AN ACT TO AMEND

THE

CHARTER OF THE CITY OF NEW YORK.

PASSED APRIL 2, 1849, "THREE-FIFTHS BEING PRESENT."

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§1. The legislative power of the Corporation of the city of New York, shall continue to be vested in a Board of Aldermen and a Board of Assistant Aldermen, who, together, shall form the Common Council of the city. The Board of Aldermen shall consist of one Alderman from each ward, who shall be elected by the people of the respective wards for two years. The Board of Assistant Aldermen shall consist of one Assistant Alderman from each ward, who shall be elected in like manner, and shall hold their office for one year.

§ 2. The election for charter officers shall be held on the day of the general state election, when all charter officers eligible by the people shall be chosen, and the officers who shall be elected, shall be sworn into office on the first Monday of January thereafter; and the laws of the state regulating elections, shall apply to elections of charter officers; but the Common Council may, by law, extend the time for the canvass of the votes. The Mayor shall hold his office for a period of two years.

§3. The Common Council, during the year one thousand eight hundred and fifty, may hold its sessions as often as each Board shall, by resolution, appoint, and thereafter the Common Council shall annually hold only three stated sessions of not exceeding one month each, commencing on the first Monday of January, May and September. The Mayor may convene the Common Council or the Board of Aldermen, only, at any time between the sessions, if, in his judgment, any exigency shall have arisen to render such a proceeding necessary, on the request, in writing, of a majority of the members elected to each Board, specifying the purposes for which such meeting is called; in which case, the action of the Common Council shall be confined to the matters in reference to which it shall have been so convened, or to such other matters as may be submitted by the Mayor for its consideration, during such session; and the respective Boards may adjourn from day to day, until such business shall be completed.

§ 4. The Boards shall sit in separate chambers, and the doors shall be kept open, except when the public welfare shall require secrecy. A majority of each shall be a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent

members. Each Board shall appoint a President from its own body; shall choose its Clerk and other officers; determine the rules of its own proceedings; be the judge of the election returns and qualifications of its own members; keep a journal of its proceedings, and have power to direct special elections to fill its own vacancies; to compel the attendance of members; to punish them for disorderly conduct, and expel a member by a vote of two-thirds of all the members elected, after five days' notice, and opportunity of being heard has been given to him; but such resolution of expulsion shall be of no effect unless it contain a provision for a special election within two weeks thereafter to supply such vacancy; provided, however, that such special election shall not be ordered unless there be at least two months of the term of the expelled member unexpired. The Clerk of the Board of Aldermen shall, by virtue of his office, be Clerk of the Common Council, and shall perform all the duties heretofore performed by the Clerk of the Common Council, except such as shall be assigned to the Clerk of the Board of Assistant Aldermen ; and it shall be his duty to keep open for inspection, at all reasonable times, the records and minutes of the proceedings of the Common Council, except such as shall be specially ordered otherwise, The two Boards shall have concurrent powers, and a negative on each other's proceedings, and shall in all cases act as separate bodies, and shall not appoint Joint Committees, except a Committee on Accounts. Each Board may originate, amend, concur in, or reject any law, ordinance, resolution; but no law shall pass either Board, except by a majority of the members elected. Neither Board shall adjourn for a longer period than three days, except by a resolution, to be concurred in by the other body.

§ 5. It shall be the duty of the Clerks of the respective Boards, to publish all ordinances, and amendments of ordinances which shall be passed, and also the proceedings, in the newspapers employed by the Corporation, except such parts as may require secrecy; and whenever a vote shall be taken in either Board, upon the passage of a resolution or ordinance which shall contemplate any specific improvement, or involve the sale, disposition or income therefrom, or lay any tax or assessment, such resolution or ordinance shall, before the same shall be sent to the other Board, and immediately after the adjournment of the Board, at which the same shall have been passed, be published with the ayes and noes, with the names of the persons voting for and against the same, in at least two newspapers, as a part of the proceedings; and no act, resolution or ordinance which shall have passed one Board, shall be acted upon by the other Board on the same day, unless by unanimous consent, except in case of invasion, insurrection, or pestilence.

§ 6. If any ordinance or resolution passed by each Board, as provided by sections twelve and thirteen of the amended charter of one thousand eight hundred and thirty, shall not be returned by the Mayor within ten days (Sundays excepted) after it shall have been presented to him, the same shall become a law in like manner as if he had signed it, unless the close of the session of the Common Council shall prevent its return, in which case it shall not be a law until the expiration of five days after the commencement of the next session of the Common Council, by whom the ordinance or resolution shall be reconsidered, if returned within such time, and be disposed of in the same manner, and with the like effect, as if presented at the preceding session.

§ 7. No money shall be drawn from the city treasury, except the same shall have been previously appropriated to the purpose for which it is

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drawn; and all appropriations shall be based upon specific and detailed statements, in writing, of the several heads of the departments, through the Comptroller.

§ 8. The Board of Assistant Aldermen shall have the sole power of impeachment of all city officers, not otherwise provided for, and pending such impeachment, and until the final diposition thereof, the party impeached shall not exercise any of the functions of his office. The Board of Aldermen shall have the sole power to try all impeachments; when sitting for that purpose, they shall be on oath or affirmation, truly and impartially to try the impeachment, according to evidence; and no person shall be convicted without the concurrence of two-thirds of all the members elected to said Board. Judgment, in case of impeachment, shall not extend farther than removal from office and disqualification to hold any office under the city charter; but the party convicted shall be liable to indictment, trial, judgment and punishment, according to law.

§ 9. The executive power of the Corporation shall be vested in the Mayor, the heads of departments, and such other executive officers as shall be, from time to time, created by law, and neither the Common Council nor any Committee or member thereof, shall perform any executive business whatever, except such as is, or shall be, especially imposed on them by the laws of the state, and except that the Board of Aldermen may approve or reject the nominations made to them, as hereinafter provided.

§ 10. There shall continue to be an Executive Department, which shall be known as the "Police Department," and the Mayor of the city shall be the head officer thereof. There shall be a bureau in this department, and the chief officer thereof shall be denominated the "Chief of Police."

§ 11. There shall be an Executive Department, which shall be denominated "the Department of Finance," which shall have control of all the fiscal concerns of the Corporation, and shall prescribe the forms of keeping and rendering all city accounts whatever, and all accounts rendered to or kept in the several departments of the city government, shall be subject to the inspection and revision of the officers of this department. It shall settle and adjust all claims whatsoever by the Corporation or against them, and all accounts whatsoever, in which the Corporation is concerned, either as debtor or creditor. The chief officer of this department shall be called "the Comptroller of the City of New York.” There shall be a bureau in this department for the collection of the revenue accruing from taxes, the chief officer thereof shall be called the "Receiver of Taxes," who shall nominate, and with the advice and consent of the Board of Aldermen, appoint so many Clerks as shall be authorized by the Common Council: provided that nothing in this act contained shall be held to interfere with the tenure of office of the present Receiver of Taxes and Deputy Receiver of Taxes, as established by the act passed April 11, 1848. There shall be a bureau in this department, for the collection of the revenue accruing from rents and interest on bonds and mortgages, and for the performance of such other duties as may be directed by the Common Council, the chief officer of which shall be called the "Collector of the City Revenue." There shall be a bureau in this department for the reception of all moneys paid into the treasury of the city, and for the payment of moneys therefrom on the warrant drawn by the Comproller, and countersigned by the Mayor and Clerk of the Common Council, and the chief officer thereof shall be called the "Chamberlain of the City of New York."

§12. There shall be an Executive Department under the denomination of the "Street Department," which shall have cognizance of opening, regulating and paving streets; building and repairing wharves and piers;

digging and building wells, and the construction of public roads, when done by assessment; the filling up of sunken lots, under ordinances of the Common Council from the City Inspector's Department. It shall also have cognizance of collecting the assessments connected with such expenditures; the chief officer shall be called the "Street Commissioner." There shall be a bureau in this department, for the collection of assessments, and the chief officer thereof shall be called the "Collector of Assessments," and his assistants, "Deputy Collectors." There shall be a bureau in this deSuperintendent partment, the chief officer of which shall be called the " of Wharves."

§ 13. There shall be an Executive Department, to be denominated the department of "Repairs and Supplies," which shall have cognizance of all repairs and supplies of and for roads and avenues, public pavements, repairs to public buildings, to fire engines and apparatus of Fire Department, and the chief officer thereof shall be called the "Commissioner of Repairs and Supplies." There shall be four bureaux or branches in this department, and the chief officers shall be respectively denominated the Superintendent of Roads," "Superintendent of Repairs to Public BuildSuperintendent of Pavements," and "Chief Engineer of the

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ings,

Fire Department."

§14. There shall be an Executive Department, to be denominated the "Department of Streets and Lamps," which shall have cognizance of procuring the necessary supplies for, and of lighting the public streets and places, lighted at the expense of the Corporation; and of cleaning the public streets, and collecting the revenue arising from the sale of manure, and also of the transferring of butchers' stalls in the public markets. The chief officer thereof shall be denominated the "Commissioner of Streets and Lamps." There shall be three bureaux in this department, and the Superintendent of Lamps and chief officers thereof shall be called the " Gas," "Superintendent of Streets," and "Superintendent of Markets."

§15. There shall be an Executive Department, under the denomination of the "Croton Aqueduct Board," which shall have charge of the Croton Aqueduct, and all structures, and works, and property connected with the supply and distribution of water to the city of New York, and the undergronnd drainage of the same; and of the public sewers of said city; and the collection of the revenues arising from the sale of the water, with such other powers and duties as shall or may be prescribed by law. The chief officers thereof shall be called the President, Engineer and assistant Commissioner, who, together, shall form the Croton Aqueduct Board, and hold their offices for five years. There shall be a bureau in this department for the collection of the revenues derived from the sale of the water, and the Water Register." chief officer thereof shall be called the "

§16. There shall be an Executive Department, under the denomination of the "City Inspector's Department," which shall have cognizance of all matters relative to the public health of said city, and the chief officer City Inspector." thereof shall be called the "

§17. There shall be an Executive Department, known as the "AlmsHouse Department," which shall have cognizance of all matters relating to the Alms-house and prisons of said city; the chief officers thereof shall be called the "Governors of the Alms-House." They shall consist of the number, derive and hold their offices, and be charged with the duties, powers and responsibilities as prescribed by the act entitled "An act to provide for the government of the Alms-House and Penitentiary, in the City and County of New York."

§ 18. There shall be an Executive Department, known as the "Law Department," which shall have the charge of, and conduct all the law business of the Corporation, and of the departments thereof, and all other law business in which the city shall be interested, when so ordered by the Corporation; and shall have the charge of, and conduct the legal proceedings necessary in opening, widening or altering streets; and draw the leases, deeds, and other papers connected with the Finance Department, and the chief officer thereof shall be called the "Counsel to the Corporation." There shall be a bureau in this department, the chief officer of which shall be denominated the "Corporation Attorney." There shall be a bureau in this department, the chief officer of which shall be called the "Public Administrator."

§ 19. It shall be lawful for the Common Council of said city to establish such other departments and bureaux as they may deem the public interest may require, and to assign to them and those herein created, such duties as they may direct, not inconsistent with this act; but no expense shall be incurred by any of the departments or officers thereof, whether the object of expenditnre shall have been ordered by the Common Council or not, unless an appropriation shall have been previously made concerning such expense; and no member of the Common Council, head of department, chief of bureau, deputy thereof, or clerk therein, or other officer of the Corporation, shall be directly or indirectly interested in any contract, work, or business, or the sale of any article, the expense, price, or consideration of which is paid from the city treasury, or by any assessment levied by any act or ordinance of the Common Council, nor in the purchase of any real estate or other property belonging to the Corporation, or which shall be sold for taxes or assessments.

§ 20. The heads of departments, except the Croton Aqueduct Board, shall be elected every three years by the people. In case of vacancy of any of said heads of departments, by removal from office or otherwise, the Mayor, by and with the advice and consent of the Board of Aldermen, shall appoint a person to fill the same until the vacancy shall be filled by the electors at the next charter election. The heads of departments shall nominate, and by and with the consent of the Board of Aldermen, appoint the heads of bureaux in their several departments, except the Chamberlain of the city of New York, the Receiver of Taxes, and the Chief Engineer of the Fire Department. The heads of departments shall also in like manner appoint the clerks in their immediate offices. The heads of bureaux shall nominate, and with the consent of the Board of Aldermen, appoint all clerks in their respective bureaux. The Mayor shall nominate, and by and with the consent of the Board of Aldermen, appoint the Chamberlain of the city of New York, the chief officers of the Croton Aqueduct Department, and the Receiver of Taxes. The Chief of the Fire Department shall be elected in the same manner as is now, or may hereafter be prescribed by law. The number of officers and clerks in the several departments shall be prsscribed by the Common Council. The terms of all charter officers, not prescribed by law of the state, shall be fixed by the Common Council. All officers whose appointments are not otherwise provided for, shall be elected or appointed in such manner as the Common Council shall by law prescribe. Any officer of the city government, except the Mayor and members of the Common Council, may be removed from office by concurrent resolution of both branches of the Common Council; provided that no removal shall take place until the party sought to be removed has had an opportunity to be heard in his defence, and unless two-thirds of the whole number of both branches vote