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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
ARTICLE 2 - ELECTIVE OFFICERS
ARTICLE 3 - EXECUTIVE BRANCH
ARTICLE 4 - LEGISLATIVE BRANCH
ARTICLE 5 - OFFICERS AND EMPLOYEES AND DEPARTMENTS
ARTICLE 6 - FINANCES
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
FORM OF SUBMISSION OF PROPOSITION CITY OF ALBANY CHARTER
ARTICLE I
CITY OF ALBANY AND ITS GOVERNMENT
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shall be repealed and superceded by this Charter in its application to the City to the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
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'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
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
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
[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
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.
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