HomeMy WebLinkAboutMN-CC-1996-08-14COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting7:00 P.M. August 14, 1996
PRESENT:
Acting Mayor - Thorpe
Alderpersons (6) - Mackesey, Gray, Efroymson, Marcham,
Blumenthal, Sams
EXCUSED:
Alderpersons (3) - Johnson, Shenk, Hanna
OTHERS PRESENT:
City Clerk - Conley-Holcomb
City Attorney - Geldenhuys
PLEDGE OF ALLEGIANCE:
Acting Mayor Thorpe led all present in the Pledge of Allegiance
to the American flag.
SPECIAL ORDER OF BUSINESS:
Consideration of a Local Law to Require That Appointments Made by
the Mayor to Selected Offices Shall be Subject to a Search
Committee Procedure (item E1 of the mandatory referendum review)
By Alderperson Efroymson: Seconded by Alderperson Mackesey
LOCAL LAW No. ____ Of the Year 1996
A Local Law to require that appointments made by the Mayor to
selected offices shall be subject to a search committee
procedure.
BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent. Pursuant to the findings of
the mandatory referendum review, this Local Law is intended to
give effect to the changes made by Local Laws 1-1985 and 2-1991,
which intended to amend what was then Section 2.27 of the Ithaca
City Charter but were not submitted to a referendum.
Section 2. A new Section C-26 of the Ithaca City Code is
hereby inserted as follows:
§ C-26. Appointment of officers.
A. The following officers of the city shall be appointed
by the Mayor subject to the search committee procedure
as defined in Article VII of Chapter 90: Superintendent
of Public Works, Fire Chief, Youth Bureau Director,
Building Commissioner, City Controller, City Clerk,
Director of Planning and Development, City Chamberlain,
Personnel Administrator and Assistant City Attorney.
B. Upon the request of the Mayor and with the unanimous
approval of the entire Common Council, the search
committee procedure provided in Article VII of Chapter
90 shall be waived; instead, the Mayor shall make the
appointment directly.
C. An appointment subject to this section shall be deemed
made upon approval of the same by a majority vote of
the Common Council.
D. An appointment made as provided herein shall be for an
indefinite term.
E. Any appointee nominated or appointment made prior to
the effective date of this section shall be subject to
the terms of the prior appointment procedure.
Section 3. The title of Article VII of Chapter 90 of the
Ithaca City Code is hereby amended to read as follows:
Recruitment and Selection Procedure for Department
Heads and Managerial Personnel.
Section 4. Section 90-49(A) of the Ithaca City Code is
hereby amended to read as follows:
A search committee for the vacant position shall be
established by the Mayor according to the following:
(1) The membership of the committee shall be:
(a) Three (3) members of the appropriate overseeing lay
board or commission, if any, to be selected by
that board or commission;
(b) Three (3) members of the Common Council, to be selected
by the Common Council;
(c) One (1) person with professional experience in the job
area at issue, to be appointed by the Mayor; however,
if the appointment is to the position of deputy or
assistant, the Mayor shall appoint the applicable
department head;
(d) The Personnel Administrator, except when the
appointment is to the position of Personnel
Administrator, as a non-voting member; and
(e) Other non-voting members as the committee deems
necessary and appoints.
(2) In the event of a disagreement as to which lay board or
commission is to be represented, the Mayor shall
designate the appropriate overseeing lay board or
commission.
(3) Upon the formation of the committee, the Mayor shall
notify the Personnel Department of the composition of
the search committee.
(4) The search committee shall comply with all local,
state and federal laws, rules, and regulations
concerning hiring practices and procedures.
Section 5. Section 90-51(A) of the Ithaca City Code is
hereby amended to read as follows:
Following the candidate interviews, the search
committee shall discuss and evaluate the candidates.
The search committee may request that the Personnel
Department solicit candidate references prior to making
recommendations to the Mayor. After discussion and
evaluations, the committee shall choose the top three
(3) qualified and eligible candidates and forward their
names to the Mayor for consideration, with comments in
support of each recommendation.
Section 6. Section 90-52(A) of the Ithaca City Code is
hereby amended to read as follows:
The Mayor may conduct interviews with one (1) or more
of the candidates recommended by the search committee
at his/her discretion.
Section 7. A new Section 90-52(B) of the Ithaca City Code
is hereby inserted to read as follows (current sub-sections shall
be renumbered accordingly):
The Mayor shall make the appointment from the list of
three (3) names with the consent of the Common Council.
Section 8. This Local Law shall be submitted to a
referendum at the next general election.
Section 9. This Local Law shall take effect after it is
approved by the electorate at the next general election and is
subsequently filed in the office of the secretary of state.
Carried Unanimously
Consideration of a Local Law to Require That an Appointment to
the Position of Police Chief Shall be Made Through the Search
Committee Procedure (item E3 of the mandatory referendum review)
By Alderperson Efroymson: Seconded by Alderperson Gray
LOCAL LAW No. ____ Of the Year 1996
A Local Law to require that an appointment to the position of
Police Chief shall be made through the search committee
procedure.
BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Section C-26(A) of the Ithaca City Code is
hereby amended as follows:
The following officers of the city shall be appointed
by the Mayor subject to the search committee procedure
as defined in Article VII of Chapter 90: Superintendent
of Public Works, Fire Chief, Police Chief, Youth Bureau
Director, Building Commissioner, City Controller, City
Clerk, Director of Planning and Development, City
Chamberlain, Personnel Administrator and Assistant City
Attorney.
Section 2. Section C-5(C) of the Ithaca City Code is hereby
amended as follows:
The appointed officers of the city shall be:
(4) Officers appointed by the Mayor pursuant to §ÊC-
26: Superintendent of Public Works, Fire Chief,
Police Chief, Youth Bureau Director, Building
Commissioner, City Controller, City Clerk,
Director of Planning and Development, City
Chamberlain, Personnel Administrator, and
Assistant City Attorney.
(5) Officers appointed by the Mayor with the consent
of the Common Council: the Ithaca Activities and
Cultural Coordinator, the Deputy City Controller,
the Deputy City Clerk, and the Deputy City
Chamberlain.
(6) Officers appointed by the head of the Officer's
Department: the Assistant Superintendent(s) of
Public Works, the Deputy Building Commissioner(s),
the Deputy Director of Planning and Development,
the Deputy Fire Chief, the Deputy Police Chief and
all other subordinate sworn members of the police
force, and the Plumbing Inspector.
Section 3. Section C-17(A)(1) of the Ithaca City Code is
hereby amended as follows:
The Mayor shall appoint all members of the Police
Department. The Mayor may appoint the Chief of Police
subject to the provisions of §ÊC-26. The Mayor shall
also appoint a Deputy Chief of Police and shall also
appoint such Captains, Lieutenants and Sergeants as
such positions are authorized by the Common Council.
The Chief of Police, staff officers and police officers
shall receive for their services such compensation as
shall be fixed by the Common Council.
Section 4. This Local Law shall be submitted to a
referendum at the next general election.
Section 5. This Local Law shall take effect after it is
approved by the electorate at the next general election and is
subsequently filed in the office of the secretary of state.
Discussion followed on the floor regarding the Police Chief
selection process.
A vote on the Local Law resulted as follows:
Carried Unanimously
Consideration of a Local Law to Subject the Authority of the
Board of Public Works to the Direction and Review of the Common
Council (item G1 of the mandatory referendum review)
By Alderperson Efroymson: Seconded by Alderperson Mackesey
LOCAL LAW No. ____ Of the Year 1996
A Local Law to subject the authority of the Board of Public Works
to the direction and review of the Common Council.
BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent. Pursuant to the findings of
the mandatory referendum review, this Local Law is intended to
give effect to the change made by Local Law 1-1972, which
intended to amend what was then Section 123 of the Ithaca City
Charter but was not submitted to a referendum.
Section 2. Section C-61(A) of the Ithaca City Code is
hereby amended to read as follows:
The Board of Public Works shall take charge and, subject to
the limitations herein contained and the direction and
review of the Common Council, shall have control of the
following departments of the city government, of the
property belonging thereto and of the appropriations made
therefor:
Section 3. This Local Law shall be submitted to a
referendum at the next general election.
Section 4. This Local Law shall take effect after it is
approved by the electorate at the next general election and is
subsequently filed in the office of the secretary of state.
Carried Unanimously
Resolution Directing the City Clerk to Present Local Laws Subject
to a Mandatory Referendum to the Mayor Within Twenty-four Hours
of Passage
By Alderperson Efroymson: Seconded by Alderperson Mackesey
RESOLVED, That the Clerk of the City of Ithaca shall present to
the Mayor for approval, within twenty-four hours of passage, all
Local Laws passed by the Common Council that are subject to the
mandatory referendum requirement of the Municipal Home Rule Law.
Carried Unanimously
Resolution Directing the City Clerk to Number the November 1996
Mandatory Referendum Propositions
By Alderperson Efroymson: Seconded by Alderperson Mackesey
WHEREAS, several proposed local laws, if passed and adopted on or
before September 6, 1996, must be submitted to a mandatory
referendum; now, therefore, be it
RESOLVED, That said local laws be submitted at the general
election on November 5, 1996, and be it further
RESOLVED, That the mandatory referendum propositions for the
following local laws, if said local laws are passed and adopted
on or before September 6, 1996, shall be numbered in the
following sequence:
1. A Local Law to ratify the use of five wards for the purpose
of electing Alderpersons, and to ratify the boundaries of
those five wards as currently [printed in Section C-3 of the
Ithaca City Code. (H1)
2. A Local Law to require that any appointment made by the
Mayor to the Board of Zoning Appeals must be approved by the
Common
Council. (A)
3. A Local Law to require that any appointment made by the
Mayor to the Community Police Board must be approved by
Common Council (C)
4. A Local Law to require that any appointment made by the
Mayor to the Planning Board must be approved by Common
Council. (B)
5. A Local Law to subject the authority of the Board of Public
Works to the direction and review of Common Council. (G1)
6. A Local Law to reduce the term of Board of Public Works
Commissioners from six (6) to three (3) years. (H1)
7. A Local Law to require that appointments made by the Mayor
to selected offices shall be subject to a search committee
procedure. (E1)
8. A Local Law to require that an appointment to the position
of Police Chief shall be made through the search committee
procedure. (E3)
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 7:15 p.m.
Julie Conley Holcomb Rochella Thorpe
City Clerk Acting Mayor