official newspapers
and all City printing and advertising shall be a City charge. The
Common Council may, by legislative act, prescribe the form in which
the proceedings and report of the City officers, boards and departments
shall be issued, and the printing and binding of the same shall be
performed under contract awarded as in the case of the other City
contracts.
[Amended 8-24-2021 by L.L. No. 1-2021]
Any member of the Common Council who shall knowingly
or unlawfully disregard any provision of law applicable to the members
thereof or who shall vote for any legislative act or measure in violation
of law or any appropriation unauthorized by law or in excess of the
amount authorized by law or for any illegal or injurious disposition
of corporate property, rights or privileges shall be guilty of a misdemeanor
and liable to the punishment and penalty prescribed therefor, and
every member voting in favor thereof shall be individually liable
to refund the amount to the City at the suit of the taxpayer.
