ment, need not be a resident of said city but must be a civil engineer of at least five years' practical experience in his profession. The recorder of said city after the expiration of the term of office of the present incumbent, shall be an attorney and counselorat-law duly admitted to practice in the supreme court of the state of New York. The city judge of said city shall be an attorney and counselor-at-law duly admitted to practice in the supreme court of the state of New York and of at least five years' practical experience in his profession. § 8. Elective city officers enumerated; their terms of office and compensation. The elective officers of the city to be elected by the city at large, shall be: a mayor, whose term of office shall be two years, and whose annual salary shall be two thousand dollars; a recorder, whose term of office shall be three years, and whose annual salary shall be twelve hundred dollars; a treasurer, whose term of office shall be two years, and whose annual salary shall be fifteen hundred dollars; three assessors, the term of office of each of whom shall be three years, and each of whom shall receive an annual salary of four hundred dollars, except the chairman of such body, who shall receive an annual salary of six hundred dollars; a city judge, whose term of office shall be four years and whose annual salary shall be fifteen hundred dollars; three constables, the term of office of each of whom shall be one year, and who shall receive the same compensation for their services as constables of a town are entitled to receive for like services. The elective officers of the city to be elected by each ward shall be: one alderman, the term of office of whom shall be two years, and whose annual salary shall be three hundred dollars; one supervisor, whose term of office shall be two years, and who shall receive the same compensation for his services that a supervisor of a town of Montgomery county is entitled to receive for like services. There shall be also elected ten members of the board of education, whose term of office shall be three years and who shall be elected in the manner hereinafter provided. § 9.1a General city elections. An election for officers of the city shall be held annually on the Tuesday next succeeding the first Monday in November, at the time and places fixed for the holding of the general election on that day. Such election shall be conducted in the same manner that general elections in cities are by law required to be conducted, and all the provisions of the election law shall be applicable to the election for officers in such city, including the canvass and return thereof. The board of county canvassers of the county of Montgomery shall, forthwith upon completion of the canvass, cause its determination of the election of any officer of the city of Amsterdam to be filed in the city clerk's office of such city; and upon the filing of such determination the city clerk shall, without delay, notify in writing every person so certified to have been elected, of his election. At the annual election held in the month of November, nineteen hundred and eleven, no successors shall be elected to the eight aldermen of said city whose terms of office shall expire on the thirty-first day of December, nineteen hundred and eleven. At the annual election held in said city in the month of November, nineteen hundred and eleven, there shall be elected a city judge and three constables in the same manner as other city officers are elected, and the persons so elected shall take office on January first, nineteen hundred and twelve. la Section 9 is amended by L. 1911, ch. 717, post. § 10. Removal of elective city officers. The governor of the state may remove the mayor from office at any time upon presentation of charges against him and after opportunity for him to de fend. All pertinent provisions of law1 in respect to the removal from office of sheriffs shall apply to the removal of the mayor. The recorder and city judge may be removed by the same court and in the same manner as is now or hereafter may be provided for the removal of justices of towns. Every other elective officer of said city may be removed in the same manner and for the same cause as is provided by the statute3 known as the "Public Officers Law" for the removal of town officers. 2 § 11. Appointive city officers enumerated; by whom appointed. The appointive officers of said city shall be: a city clerk, who shall be appointed by the common council; a sealer of weights and measures, who shall be appointed by the mayor with the approval of the common council; a commissioner of public works, a commissioner of public safety, a commissioner of charities and a corporation counsel, all of whom shall be appointed by the mayor; a city engineer, who shall be appointed by the commissioner of public works; a chief engineer, assistant engineer of the fire department, a chief of police and assistant chief of police, all of whom shall be appointed by the commissioner of public safety. There shall also be such other appointive officers as may be authorized by general laws, all of whom shall be appointed 1 See constitution, art. 10, § 1; county law (L. 1909, ch. 16), § 186. See code of criminal procedure, § 132. L. 1909, ch. 51. See § 36. 4 . : in pursuance of such general laws. In each official year of the city, a successor shall be appointed to each appointive city officer having a fixed term of office expiring during such official year. § 12. Notice to persons appointed to office. Upon the appointment of any officer, the mayor, common council, board or other officer making the appointment, shall forthwith file a certificate of such appointment with the city clerk; immediately after the filing of said certificates, the city clerk shall give notice in writing to each person so appointed of his appointment to office. § 13. Terms of office of appointive officers. The term of office of the city clerk shall be two years, except that the term of the city clerk shall not extend beyond that of the common council appointing him; of the corporation counsel, the commissioner of public works, the commissioner of public safety and the commissioner of charities, two years; of the sealer of weights and measures, one year, none of whose terms shall extend beyond that of the mayor appointing him; of the city engineer, at the pleasure of the commissioner of public works, but the term of office of any city engineer shall not extend beyond that of the commissioner appointing him; the commissioner of public safety shall appoint a chief engineer of the fire department and a chief of police, an assistant engineer of the fire department, and an assistant chief of police. § 14. Suspension and removal of appointive city officers. The mayor may orally or in writing suspend, for ten days or less, at any one time, any officer of said city appointed by him or by the common council, but he shall not suspend the same person more than twice in any one year; in case of the suspension of the city clerk or the scaler of weights and measures, the mayor shall forthwith report to the common council the reason for such suspension, and may file charges against such officer; it shall be the duty of the common council forthwith to hear such charges, giving the officer suspended reasonable notice thereof and a reasonable oppor tunity to be heard, and the common council shall remove such officer, if, in its judgment, there be sufficient grounds therefor. The mayor may summarily remove any officer appointed by him. The common council may remove any officer appointed by it for any cause by it deemed sufficient, upon charges, giving such officer reasonable notice thereof and a reasonable opportunity to be heard and such officer may be suspended by said board for not more than thirty days, pending the determination of such charges. § 15. Compensation of appointive city officers. The following ap pointive city officers of said city, namely: The city clerk, the corporation counsel, the city engineer, the chief of police, the assistant chief of police, the chief engineer of the fire department, the assistant chief engineer of the fire department, the sealer of weights and measures, the commissioner of public works, the commissioner of public safety and the commissioner of charities shall be entitled to receive from the city such compensation for their services as may be fixed by the common council of said city. § 16. Commencement and expiration of terms of office; holding over. The term of office of each officer elected at the annual city election shall commence with the first day of January next succeeding. The term of each appointive city officer shall commence with the first day of January of the official year in which the appointment is required to be made. Every city officer shall continue to hold office until his successor shall be chosen and shall have qualified, and no longer. In case any appointment to office is delayed beyond the time herein fixed therefor, the term of such appointee shall nevertheless expire at the time it would have expired if such appointment had not been delayed. § 17. Filling vacancies. If a vacancy shall occur, otherwise than by the expiration of term, in any elective office of the city, the common council shall, except as otherwise provided by law, appoint a person to fill such vacancy until the first day of January next succeeding the next city election, at which the residue of the term of such office, if any, may be lawfully filled by election. If the term of office of the officer vacating his office con tinues beyond the official year in which such vacancy occurs, a person shall be elected at the next annual city election after the occurrence of such vacancy to fill such vacancy for the remainder of the unexpired term. A vacancy occurring in any appointive office of the city, otherwise than by expiration of term, shall be filled, for the balance of the unexpired term, by the same authorities and in the same manner as an appointment for a full term. $18. Official salaries, when payable; fees and perquisites. The salaries of all officers shall be paid in instalments at least once in each month. The compensation fixed for the several officers shall be in full for all services which they shall respectively perform for said city in connection with their offices. No officer of the city, except commissioners of deeds and the constables of said city, shall have or receive to his use any perquisites, compensation or fees for services pertaining directly or indirectly, or which may hereafter be added to the duties of his office, in addition to his salary; and all perquisites, compensation and fees paid to and received by any officer for services pertaining directly or indirectly, or which may hereafter be added to the duties of his office, other than his salary received from the city, shall be the property of the city and shall be paid by the officer receiving the same into the city treasury, to the credit of the general fund. The compensation of all the officers, clerks and subordinates in the several departments shall not exceed in the aggregate the appropriation made by the common council in the annual budget for that purpose. TITLE III. CITY OFFICERS; THEIR GENERAL POWERS, DUTIES AND LIABILITIES. § 19. Oath of city officers. Every person elected or appointed to any office under this act, shall, before assuming the same, take the oath of office prescribed by the constitution of this state and file the same in the office of the city clerk, and every person who shall omit to take and file his oath of office within the time prescribed by law shall be deemed to have declined the office and said office shall thereupon become vacant. Each commissioner of deeds and each city officer, who by the provisions of this act, is given the same powers as a commissioner of deeds, shall forthwith upon his election or appointment file a certificate of such election or appointment with, and also take and subscribe the constitutional oath of office before the clerk of the county of Montgomery. § 20. Official bonds of city officers. Except as otherwise provided by this act, all officers required by this act, by general law, or by the common council, to give a bond, shall severally, before they enter upon the duties of their offices, make, execute and deliver a bond to the city of Amsterdam in such penal sum as this act, or the common council directs, and with such sureties as the mayor and common council approve, conditioned that they shall faithfully discharge the duties of their respective offices and promptly account for and pay over all moneys or property received by them respectively as such officers. All official bonds except as otherwise herein provided shall be filed with the city clerk. Any officer failing to comply with the foregoing provisions shall be subject to the penalties and liabilities prescribed by law. 4 See constitution, art. 13, § 1; public officers law (L. 1909, ch. 51), & 10. See public officers law, § 30, subd. 7. |