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 GIFT OF 
 
 
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 [Eighty-six folios.] 
 
 [egstetlve Reference Scctwn 
 
 GENERAL — ALL COUNTIES. 
 
 LAWS OF NEW YORK.— By Authority. 
 
 _^^ ^ Chap. 444. 
 
 .N ACT to authorize a city of the second or third class to adopt 
 a simplified form of government. 
 
 Jecame a law April 16, 1914, with the approval of the Governor. Passed, 
 three-fifths being present. 
 
 The People of the State of New York, represented- in Senate 
 md Assembly^ do enact as folloivs: 
 
 rticle I. Short title; definitions; application; general pro- 
 
 visions (§§ 1-11). 
 II. Adoption of simplified form of government (§§ 15- 
 26). 
 
 III. General powers (§§ 35-51). 
 
 IV. Government by means of limited council. 
 Title I. Government by limited council, with 
 
 division of administrative duties 
 (§§ 70-77). 
 II. Government by limited council, with 
 collective supervision (§§ 78-84). 
 V. Government by limited council, with appointive 
 city manager (§§ 85-93). 
 yi. Government by means of separate legislative and 
 executive departments. 
 Title I. Legislative department consisting of 
 three or five councilmen (§§ 100- 
 108). 
 II. Legislative department consisting of 
 nine councilmen (§ 110). 
 III. Legislative department consisting of 
 councilmen elected by districts 
 (§115). 
 VII. Adoption by third class city of second class cities 
 law (§ 120). 
 ^ yill. Saving clause; mis^^eilanepus ^provisions (§§ 125- 
 126). • • *" ' *' ^' ^ 
 
 337079 
 
c.-Z^ 
 
 ARTICLE I. 
 Shoet Title ; Definitions ; Application ; General Pso visions. 
 
 Section 1. Short title. 
 
 2. Definitions. 
 
 3. Application of chapter. 
 
 4. Continuance of existing legislative powers of city. 
 
 5. Other powers of city. 
 
 6. Duties and liabilities of city. 
 
 7. Existing ordinances continued. 
 8.. Existing laws continued. 
 
 9. Supervisors. 
 
 10. Determination of questions by popular vote. 
 
 11. Number of inhabitants of a city, how determined. 
 
 Section 1. Short title. This act may be known and cited as 
 " the optional city government law." 
 
 § 2. Definitions. 1. The term " city," as used in this act, in- 
 cludes any city of the second or third class as classified in the con- 
 stitution. 
 
 2. The term " general city election " means an election at which 
 the final selection is made of a city ofiicer. 
 
 3. The term " commissioner of elections " includes those of- 
 ficers who have similar powers and duties in counties where no 
 commissioners of election are appointed. 
 
 4. The term " charter " includes all provisions of local or special 
 law applicable to the city. 
 
 § 3. Application of chapter. Any city which shall adopt, in 
 the manner hereinafter prescribed, one of the methods of govern- 
 ment provided in this chapter, shall thereafter be governed by the 
 provisions hereof. 
 
 § 4. Continuance of existing legislative powers of city. None 
 of the legislative powers of a city shall be abridged or impaired by 
 the provisions of this act, but all such legislative powers are hereby 
 devolved upon and shall be possessed and exercised by such body as 
 shall be the legislative body of the city under the provisions hereof. 
 
 § 5. Other powers of city. The existing corporate powers of a 
 city shall not be construed to have been abridged or impaired by 
 the provisions; of this 2ict,rbut^he same shall be exercised as herein 
 provided. ' ' * . 
 
§ 6. Duties and liabilities of city. ISTothing in this act shall be 
 construed to in any way impair or affect any duty or liability now 
 imposed by law upon a city. 
 
 § 7. Existing ordinances, continued. All ordinances, resolu- 
 tions, orders or other regulations of a city, or any authorized body 
 or official thereof, existing at the time the provisions of this act 
 shall become applicable to the city, and not inconsistent with the 
 provisions hereof, shall continue in full force and effect until re- 
 pealed, modified or otherwise superseded. 
 
 § 8. Existing laws continued. Except insofar as any of its pro- 
 visions shall be inconsistent with this act, the charter of the city, 
 and all special or general laws applicable thereto, shall continue in 
 full force and effect, until and unless superseded by the passing 
 of ordinances regulating the matters therein provided for; but to 
 the extent that any provisions thereof shall be inconsistent with 
 this act, the same are hereby superseded. 
 
 § 9. Supervisors. Nothing in this act contained shall affect 
 the powers, duties, manner of election or appointment of super- 
 visors. 
 
 § 10. Determination of questions by popular vote. Nothing 
 in this act shall be construed as superseding or repealing any pro- 
 vision of law requiring any matter to be submitted to the vote of 
 the electors or taxpayers, or permitting the city council to so sub- 
 mit any matter or question. 
 
 § 11. Number of inhabitants of a city, how determined. For 
 the purposes of this act the number of inhabitants of a city shall 
 be deemed to be the number as ascertained by the latest state 
 census or United States census, whichever shall be later. 
 
 AETICLE 11. 
 Adoption of Si:mplified Form of Government. 
 
 Section 15. Preparation and presentation of petition. 
 
 16. Form of petition. 
 
 17. Summary proceedings to review sufficiency of peti- 
 
 tion. 
 
 18. Submission of question at general city election. 
 
 19. Submission of question at special election. 
 
 20. Publication of notice and conduct of election. 
 
 21. Form of ballot; voting machines. 
 
 22. Submission of but one plan at an election. 
 
23. Effect of adoption of plan. 
 
 24. Effect of rejection of plan. 
 
 25. Continuance of plan when adopted. 
 
 26. Duty of city clerk on adoption of plan. 
 
 § 15. Preparation and presentation of petition. When thirty 
 days shall have elapsed since the taking effect of this act, a peti- 
 tion may be presented at any time to the common council of the 
 city, in the form, and signed and certified as provided in the next 
 section. The petition shall be presented by filing the same with 
 the city clerk. It shall be signed by qualified electors of the city 
 to a number at least equal to ten per centum of the number of 
 votes cast therein at the general election preceding the presentation 
 of the petition in a city where less than twenty thousand votes 
 were so cast, and in any other city by qualified electors of the city 
 to the number of not less than two thousand. 
 
 § 16. Form of petition. The petition shall be in substantially 
 the following form: 
 
 To the common council of the city of : 
 
 We, the undersigned, qualified electors of this city, respectfully 
 petition your honorable body to cause to be submitted to a vote 
 
 the following question: Shall the city of 
 
 adopt the simplified form of government defined as plan (insert 
 A, B, C, D, E, F, or G, as desired by petitioners), and consisting 
 of (describe particular plan briefly, as " government by limited 
 council with division of administrative duties," or " government 
 by limited council, with city manager," or " government by sep- 
 arate legislative and executive departments with five councilmen 
 elected at large," et cetera) according to the provisions of chapter 
 
 of the laws of (insert chapter number and year of 
 
 passage of this act), known as " the optional city government law." 
 
 (In a city of less than twenty-five thousand inhabitants, if the 
 plan specified in the foregoing question is plan A, plan B or plan 
 D, such petition shall also contain the following additional ques- 
 tions:) 
 
 2. Shall the council under said plan be composed of five mem- 
 bers, including the mayor? (The words " including the mayor " 
 shall be omitted in the case of plan D.) 
 
 3. Shall the council under said plan be composed of three mem- 
 
bers, including the major? (The words " including the mayor " 
 shall be omitted in the ease of plan D.) 
 
 (Signature of elector.) (Eesidence, by street and number.) 
 
 The execution of the petition by an elector shall be acknowl- 
 edged by him, or it may be proved by the oath of a witness who 
 shall swear that he knows the elector and that the petition was 
 signed by the elector in the presence of the witness. The petition 
 may be in the form of separate sheets, each sheet containing at 
 the top thereof the petition as above set forth, and when bound to- 
 gether and offered for filing these shall be deemed to constitute 
 one petition. 
 
 § 17. Summary proceeding to review sufficiency of petition. 
 Such a petition, which complies with the requirements of this 
 article both as to form and number of signers and manner of exe- 
 cution, shall be accepted as prima facie sufficient. The supreme 
 court, or any justice thereof within the judicial district, or the 
 county judge of the county wherein the city is located, shall have 
 summary jurisdiction upon complaint of an elector, to determine 
 the sufficiency of the petition, and the genuineness of the signa- 
 tures thereon and the qualifications of the electors signing the 
 same, and may mal^e such order in the premises as justice may 
 require; but such summary proceeding shall be instituted within 
 ten days after presentation of the petition. 
 
 § 18. Submission of questions at general city election. Within 
 five days after the petition shall have been filed with him, the 
 city clerk shall transmit a certified copy thereof to the commis- 
 sioner of elections (except that the signatures upon the petition, 
 and the acknowledgment or proof thereof need not be copied, 
 but in place thereof the city clerk shall state the number of signa- 
 tures of electors thereon). If the petition shall have been filed 
 with the city clerk (or, in case a summary proceeding has been 
 instituted, a final order thereon has been made in favor of the 
 sufiiciency of the petition) not more than three months and not 
 less than one month prior to a general city election the commis- 
 sioner of elections shall oause the question or questions proposed 
 by the petition to be duly submitted to a vote of the electors of 
 the city at such general city election. 
 
6 
 
 § 19. Submission of questions at special election. If a petition 
 is not filed (or a final order made) so as to permit the questions 
 to be submitted at a general city election, within the provisions 
 of the preceding section, the common council shall at its next 
 regular meeting succeeding the presentation of the petition desig- 
 nate a day for the holding of a special election to ascertain the will 
 of the electors regarding the questions, which day shall not be less 
 than one month nor more than two months thereafter; except that 
 no such special election shall be held in either the months of July 
 or August, and the common council shall instead thereof name a 
 day in September. The provisions of the election law, governing 
 the registration of voters, equipment of polling places, furnishing 
 of supplies, voting, and canvass of return of votes, at an election 
 other than a general election, shall apply to such special election. 
 The common council is hereby authorized to appropriate and ex- 
 pend from monies raised by taxation, the necessary expense of 
 such special election ; and if monies shall not be available for that 
 purpose, to borrow on temporary loan, the amount necessary there- 
 for; and to raise the amount of the principal and interest there- 
 of by tax in the same manner as other city expenses. 
 
 § 20. Publication of notice and conduct of election. The city 
 clerk shall give notice of the submission of the questions by forth- 
 with posting in at least four public places in the city notice of the 
 filing of the petition and the character of the questions to be sub- 
 mitted, and the commissioner of elections shall during the four 
 weeks next preceding the election publish notice of the submission 
 of the questions in the same manner as is required in the case of 
 the submission of a special question to the electors of the city. 
 Whenever the questions shall be submitted at a special election, 
 the election ofiicers who shall have been appointed to serve at the 
 general city election next succeeding, or if none shall have been 
 appointed then those election ofiicers who were 'appointed to serve 
 at the last election held in the city, shall serve within their districts 
 at such special election, and shall receive the same compensation. 
 The polling places shall be the same as were designated for the 
 holding of the preceding general city election, and the commis- 
 sioner of elections shall furnish for use therein the same equipment 
 as at a general city election, so far as the same may be necessary. 
 
 § 21. Form of ballot; voting machines. The general form of 
 ballot shall conform as nearly as may be to the requirements of 
 section three hundred and thirty-two of the election law. In a 
 
citv of less than twenty-five thousand inhabitants, if the plan to 
 
 be submitted is plan A, plan B or plan D, there shall be printed 
 
 at the left of questions two and three only one voting square for 
 
 each of said questions, and at the left of each of said voting 
 
 squares shall be printed the word "Yes" and there shall be 
 
 printed on the stub at the top of the ballot above the directions 
 
 to the voters prescribed in section three hundred and thirty-two 
 
 of the election law, the following direction: 
 
 " Vote on question one, and on question two OR question three." 
 
 "Do NOT vote on BOTH question two AISFD question three." 
 
 In case voting machines are in use in the city, they shall be used 
 
 at the special election. 
 
 § 22. Submission of but one plan at an election. The ques- 
 tion of the adoption of not more than one plan may be submitted at 
 an election. If pending the determination of the question or ques- 
 tions proposed by a petition already filed, another petition pre- 
 senting the question of the adoption of a different plan shall be 
 presented, no action whatever shall be taken upon the later pe- 
 tition until after the submission to a vote of the question or ques- 
 tions proposed by the earlier petition. Should the result of such 
 vote be adverse thereto, proceedings shall then be had upon the 
 later petition as though the same had been presented upon the 
 day such vote was cast. 
 
 § 23. Effect of adoption of plan. If a majority of the total 
 number of votes cast for and against its adoption, at a special or 
 general city election upon the adoption of one of the plans of 
 government provided for in this act, shall be in favor of its adop- 
 tion, the provisions of this act, so far as applicable to the form of 
 government under the plan adopted by the city, shall supersede 
 the provisions of the charter and of the general and special laws 
 relating thereto and inconsistent herewith, but not, however, until 
 officers provided for under such plan shall have been duly 
 elected and their terms of office shall have commenced. The 
 officers provided for under the plan so adopted shall be elected in 
 accordance ^\ath the provisions of this chapter relating to such 
 plan, at the general city election next succeeding the adoption of 
 such plan, and their terms of office shall commence on the first 
 day of the second calendar month next succeeding their election, 
 and thereupon the term of office of each elected officer of the city 
 then in office, excepting the officers provided for in sections forty- 
 five and forty-six of this chapter, shall expire. In a city of less 
 
8 
 
 than twenty-five thousand inhabitants, if the plan so adopted is 
 plan A, plan B or plan D, if the number of voters voting " Yes " on 
 question number two is greater than or equal to the number of 
 voters voting " Yes " on question number three, the council shall 
 be composed of five members. If the number of voters voting 
 " Yes " on question number three is greater than the number of 
 voters voting " Yes " on question number two, the council shall be 
 composed of three members. If a voter shall vote " Yes " on both 
 questions two and three, his ballot shall not thereby be invalidated, 
 but his vote shall not be counted as a vote on either of said ques- 
 tions two and three. 
 
 § 24. Effect of rejection of plan. Should a majority of the 
 votes so cast be against the adoption of the plan proposed no peti- 
 tion proposing the same plan shall be presented within one year 
 thereafter; but a petition proposing the adoption of one of the 
 other plans provided for in this act may be presented at any time 
 thereafter, and proceedings thereon shall be had as though no 
 prior petition under this act had been presented. 
 
 § 25. Continuance of plan when adopted. Should any one 
 of the plans of government provided for in this act be adopted, the 
 same shall continue in force and effect for the period of at least 
 four years after the commencement of the terms of office of the 
 officials elected thereunder, and no petition proposing a different 
 plan shall be presented during a period of three years and six 
 months after such adoption. 
 
 In a city of less than twenty-five thousand inhabitants, which has 
 adopted plan A, plan B or plan D, the question, Avhether the 
 council of said city under said plan shall be changed from a council 
 composed of five members to a council composed of three members 
 or vice versa, may, at any time after the expiration of the said 
 period of four years, be presented and voted upon in like manner, 
 as herein prescribed for presenting and voting upon the question 
 of the adoption of a different plan. 
 
 § 26. Duty of city clerk on adoption of plan. It shall be the 
 duty of the city clerk of any city adopting any one of the plans 
 herein provided for, within thirty days after the election at which 
 such plan is adopted, to prepare a complete record of all the pro- 
 ceedings had in regard thereto, which shall include the original 
 affidavits of the publication of the notice of the election, with 
 copies of the notice as published, attached, a specimen of tlu- 
 ballots used at the election, and a certified copy of the canvass 
 
9 
 
 of the votes cast at such election, and to transmit such record to 
 the office of the secretary of state, where it shall be kept as a 
 public record. It shall be the duty of the secretary of state to cause 
 to be published separately under an appropriate heading, in the 
 appendix of the session laws of each year, the names of the cities 
 wdiich have accepted any of the plans of government provided for 
 in this act, with a statement of the plan adopted and the date of 
 adoption, and such statement so published shall be conclusive 
 evidence of such adoption. 
 
 AETICLE III. 
 
 Genekal Peovisions Applicable to Each Method of Govern- 
 ment. 
 
 Section 35. Application of sections of this article. 
 
 36. Exercise of legislative powers by council. 
 
 37. Effect upon provisions of existing law of adoption ol 
 
 ordinance regulating subject-matter thereof. 
 
 38. Terms of office. 
 
 39. Vacancies. 
 
 40. Penalties for misconduct. 
 
 41. Qualifications and disabilities. 
 
 42. Power to issue subpoenas. 
 
 43. Assessment of property for purpose of general taxa- 
 
 tion or for local improvements. 
 
 44. Judicial officers. 
 
 45. Boards of education. 
 
 46. Civil service. 
 
 47. Civil service commissioners. 
 
 48. Administration of pension and other special funds. 
 
 49. Temporary appointment in case of disability. 
 
 50. Access to records of city officers. 
 
 51. General powers of the mayor. 
 
 § 35. Application of sections of this article. Unless otherwise 
 especially provided, the sections contained in this article shall 
 apply to the plans of government defined in this act as plan A, B, 
 C, D, E, F and G. 
 
 § 36. Exercise of legislative powers by council. Except as in 
 this section especially regulated, the legislative powers of the coun- 
 cil of the city may be exercised as provided by ordinance or rule 
 adopted by it. 1. Each member of the council shall have the right 
 
10 
 
 to vote on any question coming before it; a majority of the coun- 
 cil shall constitute a quorum, and the affirmative vote of a majority 
 of all the members of the coimcil shall be necessary to adopt any 
 motion, resolution or ordinance. 
 
 2. Eegular meetings of the council shall be held weekly at a 
 time and place fixed by ordinance ; special meetings may be called 
 by any member on three days' notice, specifying the object of the 
 meeting. All legislative sessions shall be open to the public, and 
 every matter coming before the council for disposition shall be 
 put to a vote whereon the ayes and nays shall be called and re- 
 corded. A full and accurate journal of the proceedings of the 
 council shall be kept, and shall be open to the inspection of any 
 elector of the city. 
 
 3. The council shall appoint a city clerk, who shall have such 
 powers and perform such duties as the council may from time to 
 time prescribe, in addition to such duties as may be prescribe(il)y 
 law; the city clerk shall keep the minutes of the meetings of the- 
 council. p 
 
 § 37. Effect upon provisions of existing law of adoption of 
 ordinance regulating subject-matter thereof. Until superseded as 
 herein provided, all provisions of law regulating the exercise of 
 the powers and the performance of the duties of officers and em- 
 ployees of any city shall continue in full force and effect. The 
 council under any one of the plans of government defined in this 
 act as plan A, B, C, D, E or F shall have power, subject to the 
 provisions of this act, to confer by ordinance upon any officer or 
 employee .of the city any powers, or to impose upon any such 
 officer or employee any duties, theretofore conferred or imposed 
 upon any officer or employee by provision of law, and such powers 
 or duties shall thereupon devolve upon or be discharged by such 
 officer or employee upon whom the same shall have been so con- 
 f errciQ or imposed ; but the provisions of law regulating the exer- 
 cise of such powers or the performance of such duties shall, subject 
 to being superseded as herein provided, continue in force and 
 apply to the exercise or performance thereof by the officer 
 or employee upon whom such powers or duties are conferred or 
 imposed, and whenever by any such ordinance all the powers and 
 duties of any appointive officer or employee of the city are con- 
 ferred or imposed upon one or more other officers or employees, 
 such ordinance may abolish the office or employment held by the 
 officer or employee whose powers and duties shall have ceased, 
 
11 
 
 and thereupon the term of office or employment of such officer or 
 employee shall expire. The council under any one of the plans of 
 government defined in this act as plan A, B, C, D, E or F shall, 
 subject to the provisions of this act, have power to regulate by 
 ordinance the exercise of any power and the performance of any 
 duty by any officer or employee of the city ; and upon the passing 
 of any such ordinance every provision of the charter or of the 
 second class cities law, applicable to such city, regulating the 
 matters, or any of them, provided for in such ordinance, shall 
 cease to have any force or effect in such city. But nothing herein 
 contained shall be deemed to authorize the repeal or superseding 
 of any provisions of law regulating the manner in which, or the 
 conditions subject to which, franchises may be granted, or city 
 real estate leased or sold, or municipal indebtedness incurred in 
 any city, except to the extent of transferring powers or duties 
 relating thereto to officers or employees of the city; and nothing 
 herein contained shall be deemed to authorize the repeal or super- 
 seding of any provision of law requiring any matter to be sub- 
 mitted to the vote of the electors or taxpayers. 
 
 § 38. Terms of office. The terms of office of the mayor and 
 members of the council under plan A, B, C, D, E or F, shall be 
 four years; provided, however, that the terms of the members, 
 other than the mayor, composing the council first to be elected 
 hereunder shall be as follows: 
 
 If the number of the council be a number equally divisible by 
 two (excluding the mayor where he is a member of the council), 
 the terms of the one-half receiving the highest number of votes 
 shall be four years, and the terms of the remaining one-half shall 
 be two years ; should the number of the councilmen be a number 
 not equally divisible by two then the terms of the one-half receiv- 
 ing the lowest number of votes plus the councilman receiving the 
 next highest number of votes shall be two years, and the terms 
 of the remaining councilmen shall be four years. The salary of 
 a mayor or of a councilman shall not be increased during his term 
 of office. 
 
 § 39. Vacancies.. If under plan A, B, C, D, E or F, a vacancy 
 exist or occur in the office of mayor or councilman, the council 
 shall appoint a qualified person to fill such vacancy until the first 
 day of January following the next general city election, at which 
 a successor shall be elected for the full unexpired term. 
 
12 
 
 § 40. Penalties for misconduct. The members of the council 
 shall be subject to all the penalties for nonperformance or malfeas- 
 ance in office imposed upon common councils, aldermen or council- 
 men, under the charter or the general laws of the state. 
 
 § 41. Qualifications and disabilities of mayor and councilmen. 
 No person shall be eligible to the office of mayor or councihnan 
 who shall not at the time of his nomination be a citizen of the 
 United States and a resident of the city. The acceptance by the 
 mayor or any member of the council of any other civil office shall 
 operate to vacate his office as mayor or councilman. Neither the 
 mayor, nor any councilman, shall be or become in any way directly 
 or indirectly interested in any contract to which the city is a party ; 
 a violation hereof shall render any such contract absolutely void. 
 
 § 42. Power of investigation. The council, or the mayor, shall 
 have the power to inquire into any matter relating to the aifairs 
 of the city, to compel by subpoena the attendance of witnesses 
 and the production of books and papers material to any such in- 
 quiry, to administer oaths to witnesses and to examine them 
 and such books and papers. 
 
 § 43. Assessment of property for purposes of general taxation 
 and local improvements. The council under plans A, B and 
 C, shall succeed to all the powers and shall perform all the duties 
 with the like result in law of the board of assessors, or other official 
 or officials of the city performing like functions; but the council 
 may, in its discretion, provide by ordinance for the appointment 
 of an assessor or assessors, and in such event such assessor or 
 assessors shall succeed to such powers and perform such duties 
 in place of the council. Under plans D, E and F, the mayor, 
 with the advice and consent of the council, shall appoint an as- 
 sessor or assessors. 
 
 § 44. Judicial officers. The city judge or judges, and justices 
 of the peace and other judicial officers if any within the city, shall 
 continue to be elected as heretofore, but if by the charter or by 
 general law such judge or judges are appointive they shall con- 
 tinue to be appointed, by the council elected under plans A, B and 
 C, or by the mayor elected under plans D, E and F, and for such 
 terms as are now fixed. 
 
 § 45. Board of education. Nothing in this act shall be con- 
 strued as affecting the provisions of the charter, or tlie general 
 law, relating to boards of education, their powers and duties, and 
 the control of the schools and the funds pertaining thereto. 
 
13 
 
 Boards of education shall continue to be elected or appointed 
 within the city as provided by law. 
 
 § 46. Civil service. All appointments, promotions, removals 
 and changes in status in the civil service of the city shall be 
 made in accordance with the provisions of the civil service law. 
 The legislative employees of the city shall be the city clerk and 
 sergeant-at-arms of the council. 
 
 § 47. Civil service commissioners. Subject to the provisions of 
 the civil service law, the council under plans A, B and C, and 
 the mayor under plans D, E ancf F, shall appoint three persons 
 as civil service commissioners to serve for two, four and six years 
 respectively. Each alternate year thereafter there shall be ap- 
 pointed one person as the successor of the commissioner whose 
 term expires, to serve for six years. Any vacancy shall be filled 
 for the unexpired term in the same manner as an original ap- 
 pointment. Xot more than two members of the commission shall 
 be adherents of the same political party, and no member shall 
 hold any other public office to which a salary is attached. A com- 
 missioner may be removed 'during his term of office by the unan- 
 imous vote of the council, and upon stating in writing the reasons 
 for removal, and after allowing him opportunity of making an 
 explanation. 
 
 § 48. Administration of pension and other special funds. 
 Where the administration of pension, or other special funds, not 
 essential to the ordinary functions of city government, is en- 
 trusted by the charter to a definitely constituted body, such funds 
 shall continue to be so administered. Where the administration 
 is committed to city officers, they shall continue to be administered 
 by officers performing like functions, if they exist, or if not by 
 the council. The council shall have power to create special funds 
 and to fix rules for their administration. 
 
 § 49. Temporary appointment in case of disability of city offi- 
 cer. Whenever, under plan A, B, C, D, E or F, the mayor, or any 
 councilman, shall be temporarily unable for any cause to perform 
 the duties of his office, the council may appoint one of its members 
 to exercise his powers and perform his duties during such dis- 
 ability. Should an appointive officer of the city, under plan A, 
 B, C, D, E or F, be temporarily unable for any cause to perform 
 his duties, the council or the mayor, having the power of original 
 appointment, may make a temporary appointment of some per- 
 son to act until such official shall resume his duties. 
 
14 
 
 § 50. Access to records of city offices. The mayor, and any 
 
 councilman, shall have access to all records, books, documents and 
 other papers in any city department or office, at any time. 
 
 § 51. General powers of the mayor. In addition to the powers 
 conferred upon the mayor under either plan A, B, C, D, E or F, 
 the mayor shall have the custody of the seal of the city, and shall 
 authenticate the acts of the council and all instruments and papers 
 authorized so to he authenticated; in cases where the mayor is 
 authorized by law to sit with the supervisors as a commissioner 
 of charities, he shall continue so to act. In addition the mayor 
 shall possess and exercise such other powers and perform such 
 duties as are now conferred or imposed by law upon the mayor 
 of the city, if not inconsistent with the provisions of this chapter. 
 The mayor shall have charge of all civic functions, celebrations, 
 receptions and courtesies, shall sign all contracts of every kind 
 and nature to which the city is a party, and shall perform such 
 other ministerial functions as the council may from time to time 
 direct. 
 
 ARTICLE IV. 
 
 Government by Limited Counciu 
 
 TITLE I. 
 
 Government by Limited Council, with Division of Ad- 
 ministrative Duties. 
 
 Section TO. Definitions. 
 
 71. Application of title. 
 
 72. Legislative, executive and administrative powers of 
 
 city vested in council. 
 
 73. Salaries. 
 
 74. Exercise of executive and administrative powers by 
 
 council. 
 
 75. Division of administrative duties. 
 
 76. Appointive officers. 
 
 77. Powers and duties of mayor. 
 
 § 70. Definitions. The method of city government provided 
 for in this title is defined in this act as plan A. 
 
 § 71. Application of title. Upon the adoption of plan A by 
 a city in the method prescribed by this act, such plan shall be- 
 come operative as provided in section twenty-three hereof, and its 
 
15 
 
 powers of government shall be exercised as in this article pre- 
 scribed. 
 
 § 72. Legislative, executive and administrative powers vested 
 in conncil. All the legislative, executive and administrative 
 powers of the city howsoever conferred upon or possessed by it, 
 are hereby vested in and to be exercised by a board to be known 
 
 and styled as " the council of the city of ," 
 
 save as may be hereafter especially excepted. Such council shall 
 be composed of a mayor and four councilmen elected at large, 
 except that in cities of less than twenty-five thousand inha^bitants 
 it shall be composed of a mayor and four councilmen, or of a 
 mayor and two councilmen, as determined by the vote thereon as 
 provided in section twenty-three hereof. It shall be for all pur- 
 poses the common council of the city. 
 
 § 73. Salaries of members of the council. The councilmen 
 shall receive the following compensation, payable monthly, in 
 equal monthly installments : In every city having less than eight 
 thousand inhabitants, four hundred dollars; eight thousand or 
 more and less than ten thousand, five hundred dollars; ten thou- 
 sand or more and less than fifteen thousand, one thousand two hun- 
 dred dollars ; fifteen thousand or more and less than twenty thou- 
 sand, one thousand seven hundred dollars; twenty thousand or 
 more and less than thirty thousand, two thousand dollars; thirty 
 thousand or more and less than forty thousand, two thousand five 
 hundred dollars ; forty thousand- or more and less than seventy-five 
 thousand, three thousand five hundred dollars; seventy-five thou- 
 sand or more and less than one hundred thousand, four thousand 
 dollars; one hundred thousand or more, four thousand five hun- 
 dred dollars. The salary of the mayor shall be one-fourth greater 
 than the salary of the councilman, and payable in like manner. 
 
 § 74. Exercise of executive and administrative powers. The 
 council shall have and possess all the powers of and shall either 
 perform or shall supervise and provide for the performance of all 
 the duties heretofore imposed upon the mayor, the various city de- 
 partments, city boards and commissions, the heads of city depart- 
 ments, and all other ofiicers of the city whether elective or 
 appointive, except as in this act otherwise provided. The council 
 shall divide the administration of the city into departments, and 
 determine and prescribe the jurisdiction and duties of each de- 
 partment, and the powers and duties of the officers and employees 
 therein, and make such rules and regulations for the conduct of 
 
16 
 
 each department as it may deem desirable for the purpose of 
 securing efficiency and economy in administration. 
 
 § 75. Division of administrative duties. The council shall, 
 except as in this act otherwise provided, from time to time desig- 
 nate and assign the particular administrative duties of each of its 
 members, and each member of the council shall be designated for 
 particular service as the head of one or more departments, over 
 which he shall have special oversight and direction, subject to the 
 provisions of this act and the ordinances of the council. Such 
 designations and assignments may be changed whenever desired 
 by the council, and during any temporary disability or absence of 
 a councilman the council may designate another member to act 
 until the disabled or absent councilman shall resume his duties. 
 
 § 76. Appointive oiRcers. The council first elected shall at its 
 first meeting, or as soon thereafter as practicable, determine what 
 appointive officers are necessary for the proper and efficient ad- 
 ministration of the city, and shall prescribe the qualifications, 
 powers and duties of such officers, and fix their compensation ; the 
 council shall forthwith, or as soon as desirable, make appointments 
 to fill such offices. All other employees of the city shall be em- 
 ployed by the council, or under its authority. Any officer, or em- 
 ployee, whether appointed by the council, or under its authority, 
 may be removed by the council. 
 
 § 77. Powers and duties of the mayor. The mayor shall attend 
 the meetings of the council and preside thereat ; he shall have the 
 same power as a councilman to vote upon all matters coming before 
 the council, but shall have no veto power. It shall be the duty 
 of the mayor to acquaint himself with the conduct of each of the 
 city departments, and from time to time to report to the council 
 thereon, with such recommendations as he shall deem desirable. 
 
 TITLE II. 
 
 Government by Limited Council, with Collective Super- 
 vision. 
 
 Section 78. Definitions. 
 
 79. Application of title. 
 
 80. Legislative, executive and administrative powers of 
 
 city vested in council. 
 
 81. Salaries. 
 
17 
 
 82. Exercise of executive and administrative powers by 
 
 council. 
 
 83. Appointive officers. 
 
 84. Powers and duties of major. 
 
 § 78. Definitions. The method of city government provided for 
 in this title is defined as plan B. 
 
 § 79. Application of title. Upon the adoption of plan B by a 
 city in the method prescribed by this act, such plan shall become 
 operative as provided in section twenty-three hereof, and its 
 powders of government shall be exercised as in this article pre- 
 scribed. 
 
 § 80. Legislative, executive and administrative powers vested 
 in council. All the legislative, executive and administrative 
 powers of the city, howsoever conferred upon or possessed by it, 
 are hereby vested in and to be exercised by a board to be known 
 
 and styled as " the council of the city of ," save as may 
 
 be hereafter especially excepted. Such council shall be composed 
 of a mayor and four councilmen elected at large, except that in 
 cities of less than twenty-five thousand inhabitants it shall be 
 composed of a mayor and four councilmen, or of a mayor and two 
 councilmen, as determined by the vote thereon as provided in sec- 
 tion twenty-three hereof. It shall be for all purposes the com- 
 mon council of the city. 
 
 § 81. Salaries of members of the council. The members of 
 the council shall receive the following compensation, payable 
 monthly, in equal monthly instalments : In every city having less 
 than ten thousand inhabitants, three hundred dollars ; ten thousand 
 or more and less than twenty-five thousand, five hundred dollars ; 
 twenty-five thousand or more and less than fifty thousand, seven 
 hundred and fifty dollars ; fifty thousand or more and less than one 
 hundred thousand, one thousand dollars ; one hundred thousand or 
 more, twelve hundred dollars. 
 
 § 82. Exercise of executive and administrative powers. The 
 council shall have and possess all the powers of and shall either 
 perform or shall supervise and provide for the performance of 
 all the duties heretofore imposed upon the mayor, the various 
 city departments, city board's and commissions, the heads of city 
 departments, and all other officers of the city w^hether elective or 
 appointive except as in this act otherwise provided. The council 
 
18 
 
 shall divide the administration of the city into departments, and 
 determine and prescribe the jurisdiction and duties of each depart- 
 ment, and the powers and duties of the officers and employees 
 therein, and make such rules and regulations for the conduct of 
 each department as it may deem desirable for the purpose of 
 securing efficiency and economy in administration. 
 
 § 83. Appointive officers. The council first elected shall at its 
 first meeting, or as soon thereafter as practicable, determine what 
 appointive officers are necessary for the proper and efficient 
 administration of the city, and shall prescribe the qualifications, 
 powers and duties of such officers, and fix their compensation; 
 the council shall forthwith, or as soon as desirable, make ap- 
 pointments to fill such offices. All other employees of the city 
 shall be employed by the council, or under its authority. Any 
 officer, or employee, whether appointed by the council, or under its 
 authority, may be removed by the council. 
 
 § 84. Powers and duties of the mayor. The mayor shall attend 
 the meetings of the council and preside thereat ; he shall have the 
 same power as a councilman to vote upon all matters coming be- 
 fore the council, but shall have no veto power. It shall be the duty 
 of the mayor to acquaint himself with the conduct of each of the 
 city departments, and from time to time to report to the council 
 thereon, with such recommendations as he shall deem desirable. 
 
 ARTICLE V. 
 
 Government by Limited Council, with Appointive City 
 
 Manaqek. 
 Section 85. Definitions. 
 
 86. Application of article. 
 
 87. Legislative powers vested in council. 
 
 88. Salaries. 
 
 89. Powers and duties of mayor. 
 
 90. Administrative and executive powers. 
 
 91. General duties of city manager. 
 
 92. Appointment of city officers and employees. 
 
 93. Powers and duties of other city officers. 
 
 § 85. Definitions. The method of city government provided 
 for in this article is defined in this act as plan C. 
 
 § 86. Application of article. Upon the adoption of plan C 
 by a city in the method prescribed by this act, such plan shall 
 
19 
 
 become operative as provided in section twenty-three hereof, and 
 its powers of government shall be exercised a^ in this act provided. 
 
 § 87. Legislative powers vested in council. All the legislative 
 powers of the city, however conferred upon or possessed by it, are 
 hereby vested in a board to be known as the ^' Council of the city 
 of ." 8uch council shall be composed of a mayor 
 
 and four oouncilmen in third class cities, and of a mayor and six 
 councilmen in second class cities all of whom shall be elected at 
 large. It shall be for all purposes the conamon council of the city. 
 
 § 88. Salaries of members of the council. The members of the 
 council shall receive the following compensation, payable monthly, 
 in equal monthly instalments: In every city having less than ten 
 thousand inhabitants, three hundred dollars ; ten thousand or more 
 and less than twenty-five thousand, five hundred dollars; twenty- 
 five thousand or more and less than fifty thousand, seven hundred 
 and fifty dollars ; fifty thousand or more and less than one hundred 
 thousand, one thousand dollars; one hundred thousand or more, 
 twelve hundred dollars. 
 
 § 89. Powers and duties of mayor. The mayor shall preside 
 at all meetings of the council. He shall be the official head of the 
 city for service of civil process, and under the military law^, and 
 for all ceremonial purposes. He shall have no power of veto, but 
 shall have the same power as a councilman to vote upon all 
 matters coming before the council. 
 
 § 90. Administrative and executive powers. The administra- 
 tive and executive powers of the city, including the power of ap- 
 pointment of officers and employees, are vested in an official to 
 be known as the city manager, who shall be appointed by the 
 council, and hold office during the pleasure of the council; he 
 shall receive such compensation as shall be fixed by the council by 
 ordinance. 
 
 § 91. General duties of city manager. The city manager shall 
 (1) be the administrative head of the city government; (2) see 
 that within the city the laws of the state and the ordinances, 
 resolutions and by-laws of the council are faithfully exe- 
 cuted; (3) attend all meetings of the council, and recommend 
 for adoption such measures as he shall deem expedient; (4) make 
 reports to the council from time to time upon the affairs of the 
 city, keep the council fully advised of the city's financial con- 
 dition, and its future financial needs; (5) prepare and submit to 
 the council a tentative budget for the next fiscal year. 
 
20 
 
 § 92. Appointment of city officers and employees. Such city 
 officers and employees as the council shall determine are neces- 
 sary for the proper administration of the city shall be appointed 
 by the city manager, and any such officer or employee may be re- 
 moved by the city manager; but the city manager shall report 
 each such appointment and removal to the council at the next 
 meeting thereof following any such appointment or removal. 
 
 § 93. Powers and duties of other city officers. The officers and 
 employees of the city shall perform such duties as may be required 
 of them by the city manager, imder general regulations of the 
 council. 
 
 ARTICLE VI. 
 
 Government by Means of Separate Executive and Legisla- 
 tive Departments. 
 
 TITLE L 
 
 Legislative Department Consisting of Five Councilmen. 
 
 Section 100. Definitions. 
 
 101. Application of title. 
 *102. Legislative powers of the city. 
 *103. Approval by mayor. 
 *104. Executive and administrative powers. 
 *105. The mayor. 
 10'6. Salaries of mayor and councilmen. 
 
 107. Appointive officers of the city. 
 
 108. Acting mayor. 
 
 § 100. Definitions. The method of city government provided 
 for in this title defined as plan D. 
 
 § 101. Application of title. Upon the adoption by a city of 
 plan D in the method prescribed by this act, such plan shall be- 
 come operative as provided in section twenty-three hereof, and its 
 powers of government shall be exercised as in this title provided. 
 
 § 102. The mayor. There shall be a mayor elected at large, 
 who shall be the chief executive officer of the city ; he shall main- 
 tain peace and good order, and enforce the laws and ordinances 
 therein ; he shall see that the duties of the various city officers are 
 faithfully performed. He may appoint all officers of the city who 
 are required by law or by the ordinances to be appointed. 
 
 * So in original. 
 
21 
 
 § 103. Legislative powers of the city. The legislative powers 
 of the city shall be vested in a council which shall consist of five 
 persons, elected at large except that in a city of less than twenty- 
 five thousand inhabitants it shall consist of five persons or of 
 three persons as determined by the vote thereon as prescribed in 
 section twenty-three hereof. One of its members shall be elected 
 by the council as its president, to preside over its meetings for one 
 year. 
 
 § 104. Approval by mayor. Every ordinance or resolution of 
 the council shall be presented to the mayor before it shall be of 
 any force or effect. If he approves it, he shall sign it, but if he 
 disapproves he shall return it with his objections to the city clerk 
 who shall lay it before the council at its next meeting. The council 
 shall enter the objections upon its journal, and proceed to re- 
 consider the ordinance or resolution so disapproved. If upon 
 such reconsideration four of the members of the council composed 
 of five,. or all of the members of a council composed of three, shall 
 vote in favor of such ordinance or resolution, the same shall 
 become of force. If any ordinance or resolution is not returned 
 by the mayor disapproved by him within ten days after its 
 presentation to him, it shall be of force. 
 
 § 105. Executive and administrative powers. The executive 
 and administrative powers of the city shall be vested in the mayor 
 and such other officers as shall be elected or appointed pursuant to 
 this act. 
 
 § 106. Salaries of mayor and councilmen. The members of tho 
 council shall receive a salary of one-half the amount provided in 
 section seventy-three of this act. The mayor shall receive a salary 
 three times as large as that of a member of the council. 
 
 § 107. Appointive officers of the city. The council shall by 
 ordinance designate the officers and employees deemed by it neces- 
 sary for the proper and efficient administration of the city affairs ; 
 such ordinance shall also fix their general duties and the salary 
 or compensation to be paid. 
 
 § 108. Acting mayor. If the mayor shall be unable to perform 
 the duties of his office, in consequence of sickness or temporary 
 absence, he may designate a member of the council to act in his 
 place, and the councilman so designated shall perform the duties of 
 the mayor until the mayor shall resume them. While performing 
 such duties, the councilman shall not act as a member of the 
 council. 
 
22 
 
 TITLE 11. 
 
 Legislative Department Consisthstg of Nine Councilmen. 
 Section 110. Definition and character of plan. 
 
 § 110. Definition and character of plan. The method of city 
 government provided for in this title is defined as plan E, and upon 
 the adoption by a city of plan E in the method prescribed by this 
 act, such plan shall become operative as provided in section twenty- 
 three hereof, and its powers of government shall be exercised as 
 in this article provided. 
 
 The provisions of sections one hundred and two to one hundred 
 and eight, inclusive, of title one of this article, shall apply to 
 plan E, and the plan shall be similar in all respects to plan D 
 except that the council shall consist of nine persons elected at large. 
 
 TITLE III. 
 
 Legislative Department Consisting of Councilmen Elected 
 
 BY District. 
 Section 115. Definition and character of plan. 
 
 § 115. Definition and character of plan. The method of city 
 government provided for in this title is defined as plan F, and 
 upon the adoption by a city of plan F in the method prescribed 
 bj this act such "plan shall become operative as provided in section 
 twenty-three hereof, and its powers of government shall be 
 exercised as in this article provided. 
 
 The provisions of sections one hundred and two to one hundred 
 and eight, inclusive, of title one of this article, shall apply to plan 
 
 F, and the plan shall be similar in all respects to plan D, except 
 that the council shall consist of as many members as there are 
 wards in the city, and one councilman shall be elected from each 
 ward. 
 
 AKTICLE VII. 
 
 Adoption by Third Class City of the Second Class Cities 
 
 Law. 
 Section 120. Definition and character of plan. 
 
 § 120. Definition and character of plan. Any city of the third 
 class may adopt, in the method prescribed by this act, the pro- 
 visions of the second class cities law, constituting chapter fifty- 
 three of the consolidated laws, and designated in this act as plan 
 
 G. Upon the adoption of plan G, such plan shall become operative 
 
as provided in section twenty-three hereof, and the powers of gov- 
 ernment of the city shall be exercised as in said second class cities 
 law provided, and the provisions of said law shall apply to such 
 city. The elective officers of the city shall be elected at the next 
 succeeding general city election. 
 
 The salaries of the officials of the city holding offices, the salaries 
 of which are specifically fixed by the second class cities law, shall 
 be two-thirds of the respective amounts fixed for such offices by 
 said law as in force when this act takes effect for a city having 
 a population of less than seventy-five thousand. 
 
 ARTICLE VIII. 
 
 Saving Clause; Miscellaneous Pkovisionsu 
 
 Section 125. Saving clause. 
 
 126. When act to take effect. 
 
 § 125. Saving clause. The adoption by a city of a plan of gov- 
 ernment under the provisions of this act shall not affect the 
 validity of any proceeding or matter pending at the time of such 
 adoption, which shall have been duly taken or begun by the city 
 or its proper department or officer, but the same may be continued 
 and completed as though originally begun under any prior pro- 
 ceedings taken in conformity with the provisions of this act. The 
 adoption by a city of any plan of government under this act shall 
 not affect any action or proceeding duly begun by or against the 
 city, and pending at the time of the adoption of such plan. 
 
 § 126. When act to take effect. This act shall take effect 
 on July fifteenth, nineteen hundred and fourteen. 
 
 I ss: 
 
 State of New York, 
 Office of the Secretary of State. 
 
 I have compared the preceding with the original law on file in this office, and do 
 hereby certify that the same is a correct transcript therefrom and of the whole of 
 ^d original law. MITCHELL MAY, 
 
 Secretary of State