Imágenes de páginas
PDF
EPUB

THE REVISED NEW-YORK CITY CHARTER.

A revision of the charter of the city of New-York, which was drawn up by the Charter Revision Commission and passed in an amended form April 4, 1901, by the legislature, was subsequently approved by Governor Odell, and therefore is now a law. After its passage several supplementary acts were passed by the legislature, and these also are laws.

The legislative power of the city was vested in two houses, known respectively as the Council and the Board of Aldermen. The charter revision conferred all legislative power upon a Board of Aldermen, The aldermen were to be elected The Board of in November, 1901, and every two years thereafter. The president Aldermen. of the Board of Aldermen is elected every four years by the city at large. There are seventy-three aldermanic districts, consisting of one in each Assembly district in the counties of greater NewYork, with the exception that two representatives each are granted to the XXIst, XXIIId, XXXIst and XXXIVth Assembly districts of New-York County, four representatives to the XXXVth Assembly District of New-York, two to Chester, New-York County, two to the town of New-Utrecht, in the Borough of Brooklyn, two to the town of Newtown in Queens County, two to the town of Jamaica in Queens County, one to the town of Castleton, one to the towns of Middletown and Southfield, and one to the towns of Northfield and Westfield--the last five named towns all in Richmond County. The president of the Board of Aldermen possesses all the powers of the Mayor during his disability or absence. The Aldermen receive salaries of $2,000 a year.

No ordinance can be passed except by a vote of a majority of all the members of the Board of Aldermen. The act says that "in case the ordinance or resolution involves the expenditure of money, the creation of a debt, or the Powers of the Board laying of an assessment, it shall require a vote of threeof Aldermen. fourths of all the members of the Board of Aldermen to pass it over the Mayor's veto; and if it involves the grant of a franchise, the Mayor's veto shall be final." It declares that "the Board of Aldermen shall have power to make, establish, alter, modify, amend and repeal all ordinances, rules, and police, health, park, fire and building regulations." Also that "the Board of Aldermen is authorized to grant from time to time to any corporation thereunto duly authorized the franchise or right to construct and operate railways in, upon, over, under and along streets, avenues, waters, rivers, public places, park ways or highways of the city, but no such grant shall be made except upon the limitations and conditions of this act elsewhere provided in respect of the grant by the Board of Aldermen of franchises and rights in or under the streets, avenues, waters, rivers, public places, parkways and highways of the city." The Board of Aldermen is given authority to pass ordinances in regard to theatres, the markets, the hotels, the fire limits, use of vaults, and to fix the annual fee, not exceeding $20, for each streetcar used in the city. The act further says: "It shall be the duty of the Board of Aldermen, upon the recommendation of the Board of Estimate and Apportionment, to fix the salary of every officer or person whose compensation is paid out of the city treasury other than day laborers and teachers, examiners and members of the supervising staff of the Department of Education, irrespective of the amount fixed by this act, except that no change shall be made in the salary of an elected officer or head of a department during his tenure of office. The Board of Aldermen may reduce, but may not increase, any salary recommended by the Board of Estimate and Apportionment; but the action of the Board of Aldermen on reducing any salary so recommended shall be subject to the veto power of the Mayor, as provided in Section 40 of this act. In case the Board of Aldermen shall vote to reduce more than one salary, the Mayor may approve the reduction of one or more salaries, and may disapprove the reduction of others. In such case the reductions he shall approve shall become effective; and as to those which he shall not approve, the recommendations of the Board of Estimate and Apportionment shall become effective unless the reductions be again passed by a three-fourths vote of the Board of Aldermen."

In regard to franchises the act says: "After the approval of this act no franchise or right to use the streets, avenues, waters, rivers, parkways or highways of the city shall be granted by the Board of Aldermen to any person or Franchises. corporation for a longer period than twenty-five years, except as hereinafter provided, but such grant may at the option of the city provide for giving to the grantee the right on a fair revaluation or revaluations to renewals not exceeding in the aggregate twenty-five years. Nothing in the foregoing provisions of this section contained shall apply to consents granted to tunnel railroad corporations, and the Board of Aldermen is hereby authorized in its discretion to grant a franchise or right to any railroad corporation to use any of said streets, avenues, waters, rivers, parkways or highways in the city of New-York for the construction and operation of a tunnel railroad underneath the surface thereof for any period not exceeding fifty years, and any such grant may at the option of the city provide for giving to the grantee the right, on a fair revaluation or revaluations, to renewals not exceeding in the aggregate twenty-five years, provided, however, that any grant to construct a tunnel railroad or renewal thereof shall only be made after an agreement has been entered into by such a tunnel corporation to pay to the city of New-York at least 8 per centum of the net profits derived from the use of any tunnel

which it shall construct, after there shall have first been retained by such company from such net profits a sum equal to 5 per centum upon the sum expended to construct such tunnel."

The Mayor of the city, the charter revision provided, should be elected in November, 1901, for a term of two years, and every two years thereafter for a like period. In 1905 the charter was amended so as to extent the mayoralty term Powers of the to four years. The salary of the Mayor is $15,000 a year. The Mayor! Mayor. may, whenever in his judgmen: the public interests shall so require, remove from office any public officer holding office by appointment from him, except members of the Board of Education, Aqueduct Commissioners, trustees of the College of the City of New-York, trustees of Bellevue and Allied Hospitals, "and except also judicial officers for whose removal other provision is made by this constitution."

The administrative departments are as follows: Department of Finance, Law Department, Police Department, Department of Water Supply, Gas and Electricity, De-, partment of Street Cleaning, Department of Bridges, DepartAdministrative ment of Parks, Department of Public Charities, Department Departments. of Correction, Fire Department, Department of Docks and Ferries, Department of Taxes and Assessments, Department of Education, Department of Health, Tenement House Department. The head of the Department of Finance is the Controller, who is to be elected at the same, time with the Mayor, and is to have like him a term of two-since 1905, four-years. All of the departments are single headed commissions, except the Park Department, which has three commissioners; the Department of Taxes and Assessments, which has five; the Department of Education, forty-six members of a Board of Education, and, the Department of Health, which has three commissioners (two ex-officio).

The Mayor must at least once a year submit to the Board of Aldermen a general statement of the finances, government and improvements of the city, keep himself informed as to the doings of the several departments and Duties of the Mayor. be vigilant in enforcing the ordinances of the city and the laws of the State. The Mayor appoints besides those already named all members of any beard authorized to superintend the erection or repair of any building belonging to the city, inspectors of weights and measures, two commissioners of accounts and five Civil Service Commissioners.

The

All

The Controller has control of the fiscal concerns of the corporation. accounts of every departinent are subject to his inspection and revision. claims against the city, except certain specified ones, are: Controller, Chamber- subject to his audit. The assent of the Controller is neceslain, Sinking Fund. sary to all agreements for the acquisition of real estate. He receives a salary of $15,000 a year. He has charge of the Wallabout Market. The Mayor appoints the Chamberlain of the city, who receives all moneys paid into the treasury of the city. His salary is $12.000 a year.. The Sinking Fund Commissioners consist of the Mayor, Controller, Chamberlain. president of the Board of Aldermen and chairman of the Finance Committee of the Board of Aldermen. This board administers the various sinking funds.

The Board of Estimate and Apportionment consists of the Mayor, the Controller, the president of the Board of Aldermen, and the presidents of the bor

The Board of
Estimate and
Apportionment.

oughs of Manhattan, Brooklyn, The Bronx, Queens and Richmond. Except as specifically provided by the charter, every act of the board must be adopted, if adopted, by "a majority of the whole number of votes authorized by this section to be cast by said board. The Mayor, Controller and the president of the Board of Aldermen shall each be entitled to cast three votes, the presidents of the boroughs of Manhattan and Brooklyn shall each be entitled to cast two votes, and the presidents of the boroughs of The Bronx, Queens and Richmond shall each be entitled! to cast one vote. A quorum of said board shall consist of a sufficient number of the members thereof to cast nine votes, of whom at least two of the members hereby authorized to cast three votes each shall be present." It is provided that this board shall annually "make a budget of the amounts estimated to be required to pay the expenses of conducting the public business of the city of New-York, and of the counties of New-York, Kings, Queens and Richmond for the next ensuing year. Such budget shall be prepared in such detail as to the titles of appropriations, the terms and conditions, not inconsistent with law under which the saine may be expended, the aggregate sum and the items thereof allowed to each department, bureau, office, board or commission, as the said Board of Estimate and Apportionment shall deem advisable." The budget is submitted to the Board of Aldermen. The act then says: "The Board of Aldermen may reduce the said several amounts fixed by the Board of Estimate and Apportionment, except such amounts as are now or may hereafter be fixed by law, and except such amounts as may be inserted by the said Board of Estimate and Apportionment for the payment of State taxes and payment of interest and principal of the city debt, but the Board of Aldermen may not increase such amounts nor vary the terms and conditions thereof, nor insert any new items. Such action of the Board of Aldermen on reducing any item or amount fixed by the Board of Estimate and Apportionment shall be subject to the veto power the Mayor, as elsewhere provided in this act, and unless such veto is overridden by a three-fourths vote of the Board of Aldermen, the item or amount as fixed by the Board of Estimate and Apportionment shall stand as part of the budget." The Board of Estimate and Apportionment also is directed to include in its final estimate money for the support of a large number of charitable institutions, which are named.

The Corporation Counsel, who is the head of the Law Department, receives $15,000 a year. He has charge of all the law business of the corporation, all legal proceedings in opening, widening and closing streets, in Law Department. acquiring property for the city by condemnation proceedings, and the preparation of all leases and contracts. He is the legal adviser of the Mayor, the presidents of the boroughs, the Board of Aldermen and every department.

Police Department.

The head of the Police Department is the Police Commissioner, whose term of office is five years. The act then says: "The said commissioner may, whenever in the judgment of the Mayor of said city or the Governor, the public interests shall so require, be removed from office by either, and shall be ineligible for reappointment thereto. The successor in office of the said commissioner shall also be appointed by the Mayor of the city within ten days after any vacancy shall occur, and shall be removed by either the Mayor or Governor whenever the public interests so require. The salary of said Police Commissioner shall be $7,500 a year. The said commissioner shall have the power to appoint, from citizens of the United States and residents of the said city, and at pleasure remove, three deputies, to be known as first deputy commissioner, second deputy commissioner and third deputy commissioner. The Police Department consists also of fifteen inspectors, one captain to each fifty of the total number of patrolmen, except in the rural part of the city, sergeants of police, not exceeding four in number to each fifty of the total number of patrolmen; roundsmen not exceeding four in number to each fifty patrolmen; detective sergeants to the number authorized by law; the members of the telegraph force as specified in Section 277 of this act; the superintendent and inspectors of boilers as specified in Section 342 of this act; doormen of police, not exceeding two in number to each fifty of the total number of patrolmen; surgeons of police, not exceeding forty in number, one of whom shall be chief surgeon, and patrolmen to the number of 6,382."

The president of each borough is elected for two years. He has the following powers: "He may appoint and at pleasure remove a Commissioner of Public Works for his borough, who may discharge all the administraBorough Officers. tive powers of the president of the borough relating to streets, sewers public buildings and supplies conferred upon him by this act; and who shall, in the absence or illness of such president, discharge all the duties of such president. He shall, within the borough for which he shall have been elected, have cognizance and control: (1) Of regulating, grading, curbing, flagging and guttering of streets and laying of crosswalks; (2) of constructing and repairing public roads; (3) of paving, repaving, resurfacing and repairing of all streets, and of the relaying of all pavements removed for any cause: (4) of the laying or relaying of surface railroad tracks in any public street or road, of the form of rail used, or character of foundation, and the method of construction, and of the restoration of the pavement or suface after such work; (5) of the filling of sunken lots, fencing of vacant lots, digging down lots, and of licensing vaults under sidewalks; (6) of the removal of encumbrances; (7) of the issue of permits to builders and others to use or open the streets; (8) of the construction and maintenance of all bridges and tunnels which are within his borough and form a portion of the highways thereof, except such bridges as cross navigable streams; (9) of all subjects relating to the public sewers and drainage of his borough, and shall initiate the making of all plans for the drainage of his borough, except as otherwise specifically provided in this act. He shall have charge of the construction of all sewers in accordance with said plans. He shall have in charge the management, care and maintenance of the sewer and drainage system of the borough of which he shall be president and the licensing of all cisterns and cesspools." The presidents of the boroughs of Queens and Richmond also have supervision of the street cleaning of their boroughs.

The act says in regard to the Bureau of Buildings: "There shall be in the office of each borough president a bureau to be known as the Bureau of Buildings for the Borough of The presidents of the boroughs of Bureau of Manhattan, The Bronx and Brooklyn shall, each within the borBuildings. ough for which he is elected, appoint a superintendent of buildings for the borough. The presidents of the boroughs of Queens and Richmond may, whenever appropriation is made therefor by the Board of Aldermen upon the recommendation of the Board of Estimate and Apportionment, each within the borough for which he is elected. in like manner appoint a superintendent of buildings for the borough. Each superintendent of buildings shall, within the borough or boroughs in which he has jurisdiction, have charge of the administration of, and it shall be his duty, subject to and in accordance with the general rules and regulations established by the president of the borough, to enforce such rules and regulations and the provisions of this chapter and of such ordinances as may be established by the Board of Aldermen and of the laws relating to the construction, alteration or removal of buildings or other structures erected or to be erected within such borough."

The act creates twenty-five districts of local improvements, divided as follows: 1. Richmond Borough. 2. Wards 1 and 2, Borough of Queens. 3. Wards 3, 4 and 5, Borough of Queens. 4. Third Senate District. 5. Local Boards. Fourth Senate District. 6. Wards 8. 30 and 31. Borough of Brooklyn. 7. Wards 10 and 12, Borough of Brooklyn. Senate District. 9. Seventh Senate District. 10. Eighth Senate District. Senate District. 12. Tenth Senate District. 13. Eleventh Senate District. 14. Twelfth Senate District. 15. Thirteenth Senate District. 16. Fourteenth Senate District. 17. Fifteenth Senate District. 18. Sixteenth Senate District. 19. Fifteenth and Seven

8. Sixth 11. Ninth

teenth Assembly districts of the county of New-York. 20. Eighteenth Senate District.

21. Nineteenth and Twenty-first Assembly districts of the county of New York. 22 Thirty-first and Twenty-third Assembly districts of the county of New York. 23. Twentieth Senate District and that part of the Twenty-first Senate District in the Borough of Manhattan. 24. That part of the Twenty-first Senate District in the Borough of The Bronx west of the Bronx River. 25. That part of the Twenty-second Senate District east of the Bronx River. Each local board of improvement has as its members the president of the borough wherein the district is situated, and each member of the Board of Aldermen "who represents an aldermanic district within such local improvement district." The members of the local board serve as such members without compensation. The act then says: "A local board, subject to the restrictions provided by this act, shall have power to all cases where the cost of the improvement is to be met in whole or in part by assessments upon the property benefited to niitiate proceedings for the following purposes: To construct tunnels and bridges lying wholly within the borough; to acquire title to land for parks and squares, streets, sewers, tunnels and bridges, and approaches to bridges and tunnels; to open, close, extend, widen, grade, pave, regrade, repave and repair the streets, avenues and public places, and to construct sewers within the district; to flag or reflag, curb or recurb the sidewalks, and to relay crosswalks on such streets and avenues; to set or to reset street lamps, and to provide signs designating the names of streets. All resolutions affecting more than one local improvement district or the borough generally shall be adopted only at a joint meeting of all the local boards of the borough, and by a majority of the members of said boards."

Department of Water Supply, Gas and Electricity.

The Commissioner of Water Supply, Gas and Electricity has charge of the supply and distribution of water, and also has the following duties: "Of the making and performance of certain contracts when duly authorized in accord with the provisions of this act, and for the execution of the same in the matter of furnishing the city, or any part thereof, with gas, electricity, or any other illuminant, or of steam; of the selecting, locating and removing and changing of lights for the use of the city; of the inspecting and testing of gas and electricity used for light, heating and power purposes, electric meters, electric wires and of all lights furnished to said city; and of the use and transmission of gas, electricity, pneumatic power and steam for all purposes in, upon, across, over and under all streets, roads, avenues, parks, public places and public buildings; of the construction of electric mains, conduits, conductors, and subways in any such streets, roads, avenues, parks and public places, and the granting of the permission to open streets, when approved by the borough president, and to open the same for the purpose of carrying on therein the business of transmitting, conducting, using and selling electricity, steam, or for the service of pneumatic tubes."

The Commissioner of Street Cleaning has charge of the sweeping and cleaning of the streets in the boroughs of Manhattan, The Bronx and Brooklyn, and of the removal of ashes and garbage in these boroughs. The Street Cleaning. Commissioner of Bridges has charge of all the bridges and Bridges, Parks. of the operation of the railroad on the New-York and Brooklyn Bridge, and of the construction and management of tunnels beneath navigable streams. The three Commissioners of Parks have charge of the parks in every borough; one has administrative jurisdiction in the boroughs of Manhattan and Richmond, one in the borough of The Bronx, and one in the boroughs of Brooklyn and Queens. Each Commissioner receives $5,000 salary.

An Art Commission has as its members the Mayor, the president of the Metropolitan Museum of Art, the president of the New-York Public Library, the president of the Brooklyn Institute of Arts and Sciences, one Art Commission. painter, one sculptor, one architect, and three other residents of the city of New-York. The act then says: "Hereafter no work of art shall become the property of the city of New-York, by purchase, gift or otherwise, unless such work of art or a design of the same, together with a statement of the proposed location of such work of art, shall first have been submitted to and approved by the commission."

The Department of Public Charities has as its head one Commissioner of Public Charities, whose salary is $7,500 yearly. The commisPublic Charities. sioner has charge of all hospitals, asylums, almshouses and other institutions for the care of the feeble minded, the sick

and the destitute, except certain specified institutions.

Bellevue Hospital and allied hospitals are in charge of a board of trustees of seven persons, consisting of the Commissioner of Public Bellevue Hospital- Charities and six persons appointed by the Mayor. The Department of Correction has its head one commissioner at a salary of $7,500. He has charge of all institutions for the care and custody of criminals and mis

Department of
Correction.

demeanants, except certain specified institutions.

Fire, Docks and Ferries.

The Fire Department has one commissioner as its head, who receives $2,500 a year. He has charge of the government, management, maintenance and direction of the Fire Department of the city. The Department of Docks and Ferries has as its head one commissioner, who receives $6,000 a year salary. He has exclusive charge of the wharf prop erty belonging to the city of New-York, and of the repairing, rebuilding, altering and leasing of this property. He cannot, however, make any contract or execute any deed for the wharf property unless it has first been approved

by resolution in writing passed by the Commissioners of the Sinking Fund. The Dock Commissioner also is authorized to lease the franchise of ferries.

The Department of Taxes and Assessments has at its head five commissioners, one of whom is designated as the president. The salary of the president is $8,000 a year, while that of the other commissioners is $7,000 a Taxes and year. The commissioners appoint forty deputy tax commissioners, Assessments. whose duty it is to assess all the taxable property in the several districts to which they are assigned. The act then says: "There shall be kept in the several offices established by the Department of Taxes and Assessments books to be called 'the annual record of the assessed valuation of real and personal estate of the borough of in which shall be entered in detail the assessed valuations of such property within the limits of the several boroughs of the city of New-York as established by this act, which said books shall be open for public inspection, examination and correction from the second Monday in January until the first day of April in each year; but on said last mentioned day the same shall be closed to enable the Board of Taxes and Assessments to prepare assessment rolls of the several boroughs for delivery to the Board of Aldermen,"

The Mayor is authorized to appoint three persons to make assessments for local improvements. The Controller, the Corporation CounBoard.of Assessors. sel and the president of the Department of Taxes and Assessments by the terms of the act are the Board for the Revision of Assessments.

The Department of Education has at its head a Board of Education of fofty-six members, appointed by the Mayor. The forty-six members of the Board of Education are divided as follows: Borough of ManDepartment of hattan, 22: Borough of The Bronx, 4; Borough of Brooklyn, 14; Education.

Borough of Queens, 4; Borough of Richmond, 2. The Board of Education has the management and control of the public schools of the city. The act further says: "The Board of Education shall administer all moneys appropriated or available for educational purposes in the city of New-York, subject to the general provisions of this act relating to the audit and payment of salaries and other claims by the Department of Finance. Prior to February 15, 1902, the Board of Education shall divide the boroughs under its charge into forty-six school board districts, of which twenty-two shall be wholly in the Borough of Manhattan, fourteen wholly in the Borough of Brooklyn, four wholly in the Borough of The Bronx, four wholly in the Borough of Queens and two wholly in the Borough of Richmond. There shall be in each of said districts a local school board consisting of seven members, as follows: Five persons to be appointed by the president of the borough, a member of the Board of Education designated by the president of that board, and the district superintendent assigned to duty in such district by the city superintendent. Subject to regulation by the bylaws of the Board of Education, the duties and powers of the local school boards shall be as follows: In their respective districts they shall visit, at least once in every quarter, all the schools in the district, and inspect the same, in respect to punctual and regular attendance of the pupils and teachers, the number and fidelity of the teachers, the studies, progress, order and discipline of the pupils, the cleanliness, safety, warming, ventilation and comfort of school premises, and the observance of the provisions of the school laws in respect to the teaching of sectarian doctrines or the use of sectarian books; and shall call the attention of the Board of Education, without delay, to every matter requiring official action. They shall also, on or before the first day of January and June of each year, make a written report to the Board of Education in respect to the condition of the schools, the efficiency of teachers, and wants of the district, especially in regard to schools and school premises. They shall report immediately to the Board of Education whenever additional accommodation is necessary for kindergarten or elementary school purposes, with a recommendation of the sites within their respective district which they consider it necessary to acquire for such purposes. They shall also recommend the erection of such buildings on said sites or on any other property owned by the city of New-York, and such repairs or alterations of school buildings as they deem necessary or desirable. They shall have power, and it shall be their duty, to try charges made by a principal, a district superintendent, or by any parent or guardian of a pupil, residing in the district, against a teacher employed within their respective districts, for gross misconduct, insubordination, neglect of duty or inefficiency. On recelving notice of said charges they shall immediately proceed to try and determine the case and shall fix the penalty or punishment to be imposed for the offence committed, which shall consist of a fine, suspension for a fixed time without pay, or dismissal. Their determination upon such charges and the penalty or punishment imposed therefor shall be reported immediately to the Board of Education, which may reject, confirm or modify the determinations of the local board, and the penalty or punishment] Imposed and the decision of the board shall be final except as to, matters in relation to which, under the general school laws of the State, an appeal may be taken to the State Superintendent of Public Instruction."

The Department ef Health has at its head a Commissioner of Health, the. Police Commissioner and the Health Officer of the Port. It is the duty of the Department

of Health.

Department of Health to enforce all the laws of the State in regard to the preservation of human life. This includes all laws relative to cleanliness, the sale of unwholesome food and the purity of the water supply. The Board of Health is authorized to estabLish and maintain hospitals for the care of persons sick with contagious diseases. Births, deaths and marriages are reported to the Board of Health, whose members keep a record of them.

« AnteriorContinuar »