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Albany Charter
Home Up Albany Charter CANA Letter

 

CHARTER OF THE CITY OF ALBANY, NEW YORK

FILED BY THE ALBANY CITY CHARTER REVISION COMMISSION
PURSUANT TO MUNICIPAL HOME RULE LAW
SECTION 36

SEPTEMBER 3, 1998

TABLE OF CONTENTS

 

ARTICLE I - CITY OF ALBANY AND ITS GOVERNMENT

 

Section 101 - Title and Purpose
Section 102 - City Status, Powers and Duties
Section 103 - Effect on the Dongan Charter and on State Laws
Section 104 - Effect on Local Laws, Ordinances and Resolutions
Section 105 - Boundaries
Section 106 - Civil and Fiscal Year
Section 107 - Definitions

 

ARTICLE 2 - ELECTIVE OFFICERS

 

Section 201 - Elective Officers; Terms
Section 202 - Continuous Terms
Section 203 - Salaries
Section 204 - Residency
Section 205 - Oaths
Section 206 - City Court

 

ARTICLE 3 - EXECUTIVE BRANCH

 

Section 301 - Mayor Powers and Duties Generally
Section 302 - Veto of Ordinances, Resolutions, Local Laws
Section 303 - Office of the Mayor
Section 304 - State of the City Address

 

ARTICLE 4 - LEGISLATIVE BRANCH

 

Section 401 - Common Council; Status and Title
Section 402 - Members
Section 403 - President of the Common Council
Section 404 - Voting
Section 405 - Filing and Publication of Local Laws; Judicial Notice
Section 406 - Reapportionment
Section 407 - Examination of Books and Accounts

 

ARTICLE 5 - OFFICERS AND EMPLOYEES AND DEPARTMENTS

 

Section 501 - Qualifications of Officers
Section 502 - Dual Office Holding
Section 503 - Commencement of Term of Office
Section 504 - Departments, Offices and Commissions

 

ARTICLE 6 - FINANCES

 

Section 601 - Comptroller
Section 601 - Office of Audit and Control
Section 602 - Treasurer
Section 603 - Budget
Section 604 - Real Property Tax Budget
Section 605 - Board of Estimate and Apportionment

 

ARTICLE 7 - GENERAL CIVIL SERVICE PROVISIONS

 

Section 701 - Civil Service Rights Continued; Status of Certain City Officers Previously Elected or Appointed
Section 702 - Classified Service

 

ARTICLE 8 - APPLICATION OF CHARTER

 

Section 801 - Adoption of Charter; When Effective
Section 802 - Amendment of Charter; Revisions
Section 803 - Continuity of Authority; Completion of Unfinished Business
Section 804 - Severability
Section 805 - Dates
Section 806 - Submission to Electors

 

FORM OF SUBMISSION OF PROPOSITION CITY OF ALBANY CHARTER

ARTICLE I

 

CITY OF ALBANY AND ITS GOVERNMENT

 

Section 101 - Title and Purpose
Section 102 - City Status, Powers and Duties
Section 103 - Effect on the Dongan Charter and on State Laws
Section 104 - Effect on Local Laws, Ordinances and Resolutions
Section 105 - Boundaries
Section 106 - Civil and Fiscal Year
Section 107 - Definitions

SECTION 101 - Title and Purpose

This Charter, together with all amendments, if any, shall provide for and constitute the form of government of the City of Albany, New York (the "City") and be known as the "City of Albany Charter." This Charter provides for the separation and balance of legislative and executive functions and responsibilities in order to promote clarity, efficiency and responsibility within City government. In addition, the Charter is intended to implement the City's full home rule authority in accord with New York State Law.

SECTION 102 - City Status, Powers and Duties

The City, which traces its origin and continuity as a municipal corporation to the Dongan Charter, shall be and remain a municipal corporation and exercise all of the rights, privileges, functions and powers conferred upon it by this Charter and State law. Coordinately, the City shall be subject to all duties and obligations imposed by local laws not inconsistent with this Charter and by State law, and enjoy all necessary incidental powers to duly exercise the duties and obligations so imposed.

SECTION 103 - Effect on the Dongan Charter and on State Laws

This Charter provides a contemporary form and structure of city government pursuant to the provisions of the Municipal Home Rule Law. Within the limitations imposed by State law, wherever and whenever any special State law, and the Dongan Charter to the extent it remains applicable, conflicts or is otherwise inconsistent with this Charter, such laws shall be repealed and superceded by this Charter in its application to the City to the extent of such conflict or inconsistency.

SECTION 104 - Effect on Local Laws, Ordinances and Resolutions

All local laws, ordinances and resolutions of the Common Council previously adopted and in effect as of the adoption of this Charter, including the Code of the City of Albany as adopted by local law of the Common Council on March 20, 1995, shall continue in full force and effect, except to the extent that such local laws, ordinances and resolutions have been repealed, amended, modified or superceded in their application to the City by the adoption of this Charter.

SECTION 105 - Boundaries

The City's geographic boundaries shall continue to be and remain intact, as established prior to the adoption of this Charter; existing boundaries are hereby ratified and confirmed and may subsequently be altered or expanded pursuant to applicable law.

SECTION 106 - Civil and Fiscal Year

The civil and fiscal year of the City shall be the calendar year.

SECTION 107 - Definitions

The following terms used in this Charter shall be defined as follows:

(a) The term "Charter" shall mean this City of Albany Charter and amendments, if any.

(b) The term "City" shall mean the City of Albany.

(c) The term "Civil Service Law" shall mean the Civil Service Law of the State of New York.

(d) The term "Code of the City of Albany" shall mean the Code of the City of Albany as adopted by local law of the Common Council on March 20, 1995, and as amended.

(e) The term "County" shall mean the County of Albany.

(f) The term "Dongan Charter" shall mean the original charter granted to the City of Albany on July 22, 1686 by Colonel Thomas Dongan, Governor-General of the Province of New York under authority of King James II of England.

(g) The term "General City Law" shall mean the General City Law of the State of New York.

(h) The term "Local Law" shall mean a legislative act of the Common Council adopted pursuant to the Municipal Home Rule Law, but shall not mean or include a resolution, ordinance or other action taken by the Common Council.

(i) The term "Municipal Home Rule Law" shall mean the Municipal Home Rule Law of the State of New York.

(j) The term "Officer" shall mean and include all individuals who are elected under this Charter, department heads and such other individuals who qualify as officers pursuant to the Public Officers Law.

(k) The term "Public Officers Law" shall mean the Public Officers Law of the State of New York.

(l) The term "Real Property Tax Law" shall mean the Real Property Tax Law of the State of New York.

(m) The term "Resident" shall mean a person who maintains a fixed, permanent and principal home within the geographic boundaries of the City of Albany and to which he or she, wherever temporarily located, always intends to return.

(n) The term "Second Class Cities Law" shall mean the Second Class Cities Law of the State of New York.

(o) The term "State" shall mean the State of New York.

(p) The term "Uniform City Court Act" shall mean the Uniform City Court Act of the State of New York.

 

ARTICLE 2

 

ELECTIVE OFFICERS

Section 201 - Elective Officers; Terms
Section 202 - Continuous Terms
Section 203 - Salaries
Section 204 - Residency
Section 205 - Oaths
Section 206 - City Court

SECTION 201 - Elective Officers; Terms

Except where otherwise stated in this Charter, there shall be elected by the qualified voters of the City: a Mayor, Comptroller, Treasurer, and President of the Common Council. There shall also be elected by the qualified voters of each ward in the City: one Common Council Member to represent each ward. The term of office of the Mayor, Comptroller, Treasurer, President of the Common Council and each "Council Member" shall be four (4) years commencing on the first day of January next succeeding his or her election. Effective January 1, 2010, the office of Comptroller shall be eliminated, and a new office of Audit and Control, headed by a Chief City Auditor, shall be established as set forth in Article 6 of this Charter. The term of office of the Chief City Auditor shall be four (4) years commencing on the first day of January next succeeding his or her election. The first election of Chief City Auditor shall be at the general election held in November, 2009.

SECTION 202 - Continuous Terms

Except where otherwise stated in this Charter, the regular election of the Mayor, Comptroller, Treasurer, President of the Common Council and each "Council Member" shall be held every four (4) years; existing terms shall continue uninterrupted by this Charter.

SECTION 203 - Salaries

The salaries of elected officials shall be fixed by local law of the Common Council; however, the compensation of an elected officer shall not be increased or decreased during his or her term of office, except as otherwise authorized by State law.

SECTION 204 - Residency

An elective officer shall be a qualified elector and resident of the City for a continuous period of at least one year prior to taking office.

SECTION 205 - Oaths

The Mayor, Council Members and President of the Common Council may administer oaths or take certified affidavits from individuals in matters relating to the affairs or interests of the City.

SECTION 206 - City Court

The Judges of the City Court of Albany shall be selected pursuant to the Uniform City Court Act. The jurisdiction, practice and procedure of the City Court shall be as set forth in the Uniform City Court Act.

ARTICLE 3

EXECUTIVE BRANCH

Section 301 - Mayor Powers and Duties Generally
Section 302 - Veto of Ordinances, Resolutions, Local Laws
Section 303 - Office of the Mayor
Section 304 - State of the City Address

SECTION 301 - Mayor's Powers and Duties Generally

(a) There shall be a Mayor who shall be the chief executive officer and administrative head of the City government. The executive power of the City is vested in the Mayor and in such executive offices and departments as are presently set forth in the Code of the City of Albany, or as subsequently created, modified, combined or discontinued by a duly enacted local law of the Common Council.

(b) The Mayor shall be responsible for the day to day administration and supervision of all City affairs, executive officers, and departments, offices and agencies of the City, except offices headed by an elected official.

(c) The Mayor shall have sole authority to appoint and remove all nonelected City department and office heads, who shall serve at the pleasure of the Mayor. Prior to qualifying for and assuming office, all department and office heads shall present their credentials in writing to the Common Council. The Mayor may authorize any City officer or department head who is subject to the Mayor's authority and supervision to exercise any of the Mayor's powers with respect to personnel and administration in that office or department; and further to perform the Mayor's duties during a limited period of absence or inability to perform as set forth in section 403 below; except the power of appointment or discharge, or to approve or veto any local law, ordinance or resolution. Each department and office head shall have the authority to hire and remove personnel in accord with the provisions of the Civil Service Law.

(d) The Mayor shall take care that the laws of the State, together with all local laws, resolutions and ordinances of the Common Council are faithfully executed and enforced within the City.

(e) The Mayor shall appoint the members of all boards, authorities and commissions, except as otherwise required by State or local law. The Mayor's appointment of members to the Zoning Board of Appeals and the Planning Board shall be subject to the advice and consent of the Common Council. The Common Council must either confirm or reject any such appointment within forty-five days of the Mayor's filing of a written notice of appointment with the City Clerk. In the event the Common Council fails to timely approve or disapprove the appointment, the appointment shall be deemed confirmed. In the event the Common Council timely rejects the appointment, the Mayor shall make a new appointment for such position, which shall also be subject to confirmation pursuant to the above procedure. No such appointee shall hold office beyond the term of the Mayor by whom the appointment was made, except as otherwise provided by State law or local law. Any such appointee may be removed for cause by the Mayor, following notice of the grounds for removal and an opportunity to be heard. No City employee shall be appointed to serve on a board, commission or authority which has a fixed term of office, unless the enabling legislation for such board, commission or authority so authorizes.

(f) The Mayor may examine the books, vouchers and papers of any board, commission, department, officer or employee of the City and by the issuance of a subpoena, summon and examine under oath any person in relation thereto. The Mayor may require a member of any board, office, commission or department of the City to furnish the Mayor with any information, data and reports; neglect or refusal to furnish the same shall be deemed misconduct or incompetence on the part of the official or person neglecting or refusing to comply. The authority conferred upon the Mayor by this section shall not extend to the Common Council or Council Members.

(g) On or before October 1st of each year, the Mayor shall submit a proposed budget to the Common Council for the ensuing year as provided in Section 603 of the Charter.

(h) Except as otherwise provided by law and this Charter, the Mayor shall negotiate and execute on behalf of the City all contracts and agreements required to be executed as an act of the City.

(i) The Mayor shall have such other powers and duties as are provided by State law, this Charter, local law, ordinance or resolution.

SECTION 302 - Veto of ordinances; Resolutions, Local Laws

(a) Except as stated in Article 6 pertaining to the budget, or as otherwise provided by State law, the Mayor shall have the power to veto any local law, ordinance or resolution passed by the Common Council, except such ordinances or resolutions which relate solely to the rules and regulations of the Common Council, a non-binding statement of its policies and concerns, and such other matters concerning the conduct, procedures and internal organization and operation of the Common Council.

(b) Subject to the limitations set forth in subparagraph (a) above:

(i) A copy of every local law, ordinance or resolution shall be separately certified by the City Clerk and presented to the Mayor for review and approval within three (3) business days after passage.

(ii) In the case of an ordinance or resolution, the Mayor may exercise such veto power within ten (10) days of receipt of a certified copy from the City Clerk. With respect to a local law, the Mayor may exercise such veto power within thirty (30) days following receipt of a certified copy from the City Clerk.

(iii) If the Mayor approves such local law, ordinance or resolution, the Mayor shall sign it and return it to the City Clerk and it shall be deemed adopted and will take effect pursuant to the provisions of the Municipal Home Rule Law.

(iv) If the Mayor vetoes such local law, ordinance or resolution, it shall be returned to the City Clerk with the objections stated in writing; the City Clerk shall present the same with the objections stated to the Common Council at its next regular meeting. The Common Council, within thirty (30) days thereafter, may by a two-thirds vote of all the members of the Common Council, override such veto in which case the local law, ordinance or resolution shall be deemed adopted and will take effect pursuant to the provisions of the Municipal Home Rule Law; except that legislation authorizing bond debt shall require a three-fourths vote of all the members of the Common Council to override a veto.

(v) If any ordinance or resolution is not returned by the Mayor to the City Clerk within ten (10) days after it shall have been presented to the Mayor, or thirty (30) days in the case of a local law, or if such ordinance, resolution or local law is returned without the Mayor's approval or disapproval, the same shall be deemed adopted and will take effect pursuant to the provisions of the Municipal Home Rule Law.

(vi) If any ordinance, resolution or local law contains more than one specific appropriation or budget item, including specific items in a five-year capital plan, or embraces more than one distinct subject, the Mayor may approve specific appropriations or subjects and disapprove others. The approval or disapproval of the Mayor and review by the Common Council shall be subject to the procedures outlined in subsections (b) (i)-(v) above.

(c) Local laws shall be enacted pursuant to the procedures set forth in the Municipal Home Rule Law.

SECTION 303 - Office of the Mayor

 

(a) There is established the Office of the Mayor. The office shall assist the Mayor in the performance of official duties. All salaried personnel in the Office of the Mayor shall be appointed by the Mayor. Except as otherwise provided in the Civil Service Law, no such appointee shall hold office beyond the term of the Mayor by whom appointed and, unless removed, shall continue to serve unless a successor is appointed and has qualified or until an interim appointment is made.

(b) The Mayor shall have the power to appoint such personnel as may be necessary to assist at the Mayor's direction in the administration of the City's executive functions. The Mayor shall determine the compensation to be paid for such positions in the budgetary process.

SECTION 304 - State of the City Address

The Mayor shall present an annual State of the City message to the Common Council by February 1st of each year.

ARTICLE 4

 

LEGISLATIVE BRANCH

Section 401 - Common Council; Status and Title
Section 402 - Members
Section 403 - President of the Common Council
Section 404 - Voting
Section 405 - Filing and Publication of Local Laws; Judicial Notice
Section 406 - Reapportionment
Section 407 - Examination of Books and Accounts

SECTION 401 - Common Council; Status and Title

The legislative power of the City is vested in the Common Council which shall be authorized to adopt, amend or repeal local laws, ordinances, resolutions and rules and regulations in the exercise of its functions, powers and duties pertaining to the property, affairs or government of the City and other matters not inconsistent with State law.

SECTION 402 - Members

The Common Council shall be an elective body comprised of a President of the Common Council and not more than one "Council Member" duly elected from each ward within the City. Each "Council Member" shall be a resident of the ward from which he or she is elected. There shall not be more than fifteen (15) wards within the City.

SECTION 403 - President of the Common Council

The President of the Common Council shall be elected in the City at large, and shall succeed the Mayor in the event of death, resignation, absence or disability as set forth in the General City Law; except that the powers and duties of the Office of the Mayor shall not devolve upon the President of the Common Council during a limited period of either absence of the Mayor from the City or inability of the Mayor to perform his or her powers and duties. The President shall preside over the meetings of the Common Council and perform such other functions as set forth in Second Class Cities Law.

SECTION 404 - Voting

All legislation authorizing bond debt shall require a two-thirds vote of the entire Common Council membership. All other local laws, ordinances and resolutions shall require a majority vote of the entire Common Council membership, except as otherwise required by the Municipal Home Rule Law. Public hearings on proposed local laws shall take place at the same time that public hearings are normally held on proposed ordinances.

 

SECTION 405 - Filing and Publication of Local Laws; Judicial Notice

The filing and publication of local laws shall be as provided in the Municipal Home Rule Law.

SECTION 406 - Reapportionment

(a) Pursuant to the guidelines set forth in the Municipal Home Rule Law, the Common Council shall appoint a reapportionment commission within six (6) months after the publication of each federal decennial census to evaluate the existing ward boundaries for equity and representation in relation to population. The reapportionment commission shall include City residents in such proportion as to reasonably reflect the demographic composition of the City, together with such other expert and official representatives as shall be deemed necessary and appropriate.

(b) The reapportionment commission shall review the population data and within six (6) months after the commission is appointed, make recommendations, if necessary, in the form of a proposed local law as to changes in the ward boundaries for the City.

(c) In its deliberations, the Commission shall consider the application of the "one person, one vote" concept and the equal protection clauses of the Fourteenth Amendment of the United States Constitution and Article I, sections I and II of the New York State Constitution.

SECTION 407 - Examinations of Books and Accounts

The Common Council may examine the books, vouchers and papers of any department, board, commission, officer or employee of the City and by the issuance of a subpoena, summon and examine under oath any person in relation thereto. The Common Council may require a member of any board, office, commission, or department of the City to furnish the Common Council with any information, data and reports; neglect or refusal to furnish the same shall be deemed misconduct or incompetence on the part of the official or person neglecting or refusing to comply. The authority conferred on the Common Council by this section shall not extend to the Mayor or the Office of the Mayor.

ARTICLE 5

 

OFFICERS AND EMPLOYEES AND DEPARTMENTS

Section 501 - Qualifications of Officers
Section 502 - Dual Office Holding
Section 503 - Commencement of Term of Office
Section 504 - Departments, Offices and Commissions

SECTION 501 - Qualifications of Officers

All City officers shall be duly qualified pursuant to the requirements of the Public Officers Law, except that an official undertaking is not required unless otherwise required by State law.

SECTION 502 - Dual Office Holding

No person shall hold more than one City office at a given time.

SECTION 503 - Commencement of Term of Office

The term of office of an elective officer shall commence on the first day of January next after his or her election in accord with the Public Officers Law, unless elected to fill an existing vacancy or otherwise fixed by law.

SECTION 504 - Departments, Offices and Commissions

Existing departments, offices and commissions of City government shall continue as set forth in the Code of the City of Albany and as established by local laws presently in effect. The Common Council is authorized to create, alter, combine or abolish departments, offices and commissions and to prescribe or modify their powers and duties by a duly enacted local law.

ARTICLE 6

 

FINANCES

Section 601 - Comptroller
Section 601 - Office of Audit and Control
Section 602 - Treasurer
Section 603 - Budget
Section 604 - Real Property Tax Budget
Section 605 - Board of Estimate and Apportionment

SECTION 601 - Comptroller
[Effective until December 31, 2009. See, also, Section 601 below.]

Except as otherwise stated in this Charter, the Comptroller shall be responsible for the management of City funds as authorized by State law, including the authorization for payment of all vouchers, claims, and payroll and the maintenance of City accounts. The Comptroller shall perform internal auditing for City accounts, claims processing and debt management services as authorized by State law, and as otherwise conferred by a resolution, ordinance or local law duly enacted by the Common Council, not inconsistent with State law.

SECTION 601 - Office of Audit and Control [Effective January 1, 2010 see also Section 601 above.]

(a) There shall be an Office of Audit and Control to be headed by a Chief City Auditor. The principal duties of this office shall be to conduct internal performance audits of all City departments and offices; to audit all investments made by the City Treasurer on behalf of the City; and to warrant as valid all accounts payable and claims prior to payment of same by the City Treasurer.

The Chief City Auditor shall prepare and present such reports that are consistent with the duties enumerated herein as required by resolution, ordinance or local law duly enacted by the Common Council.

(b) The Chief City Auditor shall be elected by the qualified electors of the City as set forth in Article 2 of the Charter.

SECTION 602 - Treasurer

(a) The Treasurer shall be responsible for the collection, receipt, and care and custody of all taxes and other monies due the City, except as otherwise provided by law. The Treasurer shall be responsible to deposit all monies received in the manner set forth in the Second Class Cities Law. The Treasurer shall be responsible, upon authorization by warrant of the City Comptroller or, effective January 1, 2010, the Chief City Auditor, as the case may be, for payment of all vouchers, claims, payroll and other authorized disbursements. The Treasurer shall perform such other services as authorized by State law, and as otherwise conferred by a resolution, ordinance or local law duly enacted by the Common Council, not inconsistent with State law.

(b) [Effective January 1, 2002.] The Treasurer shall be responsible for making all temporary investments of City funds as authorized by the General Municipal Law.

(c) [Effective January 1, 2010.] The Treasurer shall be the City's "Chief Fiscal Officer" within the meaning of the Local Finance Law and shall have such investment and debt management authority as is authorized by State law and as is otherwise conferred by resolution, ordinance or local law duly enacted by the Common Council, not inconsistent with State law.

SECTION 603. Budget

(A)

(a) On or before October 1st of each year, the Mayor shall submit to the Common Council the proposed budget for the ensuing fiscal year and an accompanying budget message. The Mayor's proposed budget shall include an appropriation to fund the Common Council in the amount of the prior year's Common Council budget. The Common Council may accept or amend the Mayor's proposed budget. If the Common Council chooses to amend the proposed budget, the Mayor shall have the right to veto any portion, or all of said amendments. The Common Council may override said veto with a two-thirds (2/3rds) vote of the full Common Council membership pursuant to the procedure set forth below in Section 603(B).

(b) The message shall explain the important features of the budget, indicate any major changes from the current year in expenditures and revenues together with the reasons for such changes, summarize the City's debt position and include such other material as the Mayor deems desirable.

(c) The budget shall provide a complete financial plan for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the Mayor deems desirable. In organizing the budget, the Mayor shall utilize the most feasible combination of expenditure classification by fund, organization unit, program, purpose or activity and object. The budget shall begin with a clear, general summary of its contents; shall show in detail all estimated income indicating the proposed real property tax levy; and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be arranged so as to show comparative figures for actual income and expenditure for the preceding fiscal year, and estimated income and authorized expenditures for the current fiscal year.

(B) Common Council Action on Budget

(a) On or before October 31st of each year, the President of the Common Council shall call for a public hearing on the budget after having given two weeks notice to the public.

(b) After the public hearing, the Common Council may adopt the budget with or without amendment. In amending the budget, the Common Council may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law, debt service, judgment, salaries or for estimated cash deficits. Each such amendment shall be specifically enumerated, and accompanied by an explanation of the proposed change and identification of funding source if the amendment results in increased expense.

(c) The Common Council shall adopt the budget with or without any amendments on or before November 30th of the current fiscal year. The Common Council's failure to act by this date shall result in adoption of the budget as presented by the Mayor. On or before December 10th the Mayor shall act on the budget as amended and passed by the Common Council. The Mayor may disapprove one or more of the proposed amendments. The Mayor's failure to act by this date, shall result in the adoption of the budget as last acted upon by the Common Council. On or before December 20th the Common Council may override a veto of one or more of its proposed amendments. Failure by the Common Council to act on the veto shall result in adoption of the budget. Adoption of the budget shall continue appropriations of the amounts specified therein as expenditures from the funds indicated and shall constitute a levy of the property tax.

(d) A majority vote of the entire membership of the Common Council shall be required to pass the budget; a two-thirds vote of the entire membership shall be required to override a veto of a proposed amendment to the budget. Where the Mayor has vetoed an amendment to the budget and the Common Council has overridden that veto, that appropriation may not be brought before the Board of Estimate and Apportionment for its approval or disapproval without the prior consent of the Common Council.

(C) Five-Year Capital Plan

 

(a) The budget shall include a five-year capital plan. The first year of the capital plan shall be included in the budget for the ensuing year. The five-year plan shall include:

(1) A clear general summary of its contents.

(2) A list of all capital projects to be undertaken during the ensuing five fiscal years.

(3) Cost estimates, sources of funding and, where appropriate, recommended time schedules for each such improvement.

(b) This plan shall be revised, updated and extended each year with regard to capital improvements still pending or in the process of construction or acquisition.

(D) Budget Transfer After Adoption of Budget

 

(a) The Board of Estimate and Apportionment, as provided for in Section 605 below, shall approve or disapprove transfers of budgeted funds that do not exceed, in the aggregate, four (4) percent of the total annual City budget in any given year.

(b) All transfers of budgeted funds that exceed four (4) percent of the total annual City budget in any given year, or any transfer of budgeted funds that reduces the budget of any City department, office and commission in excess of 37.5 percent in any given year shall require the prior approval of a majority of the entire Common Council membership.

(E) Emergency Appropriations

To meet a public emergency affecting life, health, property or the public peace, the Council on its own or by request of the Mayor may make emergency appropriations.

 

(F) Lapse of Appropriations

Every appropriation, except an appropriation for capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if five years pass without any disbursement from or encumbrance of the appropriation.

SECTION 604 - Real Property Tax Budget

(a) The amount of estimated expenditures contained in the annual budget adopted by the Common Council, less the amount of anticipated revenues from all sources shall constitute the real property tax budget as enacted pursuant to Section 603 above, and the amounts proposed to be appropriated shall thereupon be appropriated.

(b) The Common Council shall certify its real property tax budget to the Albany County Legislature and it shall be the duty of the Albany County Legislature, when so served with a certified copy of the budget resolution of the Common Council, to cause such amount to be levied, assessed and raised by tax upon and from the taxable property of the City in the manner prescribed by the Real Property Tax Law.

(c) On or before December 15th in each year or such date as may be designated by the Albany County Legislature, but not later than December 31 of each year, the County Legislature must annex to or file with the City assessment roll a warrant authorizing and directing the City Treasurer, as collecting officer of the City, to collect the taxes due for the ensuing year.

(d) In case any taxes remain unpaid or uncollected upon the thirty-first day of December succeeding the delivery of the warrant, the City Treasurer shall make and deliver to the County Treasurer or County officer performing the functions of a County Treasurer an account of taxes paid and unpaid, subscribed and affirmed as true. The County Treasurer shall, if satisfied that such account is correct, credit the City with the amount of such unpaid delinquent taxes, and the City Treasurer shall be discharged from all liability for the amount uncollected.

(e) All water and sewer charges shall be collected by the City Treasurer in the manner set forth in Second Class Cities Law and be a lien upon the property assessed as a general city tax and as a part thereof shall be levied and collected pursuant to the procedure set forth above.

SECTION 605 - Board of Estimate and Apportionment

There shall continue to be a Board of Estimate and Apportionment which shall consist of the Mayor, Comptroller [Chief City Auditor commencing January 1, 2010], President of the Common Council and two Mayoral designees who shall be City employees and shall serve without additional compensation. Except to the extent inconsistent with the Charter, the Board shall exercise the functions as presently set forth in the Code of the City of Albany or as subsequently created, modified or repealed by a duly enacted local law and the functions otherwise authorized by State law.

ARTICLE 7

 

GENERAL CIVIL SERVICE PROVISIONS

Section 701 - Civil Service Rights Continued; Status of Certain City Officers Previously Elected or Appointed
Section 702 - Classified Service

SECTION 701 - Civil Service Rights Continued; Status of Certain City Officers Previously Elected or Appointed

The civil service status and rights of all City employees and their beneficiaries, including but not limited to those with respect to retirement and social security, shall not be affected by this Charter. Nothing contained in this Charter shall affect the term of office of any City officer or member of any board or commission who shall have been elected or appointed prior to the effective date of this Charter.

SECTION 702 - Classified Service

All positions in all departments and offices shall be in the classified service, except those held by the following: (i) elective public officers; (ii) department heads; (iii) members of all boards and commissions.

ARTICLE 8

 

APPLICATION OF CHARTER

Section 801 - Adoption of Charter; When Effective
Section 802 - Amendment of Charter; Revisions
Section 803 - Continuity of Authority; Completion of Unfinished Business
Section 804 - Severability
Section 805 - Dates
Section 806 - Submission to Electors

SECTION 801 - Adoption of Charter; When Effective

This Charter shall become effective on January 1, 1999, upon approval by public referendum in the manner provided by applicable law. An Administrative Code may be adopted and amended by local law at any time subsequent to the approval and adoption of this Charter.

SECTION 802 - Amendment of Charter; Revisions

This Charter may be amended in the manner provided by the Municipal Home Rule Law.

At least once every twenty years following the effective date of January 1, 1999, this Charter shall be reviewed and revised as deemed necessary pursuant to the Municipal Home Rule Law.

SECTION 803 - Continuity of Authority; Completion of Unfinished Business

The performance of functions pursuant to the provisions of this Charter shall be deemed to constitute a continuation of such functions for the purpose of succession to all rights, powers, duties and obligations attached to such functions. Proceedings or other business undertaken or commenced prior to the effective date of this Charter may be conducted and completed by the City officer or department responsible for such proceedings or other business under this Charter.

This Charter shall not be deemed to invalidate any obligations previously issued by the City or by any of its commissions, boards or agencies, and such obligations shall be and remain binding obligations of the City. In the event any obligation shall have been issued in anticipation of the issuance of bonds by the City or by any of its commissions, boards or agencies, the City is hereby empowered to issue such bonds as legal and binding obligations of the City.

SECTION 804 - Severability

If part of any provision of this Charter shall be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall not affect, impair or invalidate the remainder of such provision, but shall be confined in its operation to the clause, sentence, paragraph, section or article thereof directly involved in the proceeding in which such adjudication shall have been rendered.

SECTION 805 - Dates

If any date specified in this Charter falls, in any year, on a Saturday, Sunday or legal City holiday, then such date shall be deemed to refer to the next succeeding date which is not a Saturday, Sunday or legal City holiday.

SECTION 806 - Submission to Electors

This Charter shall be submitted to the electors of the City of Albany at the general election occurring November 3, 1998.

Pursuant to the Municipal Home Rule Law, this Local Law, enacting a new Albany City Charter, shall not become operative unless and until approved by the duly qualified voters of the City of Albany in the manner prescribed by law at the general election of November 3, 1998.