Chapter 1, GENERAL PROVISIONS

ARTICLE I, Adoption of Code

[A local law making certain substantive changes to existing ordinances and local laws, adopting certain new pieces of legislation and providing for the adoption of this Code as the "Code of the City of Mechanicville" is presently proposed before the City Council. Upon final adoption, it will be included here as Article I of this chapter.]

ARTICLE II, Adoption of Charter Amendments During Codification

[A local law making certain substantive changes to the City Charter is presently proposed before the City Council. Upon final enactment, the adoption date and local law number will be included in this article.]

Chapter 6, BOARDS AND COMMISSIONS

[HISTORY: Adopted by the City Council of the City of Mechanicville as indicated in article histories. Amendments noted where applicable.]

ARTICLE I, Board of Assessment Review [Adopted 10-8-1971 (Ch. 10, Art. III, of the 1968 Code)]

§ 6-1. Creation; membership.67EN

A Board of Assessment Review is hereby created and shall consist of five members.

§ 6-2. Terms of office; appointments.

The term of office of members of the Board of Review shall be five years, and the appointment to the Board shall be in accordance with the provisions of Real Property Tax Law § 1524.

Chapter 9, BUILDINGS, DEPARTMENT OF

[HISTORY: Adopted by the City Council of the City of Mechanicville 11-13-1968 as Ch. 12, Art. I, of the 1968 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction and fire prevention -- See Ch. 80.

§ 9-1. Department created; appointment of Code Enforcement Officer/Building Inspector.

There is hereby created in the City of Mechanicville a Department of Buildings which shall be administered by a public official to be known as the "Code Enforcement Officer/Building Inspector," who shall be appointed by the Mayor with the consent of the City Council at a compensation to be fixed by it.

§ 9-2. Acting Code Enforcement Officer/Building Inspector.

In the absence of the Code Enforcement Officer/Building Inspector or in the case of his inability to act for any reason, the Mayor shall have the power, with the consent of the City Council, to designate a person to act in behalf of the Code Enforcement Officer/Building Inspector and to exercise all the powers conferred upon him by this chapter.

§ 9-3. Appointment of inspectors.

The Mayor may appoint one building inspector or more, with the consent of the City Council, as the need may appear, to act under the supervision of the Code Enforcement Officer/Building Inspector and to exercise any portion of his powers and duties. The compensation of such building-plumbing inspectors shall be fixed by the City Council.

§ 9-4. Restrictions on employees.

No officer or employee of the Building Department shall engage in any activity inconsistent with his duties or with the interest of the Building Department, nor shall he, during the term of his employment, be engaged, directly or indirectly, in any building business, in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or in the preparation of plans or specifications thereof within the City of Mechanicville, except that this section shall not prohibit any employee from such activities in connection with the construction of a building or structure owned by him and not constructed for sale.

§ 9-5. Powers and duties of Code Enforcement Officer/Building Inspector.

A. Except as otherwise specifically provided by law, ordinance or regulation or except as herein otherwise provided, the Code Enforcement Officer/Building Inspector shall administer and enforce all of the provisions of laws, ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein and the location, use, occupancy and maintenance thereof.

B. He shall have the power to adopt rules, with the consent of the City Council, to secure the intent and purposes of this chapter and a proper enforcement of the laws, ordinances and regulations governing building construction.

C. He shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of ensuring compliance with laws, ordinances and regulations governing building construction.

D. He shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of such laws, ordinances and regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from building-plumbing inspectors or other employees of the Department of Buildings or from generally recognized and authoritative service and inspection bureaus, provided that the same are certified by a responsible official thereof.

E. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances and regulations covering building construction, he may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies.

§ 9-6. Records and reports.

A. The Code Enforcement Officer/Building Inspector shall keep permanent official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports and notices and orders issued. All such records shall be public records open to public inspection during business hours.

B. The Code Enforcement Officer/Building Inspector shall annually submit to the City Council a written report and summary of all business conducted by the Department of Buildings, including permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending.

§ 9-7. Cooperation of other departments.

The Code Enforcement Officer/Building Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the Police, Fire and Health Departments and of all municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein.

Chapter 15, ELECTION DISTRICTS

[HISTORY: Adopted by the City Council of the City of Mechanicville 11-13-1968 as Ch. 17 of the 1968 Code. Amendments noted where applicable.]

§ 15-1. First Election District.

The First Election District of the City of Mechanicville shall be coextensive with the territory of which the following is a description:

Beginning at the point where the center line of Park Avenue is intersected by the center line of South Central Avenue and running thence easterly on and along the center line of Park Avenue to the east side of Main Street; thence southerly along the east side of South Main Street to the north line of the lands on which School No. 1 is situated; thence easterly on and along said north line to the center of the Hudson River and the east corporation line or boundary; thence southerly, on and along said corporation line, to a point in said river due east from the center of the mouth of the creek which empties into said river near Bennington Avenue; thence due west to the center of the mouth of said creek; thence westerly up said creek, on and along the center thereof, to the northerly side of the highway, known as the Mechanicville-Waterford Highway, and the corporation line; thence northwesterly, along said corporation line, to a point formerly in the west bank of the abandoned Champlain Canal; thence northerly, on and along the line of what was formerly the west bank of said canal, to a point therein due east from a marble post set in the ground at the southeast corner of lands formerly of Martha Harris; thence due east to the center of said canal; thence northerly on and along the center line of said canal to the south line of South Street; thence northerly to the intersection of the north line of South Street and the center line of South Central Avenue; thence northerly on and along the center line of South Central Avenue to the place of beginning.

§ 15-2. Second Election District.

The Second Election District of the City of Mechanicville shall be coextensive with the territory of which the following is a description:

Beginning at the point where the center line of Park Avenue is intersected by the center line of North Central Avenue and running thence northerly on and along the center line of North Central Avenue to a point fifty feet southerly from the south line of Saratoga Avenue; thence easterly and parallel to the south line of Saratoga Avenue on and along a course fifty feet southerly therefrom to the center of Greenwood Avenue; thence northerly on and along the center line of Greenwood Avenue to the south line of Saratoga Avenue; thence northerly to the intersection of the north line of Saratoga Avenue and the center line of Fitchburgh Avenue; thence northerly on and along the center line of Fitchburgh Avenue and the projection northerly thereof in the same course to the north corporation line; thence northerly and easterly on and along said north corporation line to the center of the Hudson River and the east corporation line; thence southerly, on and along said east corporation line, to the point where said line would be intersected by the projection easterly of the north line of lands on which School No. 1 is situated; thence westerly on and along said projected line and the said north line of School No. 1 to the east side of South Main Street; thence northerly along the east side of South Main Street to the center line of Park Avenue; thence westerly on and along the center line of Park Avenue to the place of beginning.

§ 15-3. Third Election District.

The Third Election District of the City of Mechanicville shall be coextensive with the territory of which the following is a description:

Beginning at the point in the center line of the right-of-way of the Boston and Marine Railroad, which point is three hundred feet northerly from the north side of Saratoga Avenue, and running thence easterly on and along the north corporation line, parallel with and three hundred feet northerly from the north side of Saratoga Avenue to a point formerly in the west bank of the Champlain Canal; thence northeasterly along said north corporation line to a point where said line would be intersected by the projection northerly of the center line of Fitchburgh Avenue; thence southerly on and along said projected line and said center line of Fitchburgh Avenue to the north line of Saratoga Avenue; thence southerly to the intersection of the south line of Saratoga Avenue and the center line of Greenwood Avenue; thence southerly on and along the center line of Greenwood Avenue to a point fifty feet southerly from the south side of Saratoga Avenue; thence westerly and parallel with the south line of Saratoga Avenue on and along a course fifty feet southerly therefrom to the center line of North Central Avenue; thence southerly on and along the center line of North Central Avenue to the center of the Tenendaho Creek; thence westerly up said creek, on and along the center thereof, to the center of the bridge crossing said Tenendaho Creek at the west end of Round Lake Avenue; thence easterly from the center of the bridge to the stone monument at the northwest corner of the old boundary line of the Village of Mechanicville; thence easterly, on a line parallel with and three hundred feet northerly from the north side of Saratoga Avenue, to the west side of Viall Avenue; thence along the west side of said Viall Avenue north, one degree west, one hundred fifty-nine feet; thence north, twenty-eight degrees and twenty minutes east, five hundred twenty-eight feet to a point; thence easterly on and along the north corporation line to the west line of lands of the Boston and Maine Railroad; thence southerly on and along said line to a point three hundred feet northerly from the north side of Saratoga Avenue; thence easterly on and along a line parallel with said Saratoga Avenue to the place of beginning.

§ 15-4. Fourth Election District.

The Fourth Election District of the City of Mechanicville shall be coextensive with the territory of which the following is a description:

Beginning at the point in the center line of North Central Avenue at the center of the culvert over Tenendaho Creek and running thence southerly on and along the center line of North Central Avenue to the center line of Park Avenue; thence westerly on and along the center line of Park Avenue to the center of the right-of-way of the Delaware and Hudson Railroad Corporation; thence northerly on and along the center line of said railroad's right-of-way to a point where said center line would be intersected by the projection easterly of the center line of Chestnut Street; thence westerly on and along said projected line and said center line of Chestnut Street to the west corporation line; thence northerly, parallel to the west line of North Eighth Avenue and distant one hundred feet westerly therefrom, to a point one thousand feet northerly of the north line of Elizabeth Street; thence northerly to the center of the Tenendaho Creek and the center of the bridge crossing said creek at the west end of Round Lake Avenue; thence easterly down said creek, on and along the center thereof, to the place of beginning.

§ 15-5. Fifth Election District.

The Fifth Election District of the City of Mechanicville shall be coextensive with the territory of which the following is a description:

Beginning at the intersection of the center line of the right-of-way of the Delaware and Hudson Railroad Corporation and the center line of Park Avenue and running thence westerly on and along the center line of Park Avenue and the projection westerly thereof to the west corporation line; thence on and along said corporation line northwesterly and northerly to a point where said corporation line is intersected by the center line of Chestnut Street; thence easterly on and along the center line of Chestnut Street and the projection easterly thereof to the center line of the right-of-way of the Delaware and Hudson Railroad Corporation; thence southerly on and along the center line of said railroad's right-of-way to the place of beginning.

§ 15-6. Sixth Election District.

The Sixth Election District of the City of Mechanicville shall be coextensive with the territory of which the following is a description:

Beginning at the point where the center line of Park Avenue is intersected by the center line of South Central Avenue and running thence southerly on and along the center line of South Central Avenue to the north line of South Street; thence southerly to the intersection of the south line of South Street and the center line of the abandoned Champlain Canal; thence southerly on and along the center line of said Champlain Canal to a point due east from a marble post set in the ground at the southeasterly corner of lands formerly of Martha Harris; thence due west to said marble post; thence westerly on and along a line which was formerly the south line of said lands of Martha Harris about three hundred thirty-three feet to the southeast corner of lands formerly owned by William Leonard; thence northerly on and along the west corporation line to a point where said line would be intersected by the center line of Park Avenue, projected westerly; thence easterly along said projected line and the center line of Park Avenue to the place of beginning.

Chapter 18, ETHICS, CODE OF

[HISTORY: Adopted by the City Council of the City of Mechanicville 9-9-1970 (Ch. 36, Art. I, of the 1968 Code). Amendments noted where applicable.]

§ 18-1. Purpose.

Pursuant to the provisions of § 806 of the General Municipal Law, the City Council of the City of Mechanicville recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. It is the purpose of this chapter to promulgate these rules of ethical conduct for the officers and employees of the City of Mechanicville. These rules shall serve as a guide for official conduct of the officers and employees of the City of Mechanicville. The rules of ethical conduct of this chapter, as adopted, shall not conflict with but shall be in addition to any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees.

§ 18-2. Definitions.68EN

As used in this chapter, the following terms shall have the meanings indicated:

INTEREST -- A direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as the result of a contract with the municipality which such officer or employee serves. For the purposes of this chapter, a municipal officer or employee shall be deemed to have an interest in the contract of:

A. His spouse, minor children and dependents, except a contract of employment with the municipality which such officer or employee serves.

B. A firm, partnership or association of which such officer or employee is a member or employee.

C. A corporation of which such officer or employee is an officer, director or employee.

D. A corporation, any stock of which is owned or controlled directly or indirectly by such officer or employee.

MUNICIPAL OFFICER OR EMPLOYEE -- An officer or employee of the City of Mechanicville, whether paid or unpaid, including members of any administrative board, commission or other agency thereof. No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a Fire Chief or Assistant Fire Chief.

§ 18-3. Standards of conduct.

Every officer or employee of the City of Mechanicville shall be subject to and abide by the following standards of conduct:

A. Gifts. He shall not, directly or indirectly, solicit any gift having a value of $75 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him, or could reasonably be expected to influence him, in the performance of his official duties or was intended as a reward for any official action on his part.69EN

B. Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest.

C. Representation before one's own agency. He shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he is an officer, member or employee or of any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee.

D. Representation before any agency for a contingent fee. He shall not receive or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any agency of his municipality, whereby his compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this subsection shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.

E. Disclosure of interest in legislation. To the extent that he knows thereof, a member of the City Council and any officer or employee of the City of Mechanicville, whether paid or unpaid, who participates in the discussion or gives official opinion to the City Council or any other official board or agency on any legislation or matter before the City Council of the City of Mechanicville or any other official board or agency of the City of Mechanicville shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation.

F. Investments in conflict with official duties. He shall not invest or hold any investment, directly or indirectly, in any financial, business, commercial or other private transaction which creates a conflict with his official duties.

G. Private employment. He shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his official duties.

H. Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the City of Mechanicville in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration.

§ 18-4. Filing of claims or demands.

Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal officer or employee of any claim, account, demand or suit against the City of Mechanicville or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage for any lawful benefit authorized or permitted by law.

§ 18-5. Distribution.70EN

The Mayor of the City of Mechanicville shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the City of Mechanicville within 30 days after the effective date of this chapter. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment. Failure to distribute any such copy or failure of any officer or employee to receive such copy shall have no effect on the duty of compliance with such code nor the enforcement provisions thereof.

§ 18-6. Penalties for offenses.

In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of this code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.

Chapter 21, FIRE DEPARTMENT

[HISTORY: Adopted by the City Council of the City of Mechanicville 11-13-1968 as Ch. 19 of the 1968 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction and fire prevention -- See Ch. 80.

§ 21-1. Fire Chief.

A. Office created. The office of the Fire Chief is hereby created, and the salary for such office shall be established by resolution of the City Council.71EN

B. Duties. The duties of such office shall be to supervise generally in all respects concerning the Fire Department and the equipment of such Department and perform such other and further services in regard to the protection of the community from fire as may be required of him by the Council or the Mayor of the City of Mechanicville.

C. Responsibility; authority. Under the Mayor he shall be the head of the Fire Department. The various members of such Department shall be subject to his control and authority.

D. Inspection of property. It shall also be his duty to inspect the premises within the corporate limits of the City of Mechanicville concerning which any complaint is made with regard to their inflammability to discover any cause to be abated and the nuisance which may in any way affect the safety of any citizen by increasing the danger or hazard on account of fire or conflagration and to perform such other and further services with regard to decreasing such hazard as may be required of him by the Council or the Mayor of the City of Mechanicville.72EN

§ 21-2. Assistant Fire Chief.73EN

A. Office created. The office of Assistant Fire Chief is hereby created, and the salary for such office shall be established by resolution of the City Council.

B. Duties. The duties of such officer shall be to perform all the duties of the Fire Chief in case of the absence or inability of said Fire Chief to act. It shall be the further duty of the Assistant Fire Chief to assist generally in the performance of the duties required of the Fire Chief and to perform such other duties as may be required of him by the Council or the Mayor of the City of Mechanicville.74EN

§ 21-3. Right of Council to create additional offices.

A. The Council of the City of Mechanicville may from time to time as may be required create other and further offices as may be necessary.

B. Any person hereinafter appointed to any of the offices hereby created may also be the recipient of any such office, whether all said offices to which he is appointed are under the same or different departments and subject to the control of the same or different Commissioner, and when appointed to two or more city offices, the recipient thereof shall draw the salary herein provided for all of said offices to which he may be appointed.

§ 21-4. Additional duties.

A. In addition to the duties heretofore prescribed for the Fire Chief, it shall be the further duty of the Fire Chief of the City of Mechanicville to do the following:

(1) He shall have charge of and be responsible for all fire apparatus of every kind and description.

(2) He shall have general supervision over and be responsible for the proper care and preservation of all buildings owned by the city in which fire apparatus is housed or stored, with the exception, however, of the Municipal Building.

(3) It shall be the duty of the Fire Chief and he shall have the power to direct the Captains of each of the Fire Companies to report to him, at such times and in such detail as the Fire Chief shall prescribe, as to the condition of fire apparatus and as to the method of preserving the same.

(4) No debts shall be hereinafter incurred chargeable to the Fire Department unless ordered by the Fire Chief, and the bills chargeable to the Fire Department shall be approved by the Fire Chief before the same are audited. Nothing in this subsection contained shall apply to fuel.

(5) From the first sounding of the fire alarm of the Fire Department until the blowout of said alarm is given, the Fire Chief shall be and he is hereby empowered with absolute control of all firemen and fire apparatus. He shall also have the power to exercise exclusive police authority over and the control of the building or buildings burning or threatened with fire. He is hereby further given the authority to mark off a fire zone adjacent to such burning premises. Such fire zone shall be of such size as in the opinion of the Fire Chief shall be necessary for the prevention of further conflagration.

B. The Captains of each of the respective companies shall be responsible to the Fire Chief for the care and preservation of the fire apparatus assigned to his respective company and of the building in which the same is stored or housed.

C. It shall be the duty of the proper officer or officers of the various fire companies to report to the Fire Chief the names of all the officers elected by the respective fire companies and also to report the changes in membership, which said reports shall be submitted to the Fire Chief for his approval and through him submitted to the City Council.

D. The janitors of all the firehouses shall be under the supervision of the Department of Public Works.75EN

§ 21-5. Absence of Fire Chief.

In the absence of the Fire Chief or his inability to act, the Assistant Fire Chief is hereby empowered with all the authority, powers and duties heretofore prescribed or herein given to the Fire Chief.

§ 21-6. Second Assistant Fire Chief.

A. Office created. The office of Second Assistant Fire Chief is hereby created.

B. Duties. The duties of the Second Assistant Fire Chief shall be to perform all the duties of the Fire Chief and Assistant Fire Chief in case of the absence or inability of the Fire Chief and Assistant Fire Chief to act. It shall be the further duty of the Second Assistant Fire Chief to assist generally in the performance of the duties required of the Fire Chief and Assistant Fire Chief and to perform such other duties within the Fire Department as directed by the Fire Chief, Assistant Fire Chief or the Mayor.

C. Salary. The salary of the Second Assistant Fire Chief shall be determined by resolution of the City Council of the City of Mechanicville, New York.

§ 21-7. Appointment and terms of office.76EN

The Chief, First Assistant Chief and Second Assistant Chief shall be appointed by the Mayor, and their terms of office shall be for two years, unless terminated sooner by the Mayor.

Chapter 28, INVESTMENT POLICY

[HISTORY: Adopted by the City Council of the City of Mechanicville 8-16-1995, readopted 1-15-1997. Amendments noted where applicable.]

§ 28-1. Scope.

This investment policy applies to all moneys and other financial resources available for investment on the city's own behalf or on behalf of any other entity or individual.

§ 28-2. Objectives.

The primary objectives of the local government's investment activities are, in priority order:

A. To conform to all applicable federal, state and other legal requirements (legal);

B. To adequately safeguard principal (safety);

C. To provide sufficient liquidity to meet all operating requirements (liquidity); and

D. To obtain a reasonable rate of return (yield).

§ 28-3. Delegation of authority.

The governing board's responsibility for administration of the investment program is delegated to the Commissioner of Finance, who shall establish written procedures for the operation of the investment program consistent with these investment guidelines. Such procedures shall include an adequate internal control structure to provide a satisfactory level of accountability, based on a database or records incorporating description and amounts of investments, transaction dates and other relevant information, and regulate the activities of subordinate employees.

§ 28-4. Participants to act responsibly; conflicts of interest.

A. All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair public confidence in the City of Mechanicville to govern effectively.

B. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment, considering the safety of the principal as well as the possible income to be derived.

C. All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or which could impair their ability to make impartial investment decisions.

§ 28-5. Diversification.

It is the policy of the City of Mechanicville to diversify its deposits and investments by financial institution, by investment instrument and by maturity scheduling.

§ 28-6. Transfer of funds to Commissioner of Finance; internal controls.

A. It is the policy of the City of Mechanicville for all moneys collected by any officer or employee of the government to be transferred to the Commissioner of Finance within 10 days of deposit or within the time period specified in law, whichever is shorter.77EN

B. The Commissioner of Finance is responsible for establishing and maintaining an internal control structure to provide reasonable, but not absolute, assurance that deposits and investments are safeguarded against loss from unauthorized use or disposition and that transactions are executed in accordance with management's authorization and recorded properly and are managed in compliance with applicable laws and regulations.

§ 28-7. Designation of depositories.78EN

Banks and trust companies designated by the City Council as depositories are authorized for the deposits of moneys up to a maximum amount of $5,000,000. Authorization for the deposits of moneys into any bank and trust companies shall be by the majority vote of the City Council.

§ 28-8. Collateralizing of deposits.

In accordance with the provisions of General Municipal Law § 10, all deposits of the City of Mechanicville, including certificates of deposit and special time deposits, in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured:

A. By a pledge of eligible securities with an aggregate market value, as provided by General Municipal Law § 10, equal to the aggregate amount of deposits from the categories designated in Appendix A to this policy.

B. By an eligible irrevocable letter of credit issued by a qualified bank other than the bank with the deposits in favor of the government for a term not to exceed 90 days with an aggregate value equal to 140% of the aggregate amount of deposits and the agreed-upon interest, if any. A qualified bank is one whose commercial paper and other unsecured short-term debt obligations are rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization or by a bank that is in compliance with applicable federal minimum risk based capital requirements.

C. By an eligible surety bond payable to the government for an amount at least equal to 100% of the aggregate amount of deposits and the agreed-upon interest, if any, executed by an insurance company authorized to do business in New York State, whose claims-paying ability is rated in the high rating category by at least two nationally recognized statistical rating organizations.

§ 28-9. Security and custodial agreements.

A. Eligible securities used for collateralizing deposits shall be subject to security and custodial agreements.79EN

B. The security agreement shall provide that eligible securities are being pledged to secure local government deposits, together with agreed-upon interest, if any, and any costs or expenses arising out of the collection of such deposits upon default. It shall also provide the conditions under which the securities may be sold, presented for payment, substituted or released and the events which will enable the local government to exercise its rights against the pledged securities. In the event that the securities are not registered or inscribed in the name of the local government, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the designated depositories of the City of Mechanicville.80EN

C. The custodial agreement shall provide that securities held by the bank or trust company as agent of and custodian for the local government will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The agreement should also describe that the custodian shall confirm the receipt, substitution or release of the securities. The agreement shall provide for the frequency of revaluation of eligible securities and for the substitution of securities when a change in the rating of a security may cause ineligibility. Such agreement shall include all provisions necessary to provide the local government a perfected interest in the securities.

§ 28-10. Permitted investments.

A. As authorized by General Municipal Law § 11, the City of Mechanicville authorizes the Commissioner of Finance to invest moneys not required for immediate expenditure for terms not to exceed its projected cash flow needs in the following types of investments:

(1) Special time deposit accounts.

(2) Certificates of deposit.

(3) Obligations of the United States of America.

(4) Obligations guaranteed by agencies of the United States of America where the payment of principal and interest are guaranteed by the United States of America.

(5) Obligations of the State of New York.

(6) Obligations issued pursuant to Local Finance Law § 24.00 or 25.00 (with approval of the State Comptroller) by any municipality, school district or district corporation other than the City of Mechanicville.

(7) Obligations of public authorities, public housing authorities, urban renewal agencies and industrial development agencies where the general state statutes governing such entities or whose specific enabling legislation authorized such investments.

(8) Certificates of participation (COP's) issued pursuant to General Municipal Law § 1209-b.

(9) Obligations of this local government, but only with any moneys in a reserve fund established pursuant to General Municipal Law § 6-c, 6-d, 6-e, 6-g, 6-h, 6-j, 6-k, 6-l, 6-m or 6-n.

B. All investment obligations shall be payable or redeemable at the option of the City of Mechanicville within such time as the proceeds will be needed to meet expenditures for purposes for which the moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable at the option of the City of Mechanicville within two years of the date of purchase.

§ 28-11. Authorized financial institutions and dealers.

The City of Mechanicville shall maintain a list of financial institutions and dealers approved for investment purposes and establish appropriate age limits to the amount of investments which can be made with each financial institution or dealer. All financial institutions with which the local government conducts business must be credit worthy. Banks shall provide their most recent Consolidated Report of Condition (Call Report) at the request of the City of Mechanicville. Security dealers not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank as primary dealers. The City of Mechanicville is responsible for evaluating the financial position and maintaining a listing of proposed depositories, trading partners and custodians. Such listing shall be evaluated at least annually.

§ 28-12. Purchase of investments.81EN

A. The Commissioner of Finance is authorized to contract for the purchase of investments:

(1) Directly, including through a repurchase agreement, from an authorized trading partner.

(2) By participation in a cooperative investment program with another authorized governmental entity pursuant to Article 5G of the General Municipal Law where such program meets all the requirements set forth in the Office of the State Comptroller Opinion No. 88-46 and the specific program has been authorized by the governing board.

(3) By utilizing an ongoing investment program with an authorized tracking partner pursuant to a contract authorized by the governing board.

B. All purchased obligations, unless registered or inscribed in the name of the local government, shall be purchased through, delivered to and held in the custody of a bank or trust company. Such obligations shall be purchased, sold or presented for redemption or payment by such bank or trust company only in accordance with prior written authorization from the officer authorized to make the investment. All such transactions shall be confirmed, in writing, to the City of Mechanicville by the bank or trust company. Any obligation held in the custody of a bank or trust company shall be held pursuant to a written custodial agreement as described in General Municipal Law § 10.

§ 28-13. Repurchase agreements.

Repurchase agreements are authorized subject to the following restrictions:

A. All repurchase agreements must be entered into subject to a master repurchase agreement.

B. Trading partners are limited to banks or trust companies authorized to do business in New York State and primary reporting dealers.

C. Obligations shall be limited to obligations of the United States of America and obligations of agencies of the United States of America where principal and interest are guaranteed by the United States of America.

D. No substitution of securities will be allowed.

E. The custodian shall be a party other than the trading partner.

Appendix A

Schedule of Eligible Securities

____ (i) Obligation issued or fully insured or guaranteed as to the payment of principal and interest by the United States of America, an agency thereof or a United States government sponsored corporation.

____ (ii) Obligations partially insured or guaranteed by any agency of the United States of America at a proportion of the market value of the obligation that represents the amount of the insurance or guaranty.

____ (iii) Obligations issued or fully insured or guaranteed by the State of New York, obligations issued by a municipal corporation, school district or district corporation of such state or obligations of any public benefit corporation which under a specific state statute may be accepted as security for deposit of public moneys.

____ (iv) Obligations issued by states (other than the State of New York) of the United States rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.

____ (v) Obligations of Puerto Rico rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.

____ (vi) Obligations of counties, cities and other governmental entities of a state other than the State of New York having the power to levy taxes that are backed by the full faith and credit of such governmental entity and rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization.

____ (vii) Obligations of domestic corporations rated in one of the two highest rating categories by at least one nationally recognized statistical rating organization.

____ (viii) Any mortgage-related securities, as defined in the Securities Exchange Act of 1934, as amended, which may be purchased by banks under the limitations established by bank regulatory agencies.

____ (ix) Zero coupon obligations of the United States government marketed as treasury strips.

Chapter 34, MEETINGS

[HISTORY: Adopted by the City Council of the City of Mechanicville 3-1-1995. Amendments noted where applicable.]

GENERAL REFERENCES

Stenographer/Secretary to the Mayor -- See Ch. 50, Art. I.

§ 34-1. Documents to be provided.82EN

The City Council of the City of Mechanicville hereby directs the City Stenographer/Secretary to the Mayor to provide the following documents no later than one week from the date of any regular or special City Council meeting to each Council member and to make them available to other city officials upon request:

A. A typed transcription of the minutes of the meeting, including the actual words of city officials and a brief summarization of comments from the members of the general public.

B. A summary sheet entitled "Legislative Index" that indicates any and all legislation for said meeting, including but not limited to resolutions, local laws, ordinances ("introduced only" or for "final consideration"), public hearings, etc.

C. A final typed copy of the final agenda for the City Council meeting.

D. A final copy of any legislation (resolutions, ordinances, local laws, etc.) indicating Council's actual voting record on the same.

§ 34-2. Tape recordings.83EN

The City Stenographer/Secretary to the Mayor is hereby directed and ordered to maintain the actual taped recordings of the meetings for review for a one-year period.

§ 34-3. Manner of addressing Council; rules of order.

The Mayor, who presides at the Council meetings, is hereby authorized and directed to:

A. Enforce a three-minute limit for each member of the general public who addresses the City Council during the Council meetings on any given topic before the Council; and

B. Ensure that Robert's Rules of Order are followed, as established at the city's annual organizational meeting, and ensure that order remains at City Council meetings.

Chapter 39, POLICE DEPARTMENT

[HISTORY: Adopted by the City Council of the City of Mechanicville as indicated in article histories. Amendments noted where applicable.]

ARTICLE I, Personnel [Adopted 11-13-1968 as Ch. 40 of the 1968 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 39-1. Chief of Police.

A. Office created. The office of the Chief of Police is hereby created, and the salary shall be established by resolution of the City Council. The Chief of Police shall be appointed by the Mayor from an established eligible list certified for the office of Chief of Police by the Mechanicville Civil Service Commission.

B. Duties. The duties of such officer shall be to preserve order in the community, to make such arrests as may be provided for by the laws of the state and the ordinances of the city, to enforce obedience to said laws and to said ordinances and to perform such other and further services concerning the policing of said city as may be required of him by said Council or Mayor.

C. Responsibility; authority. The Chief of Police shall be subject to the direction of the Mayor, and, in behalf of the Mayor and acting in the place, the Chief of Police shall have charge of the Police Department. The various members of the Police Department shall be subject to his control and authority. He shall be the peace officer of the city.

§ 39-2. Police Lieutenant.

A. Office created. The office of Police Lieutenant be and the same hereby is created. The Police Lieutenant shall be appointed by the Mayor from an established eligible list certified for the office of Police Lieutenant by the Mechanicville Civil Service Commission.

B. Duties. The duties of such office shall be to preserve order in the city, to make such arrests as may be authorized by law, to perform such other and further services concerning the policing of the city as may be required of him by the Council or the Mayor and to have charge of the Police Department in the absence of the Chief of Police and Mayor.

C. Salary. The annual salary of the Police Lieutenant shall be established by resolution of the City Council.

§ 39-3. Police Sergeant.

A. Office created. The office of Police Sergeant be and the same is hereby created. The Police Sergeant shall be appointed by the Mayor from an established eligible list certified for the office of Police Sergeant by the Mechanicville Civil Service Commission.

B. Duties. The duties of such office shall be to preserve order in the community, to make such arrests as may be provided for in the laws of the State of New York and the ordinances of the city, to enforce obedience of such laws and such ordinances, to perform such other and further services concerning policing of the city as may be required of him by the City Council or the Mayor, to have charge of the Police Department in the absence of the Chief to take such action as he may deem necessary and to receive and arraign prisoners and to make entries on the police blotter. The Police Sergeant shall be subject to the Mayor and Chief of Police and, in the absence of either the Mayor or Chief of Police, shall have charge of the Police Department. The various members shall be subject to his control and authority. He shall be a peace officer of the city.

C. Salary. The incumbent of said office shall receive a salary as established by resolution of the City Council.

§ 39-4. Patrolmen.

A. Offices created. The offices of patrolmen are hereby created, and the duties of such incumbents of such offices shall be to assist the Mayor and the Chief of Police in requiring obedience to the laws of the state and the ordinances of this city and to maintain order with regard to the maintenance of law and order as may be required of them by the Council or by the Mayor or by the Chief of Police. Each patrolman shall be a peace officer of the city. Except in emergencies to be determined by the Mayor, the Council or the Chief of Police, no patrolman shall be on duty more than 40 hours in any one week. Patrolmen shall receive a salary as established by resolution of the City Council.

B. Number; appointment. Full-time patrolmen shall not exceed 10 in number and shall be appointed by the Mayor from an established eligible list certified for the office of patrolman by the Mechanicville Civil Service Commission.

C. Special officers. In addition to the foregoing, the Chief of Police is hereby authorized to appoint, with the consent of the City Council, a number of special officers as determined by the Mayor to ensure public safety, to be assigned by the Chief of Police to such duties and at such times as may be deemed necessary to further promote the efficiency of the Police Department. The compensation to be paid said special officers shall be subject to the determination of the Council of the City of Mechanicville and shall be established by resolution of said Council. The compensation to be paid patrolmen shall be paid on the first day and 15th day of each month hereafter.

§ 39-5. Right of Council to create additional offices.

The Council of the City of Mechanicville may from time to time, as may be required, create other and further offices as may be necessary. Any person hereinafter appointed to any of the offices hereby created may also be the recipient of any such office, whether all said offices to which he is appointed are under the same or different departments and subject to the control of the same or different Commissioner, and when appointed to two or more city offices the recipient thereof shall draw the salary herein provided for all of said offices to which he may be appointed.

ARTICLE II, Police-Civilian Internal Affairs Review Commission [Adopted 1-15-1997]

§ 39-6. Purpose and scope.

A. In order to assure the public that police services are delivered in a lawful and nondiscriminatory manner, the public should be accorded participatory oversight of the police and their interaction with the citizenry. To this end, the Mayor and Council wish to structure citizen involvement as set forth in this article so that in the event that complaints are received regarding police activities such complaints are reviewed and processed with the participation of citizen representatives. Citizen review, in conjunction with the police, of complaints against officers will assure that complaints are dealt with fairly and with due regard for officers and citizens equally.

B. The Commission shall review all complaint investigations concerning members of the Police Department who are certified by the New York State Department of Municipal Police completed by the Internal Affairs Unit of the Police Department and subsequent investigations thereof related to alleged acts of excessive force, inappropriate use of firearms, discrimination, poor public relations and such other complaints as may be referred to it by the Mayor and/or the Chief of Police. The Commission shall also collect and review summary data on complaints received and report to the Mayor and Council any patterns which may merit further examination.

§ 39-7. Membership; terms of office; meetings; officers.

A. There is hereby created a Police-Civilian Internal Affairs Review Commission consisting of seven voting members to be appointed by the Mayor with consent of the Council. All members shall be residents of the city. Six members shall be citizen members and one shall be a member of the Mechanicville Police Benevolent Association (PBA) who shall be recommended by the PBA to the Mayor for appointment. Members shall, to the extent possible, be representative of the city's diversity of neighborhoods, races and cultures, abilities, incomes and sexual orientations. No City Council members shall serve on the Commission.

B. The original appointments to the Commission by the Mayor of the six citizen members shall be for terms of one, two and three years, as designated by the Mayor. Thereafter, citizen members shall be appointed for a three-year term.84EN

C. The original appointment to the Commission by the Mayor of the Mechanicville Police Benevolent Association representative shall be as recommended by a majority PBA vote, and he or she will serve one two-year term. No PBA member shall serve more than two consecutive terms. No member of the PBA or his or her immediate family shall be eligible to serve as a citizen member.

D. The Commission shall meet a minimum of quarterly and up to twice a month as determined by a majority of the Commission. The Commission shall elect a Chair and Vice Chair to preside over its proceedings and shall also elect a Secretary who will be responsible for the minutes of Commission meetings. The Commission Chair shall be elected from among the citizen members. Any costs associated with Commission minutes or paperwork involved will be borne by the Department of Public Safety.

§ 39-8. Powers and duties.

A. Conduct of meetings. The Commission shall conduct all of its meetings consistent with and subject to all city ordinances and published policy directives. Further, the Commission shall be subject to statutes regarding government data practices, open meetings, peace officers' bill of rights and related law.

B. Training required; termination of appointments. Each member of the Commission shall, prior to assuming official duties, participate in a training program which shall include topics related to police work, investigation, relevant law, cultural diversity, gender, sexual orientation, disability and the emotional impact of abuse. They shall also participate in ride-alongs with an officer on actual patrol duties. Failure to complete the training program shall constitute cause to terminate a member's appointment by the Mayor as recommended by the Chief of Police. Any and all training will be provided by the Chief of Police at no cost to the city. Additionally, a violation of law regarding government data practices or nonattendance at more than three meetings in a year by a member shall also constitute cause to terminate a member's appointment by the Mayor as recommended by the Chief of Police.

C. Requests for appearances and gathering of additional information. The Commission may request that individuals appear before it to state facts to supplement files. The Commission may also request Internal Affairs staff to gather such additional information as may be needed for a determination by the Commission.

D. Recommendations. The Commission, after review and deliberation of an investigation, shall, by majority vote, make its recommendation on the case. Such recommendation by the Commission shall be upon a finding that the complaint be sustained; or that the complaint not be sustained; or that the officer be exonerated; or that the complaint is unfounded; or that the matter does not involve guilt or lack thereof but rather a failure of a departmental policy to address the situation. The Commission shall also, by majority vote, make a recommendation as to any action to be taken concerning an involved officer.

E. Determination and disposition of investigation by Chief of Police and Mayor. Failure of the Commission to reach a majority decision shall cause the investigation to proceed directly to the Chief of Police and Mayor for determination and disposition.

F. Chair to inform Chief and Mayor in writing. If a majority decision is obtained, the Chair of the Commission shall, in writing, inform the Chief of Police and Mayor of the recommendation along with the rationale therefor.

G. Action when Chief, Mayor and Commission disagree. In the event that the Chief of Police and Mayor disagree with the action recommended by the Commission, the Chief shall notify the Commission, in writing, of the action the Chief and Mayor intend to impose. The Commission Chair, Chief of Police and Mayor shall have five working days to discuss any concerns they may have before any action is finalized. This provision does not prohibit the Chief of Police and Mayor from taking immediate action in any case.

Chapter 42, PROCUREMENT POLICY

[HISTORY: Adopted by the City Council of the City of Mechanicville 9-17-1997 (Ch. 43 of the 1968 Code). Amendments noted where applicable.]

§ 42-1. Purpose.

The purpose of the procurement policy is to protect public interest by encouraging the solicitation of competition for small procurements in a reasonable, cost-effective manner when competitive bidding is not required by law and to foster a greater degree of public accountability on the part of public officials in accordance with Chapter 413 of the Laws of 1991, enacting General Municipal Law § 104-b, effective January 1, 1992.

§ 42-2. Evaluation of purchase.

Every prospective purchase of goods or services shall be evaluated to determine the applicability of General Municipal Law § 103. Alternative proposals or quotations will be secured by request for proposals and written or verbal quotes. The information gathered and conclusions reached shall be documented and kept with the file or other documentation supporting the purchase activity.

§ 42-3. Authority and administration.85EN

All procurement preparation shall be administered by the head of the department or officer empowered by law or city ordinance to control or authorize expenditures of his respective department or office.

§ 42-4. Expenditures not to exceed appropriations.

No expenditure shall be made and no contract liability shall be incurred for any fiscal year beyond the appropriations for such year, except as provided by the Local Finance Law.

§ 42-5. Contracts and requisitions exceeding $2,500.86EN

No contract or requisition for supplies exceeding $2,500 shall be made without prior Council approval, except that in case of emergency, such requisition shall have the endorsement of one other Commissioner.

§ 42-6. Public access to procurement information.

Procurement information shall be a matter of public record to the extent provided in the New York State Freedom of Information Act and shall be available to the public as provided in that statute.87EN

§ 42-7. Purchase to be formally bid.

All purchases of supplies or equipment which will exceed $10,000 in the fiscal year or public works contracts over $20,000 shall be formally bid pursuant to General Municipal Law § 103.

§ 42-8. Purchases and contracts requiring quotes or proposals.

A. Estimated purchase.

(1) All estimated purchases of less than $10,000 but greater than $3,000 require a written request for a proposal (RFP) and written quotes from three vendors.

(2) All estimated purchases of less than $3,000 but greater than $1,000 require an oral request for the goods and oral quotes from two vendors. Oral requests include but are not limited to telephone logs or other records recording at a minimum the date, item or service desired, price quoted, name of vendor and name of vendor representative.

(3) All estimated purchases of less than $1,000 are left to the discretion of the purchaser.

B. Estimated public works contracts.

(1) All estimated public works contracts of less than $20,000 but greater than $10,000 require a written RFP and written proposals from three vendors.

(2) All estimated public works contracts of less than $10,000 but greater than $3,000 require a written RFP and proposals from two contractors.

(3) All estimated public works contracts of less than $3,000 are left to the discretion of the purchaser.

C. Any written RFP shall describe the desired goods, quantity and the particulars of delivery. The purchaser shall compile a list of all vendors from whom written/oral quotes are offered. All information gathered in complying with this procedure shall be preserved and filed with the documentation supporting the subsequent purchase or public works contract.

§ 42-9. Award of purchase or contract.

The lowest responsible proposal or quote shall be awarded the purchase or public works contract, unless the purchaser prepares a written justification providing reasons why it is in the best interest of the City of Mechanicville and taxpayers to make an award to other than the low bidder. If a bidder is not deemed responsible, facts supporting that judgment shall also be documented and filed with the record supporting the procurement.

§ 42-10. Inability to obtain proposals.

A good-faith effort shall be made to obtain the required number of proposals, and the purchaser shall document the attempt made. In no event shall the inability to obtain the proposals be a bar to the procurement.

§ 42-11. Exceptions.

Except when directed by the City Council, no solicitation of written proposals or quotations shall be required under the following circumstances:

A. New York State contract.

B. Acquisition of professional services.

C. Emergencies.

D. Sole source situations.

E. Goods purchased from agencies for the blind or handicapped.

F. Goods purchased from correctional facilities.

G. Goods purchased at auction.

§ 42-12. Unintentional failure to comply.

The unintentional failure to fully comply with the provisions of General Municipal Law § 104-b shall not be grounds to void action taken or give rise to a cause of action against the City of Mechanicville or any elected or appointed official.

§ 42-13. Ethics in awarding contracts.88EN

The City of Mechanicville shall adhere to the following code of conduct, consistent with applicable state or local law:

A. Conflict of interest. No city official, employee or agent of the City of Mechanicville shall participate directly or indirectly in the selection or in the award or administration of any contract if a conflict, real or apparent, would be involved. Such conflict would arise when a financial or other interest in a firm selected for award is held by:

(1) A city official, employee or agent involved in making the award;

(2) His/her relative (including father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepsister, half brother or half sister);

(3) His/her partner; or

(4) An organization which employs, is negotiating to employ or has an arrangement concerning prospective employment of any of the above.

B. Gratuities, kickbacks and use of confidential information. City employees or agents shall not solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to subcontractors and shall not knowingly use confidential information for actual or anticipated personal gain.

§ 42-14. Annual review.

The City of Mechanicville shall annually review these policies and procedures.

Chapter 46, RECORDS

[HISTORY: Adopted by the City Council of the City of Mechanicville as indicated in article histories. Amendments noted where applicable.]

ARTICLE I, Retention and Disposition [Adopted 2-1-1995]

§ 46-1. Adoption of Schedule MU-1.

A. Records Retention and Disposition Schedule MU-1, issued pursuant to Article 57-A of the Arts and Cultural Affairs Law and containing legal minimum retention periods for municipal government records, is hereby adopted for use by all municipal officers in disposing of municipal government records listed therein.

B. In accordance with Article 57-A:

(1) Only those records will be disposed of that are described in Records Retention and Disposition Schedule MU-1 after they have met the minimum retention period prescribed therein.

(2) Only those records will be disposed of that do not have sufficient administrative fiscal, legal or historical value to merit retention beyond established time periods.

ARTICLE II, Public Access to Records [Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 46-2. Purpose.

The purpose of this article is to set forth the methods and procedures governing the availability, location and nature of those records of the City of Mechanicville subject to the provisions of Article 6 of the Public Officers Law, known as the "Freedom of Information Law."

§ 46-3. Designation of Records Access Officer.

A. The City Council is responsible for ensuring compliance with the regulations herein and designates the following person as Records Access Officer: the City Clerk, City of Mechanicville, New York.

B. The Records Access Officer is responsible for ensuring appropriate agency response to public request for access to records pursuant to the provisions of the Freedom of Information Law. The designation of the Records Access Officer shall not be construed to prohibit officials who have, in the past, been authorized to make records or information available to the public from continuing to do so.

§ 46-4. Location of records.

Records shall be available for public inspection and copying at the city offices, City of Mechanicville, New York.

§ 46-5. Hours for public inspection.

Requests for public access to records shall be accepted and records shall be produced during the hours that the City Clerk's office is regularly open for business.

§ 46-6. Requests for access to records.

A. A written request may be required, but oral requests may be accepted when records are readily available.

B. A response shall be given within five business days of the receipt of any request reasonably describing the record or records sought.

C. A request shall reasonably describe the record or records sought. Whenever possible, a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought.

D. If the Records Access Officer does not provide or deny access to the records sought within five business days of receipt of a request, he or she shall furnish a written acknowledgment of the receipt of the request and a statement of the approximate date when the request will be granted or denied.

E. If the request is granted, the Records Access Officer shall provide a copy of such record to the person requesting the same upon payment of the fee prescribed therefor and shall certify to the correctness of such copy if requested to do so. Alternatively, the Records Access Officer shall certify that he or she does not have possession of such record or that such record cannot be located after a diligent search.

§ 46-7. Fees.

The fee for copies of records shall be $0.25 per page not exceeding nine inches by 14 inches in size or the maximum fee permitted under the Freedom of Information Law as it may from time to time be amended. The fees for other types of copies or transcripts and for certificates shall be the reasonable amounts as the Records Access Officer shall establish. The fees charged by the Records Access Officer for records shall not exceed the actual cost of reproducing such record, except when a different fee is otherwise prescribed by law.

§ 46-8. Grant or denial of access to records.

The Records Access Officer shall, in accordance with this article, make available for public inspection and copying all records, except that the Records Access Officer may deny access to records or portions thereof which are not subject to disclosure in accordance with the provisions of Subdivision 2 of § 87 of the Public Officers Law or any other applicable state or federal statute, unless the Records Access Officer determines that to grant the application would adversely affect the public interest.

§ 46-9. Appeals.

A. Denial of access to records shall be in writing.

B. Within 30 days after the written denial of access, any person denied access to a record may appeal, in writing, such denial to the Mayor, who shall hear such appeals under the Freedom of Information Law.

C. Within 10 business days of the receipt of such appeal, the Mayor shall explain, in writing, to the person requesting the record the reasons for further denial or provide access to the record sought.

Chapter 50, SALARIED EMPLOYEES

[HISTORY: Adopted by the City Council of the City of Mechanicville as indicated in article histories. Amendments noted where applicable.]

ARTICLE I, Stenographer/Secretary to the Mayor [Adopted 11-13-1968 as Ch. 47, Art. II, of the 1968 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 50-1. Position created; appointment.

The salaried position of City Stenographer/Secretary to the Mayor is hereby created in and for the City of Mechanicville. The Mayor shall nominate a fit person to occupy said position, and the City Council by a majority vote shall make the appointment.

§ 50-2. Duties.

The City Stenographer/Secretary to the Mayor shall act as Secretary to the Mayor and, as requested, to other boards.

§ 50-3. Salary; hours.

A. The City Stenographer/Secretary to the Mayor will receive a salary as set by the Mayor subject to the majority vote of the Council.

B. The hours of the City Stenographer/Secretary to the Mayor shall be between 9:00 a.m. and 4:00 p.m., Monday through Friday.

§ 50-4. Removal.

The City Stenographer/Secretary to the Mayor may be removed by majority vote of the City Council.

Chapter 53, SALE OF PUBLIC LANDS

[HISTORY: Adopted by the City Council of the City of Mechanicville as indicated in article histories. Amendments noted where applicable.]

ARTICLE I, Land Acquired by Tax Sale [Adopted 11-13-1968 as Ch. 48, Art. I, of the 1968 Code]

§ 53-1. Procedure.

Any interest in real property acquired by said city at, or as a consequence of, any tax sale conducted in said city may be sold to any person or corporation who or which shall pay such sum therefor as would be required of the owner thereof to redeem said property from said tax sale by the Commissioner of Accounts, who shall, at the option of such purchaser, assign to said purchaser the tax certificate owned by the city or execute and deliver to such purchaser a tax deed with a notation therein that such real property was purchased by the city at such tax sale as assigned to such purchaser.