Seventh ward. All that part of said city lying north of the center line of Nineteenth street and bounded on the west by the center line of Third avenue. Eighth ward. All that part of said city lying north of the center line of Nineteenth street, bounded on the east by the center of Third avenue, and on the west by the center line of Seventh avenue. Ninth ward. All that part of said city lying north of the center line of Nineteenth street and west of the center line of Seventh avenue. § 4. Definitions. Unless otherwise stated, whenever used in this act: 1. "Person" includes a natural person, corporation, company, association, joint stock association, estate, firm and copartnership. 2. "Officer" includes all persons elected to office by the electors of the city or any division thereof; the heads of departments; the members of all boards and commissions appointed by the mayor and the city clerk. 3. "Employee" includes all persons other than an officer, as herein defined, whose salary or compensation is paid out of the city treasury. 4. "Street" includes avenue, road, alley, lane, highway, boulevard, concourse, driveway, bridge, tunnel, subway, parkway and every kind of public road, square and place. 5. The term "real property," as used in this act, includes all lands, land under water, the water of any river, pond or stream, all easements and hereditaments, corporeal and incorporeal, and every estate, interest and right, legal and equitable, in lands or water, or any privilege or easement therein, including terms for years and liens thereon by way of judgment, mortgage or otherwise, and all claims for damages to such real property. 6. The words "the board," "the department," "the court," "the commissioner," used in this chapter, mean the board, department, court or commissioner whose duties and powers are prescribed in this chapter. 7. The "fiscal year" of the city shall be the calendar year. 8. "Local improvement" includes the construction of curbs, gutters, sidewalks, drains, culverts and sewers, and the opening, extending, widening, grading and paving of streets. ARTICLE II. OFFICERS AND ELECTIONS. Section 5. Officers enumerated. 6. Elective officers. 7. Appointive officers. 8. Qualifications. 9. Term of office of elective officers. 10. Term of office of appointive officers. 11. Certificate of appointment. 12. Official oath and undertaking. 13. Restrictions; officers not to be interested in contracts. 14. City elections. 15. Resignations. 16. Vacancies. 17. Fixed salaries. 18. Additional fees *for compensation not to be paid. Section 5. Officers enumerated. The officers of the city shall be a mayor, a president of the common council, a city judge, a chamberlain, a city clerk, a corporation counsel, a city engineer, two assessors, four school commissioners, who shall be the members of the board of education, three supervisors, an alderman for each ward, one health officer and city physician, a superintendent of public schools, a commissioner of public works, a commissioner of public safety, a commissioner of charities, a sealer of weights and measures, a plumbing board consisting of five persons, one city marshal and three civil service commissioners, and so many commissioners of deeds as the board of aldermen shall deem necessary. ors. 6. Elective officers. There shall be elected by the qualified electors of the city, a mayor, president of the common council, judge of the city court, four school commissioners, and two assessThere shall be elected by the qualified electors of each ward of the city an alderman. There shall be elected by the qualified electors of the first, second and third wards one supervisor, by the qualified electors of the fourth, fifth and sixth wards one supervisor and by the qualified electors of the seventh, eighth and ninth wards one supervisor. So in original. There shall also be elected by the qualified electors of the city and of the wards thereof such other officers as may be provided by law. § 7. Appointive officers. There shall be appointed by the mayor, three civil service commissioners, a corporation counsel, city engineer, chamberlain, commissioner of public works, commissioner of public safety, commissioner of charities, two city marshals, a plumbing board of five persons as provided by the general city law, and a sealer of weights and measures. Other officers may be appointed as provided in this chapter or otherwise by law. All appointments to any city office shall be evidenced by a certificate in writing, signed by the appointing officer and filed forthwith in the office of the city clerk. If an appointment be made by the common council such certificate shall be signed by the officer presiding at the time the appointment was made and attested by the city clerk. § 8. Qualifications. Every person elected or appointed to office must be an elector of the city, except the superintendent of schools and the city engineer. A person elected to the office of alderman must be an elector of the ward from which he is elected, and a person elected to the office of supervisor must be an elector in one of the wards from which he is elected, which wards shall constitute a supervisor's district. No person shall be eligible to the office of judge of the city court or of corporation counsel unless he has been admitted to practice as an attorney and counsellor in the supreme court of the state of New York, and has had at least three years' active practice of his profession. If an officer ceases to be a resident of the city, or if a supervisor ceases to be a resident of the supervisor's district or an alderman ceases to be a resident of the ward from which he is elected, his office thereupon shall become vacant. No person shall at any time hold more than one office in the city except as provided in this act; upon his acceptance of a second office, the first office shall become vacant. § 9. Term of office of elective officers. The term of office of an elective officer, unless elected to fill a vacancy then existing, shall commence on the first day of January next succeeding his election. The term of office of the mayor, the president of the common council, the judge of the city court, the assessors, the aldermen and the supervisors shall be two years, and the term of office 1 L. 1909, ch. 26, art. 4. of the school commissioners shall be four years, except that the term of the mayor, the president of the common council, the judge of the city court, the assessors, and the aldermen who shall be elected at the general election which shall be held in the year nineteen hundred and twelve, shall be three years and the terms of two of the school commissioners, elected at said election, shall be three years, and the terms of the other two school commissioners shall be five years. The elective officers now in office except as hereinafter provided shall continue to hold their respective offices until and including the thirty-first day of December, nineteen hundred and twelve. § 10. Term of office of appointive officers. The term of each officer appointed by the mayor shall be as follows: The term of the chamberlain, the corporation counsel, the city engineer, the commissioner of public safety, the commissioner of public works, the commissioner of charities, the civil service commissioner, the sealer of weights and measures, the city marshals, shall be two years, unless sooner removed by the mayor, except that the terms of said officers who shall be appointed by the mayor who shall be elected in the year nineteen hundred and twelve shall be three years, unless sooner removed by the mayor. The term of the clerk of the common council shall be two years, except the clerk who shall be chosen by the common council elected in the year nineteen hundred twelve shall be three years. The term of office of each appointive officer shall begin on the day succeeding his appointment and qualification, unless a different date is specified in the certificate of appointment, or in this act. Where the term of office of an appointive officer is not specifically fixed by statute it shall be deemed to continue only during the pleasure of the officer, officers, board or body authorized to make the appointment. The appointive officers now in office shall continue as such officers until their successors shall be appointed and shall qualify; but for the purpose of appointing such successors their respective office shall be deemed to be vacant. Such vacancies shall be filled and such officers appointed by the mayor, officer or board authorized by this chapter to make original appointments, within thirty days after this chapter takes effect. § 11. Certificate of appointment. Every appointment to a city office must be made by a certificate in writing signed by the appointing officer or, if made by a board, by the presiding officer thereof, and filed in the office of the city clerk. 12. Official oath and undertaking. Before entering upon his duties, any officer must take and file with the city clerk the constitutional oath of office. No person elected or appointed to a city office shall enter upon or continue in the discharge of the duties of his office until he shall have executed and filed with the city clerk the official undertaking, if any, required to be given and the same shall have been approved as to its form and validity by the corporation counsel and as to the sufficiency of the sureties by the mayor. All such undertakings shall be recorded in the office of the city clerk. In addition to the city officers required in this chapter, or otherwise by law, to give official undertakings, the common council may require any other city officer to give an official, undertaking in such penal sum and with such conditions and sureties as it shall direct and approve. It may also, in a proper case, require an undertaking of any officer in addition to that required by law. The mayor shall examine the sufficiency of the proposed sureties of any officer or person from whom an official undertaking is required and may require such sureties to be examined on oath as to their property qualifications and liabilities. The deposition of each surety shall be reduced to writing, subscribed by him, certified by the officer administering the oath and annexed to and filed with the undertaking. In case any city officer shall fail to file the required official undertaking, if an elective officer, within thirty days after receipt of his certificate of election, and if an appointive officer, within fifteen days after receipt of notice of his appointment, the office shall be deemed to be vacant and the vacancy shall be filled in the manner herein provided for the filling of a vacancy therein happening otherwise than by expiration of term. The official undertaking of a city officer shall not be a lien upon real estate owned by him or the sureties on such undertaking. 13. Restrictions; officers not to be interested in contracts. No person shall, at the same time, hold more than one city office. Upon the acceptance by a city officer of a second office the office first held by him shall thereupon become vacant. No member of the common council or other officer or employee of the city, or person receiving a salary or compensation from funds appropriated by the city, shall be interested directly or indirectly in any contract to which the city is a party, either as principal, surety or otherwise; nor shall any such member of the common council, city 2 See constitution, art. 13, § 1; public officers law (L. 1909, ch. 51), § 10. |