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Transcript of Johnstown’s Charter Development Center for Research Regional Engagement and Outreach – SUNY New...
Johnstown’s Charter Development
Center for Research Regional Engagement and Outreach – SUNY New Paltz
January 26, 2015
Evolution of Johnstown City Government
• Five charters• Years of adoption or major revision
1895, 1905, 1948-49, 1962, 2001• Change also occurred in some years by amendment• The changing provisions of these charters shows how
thinking has evolved regarding the desired structures and processes for governing the city.
• Focal points:– Elected offices– Appointed Offices and functions– Powers and duties
Johnstown’s Population ChangeThe government was set up for a bigger place, competitive and expecting to grow
Year Population % change NYS Cities (W/O NYC)• 1982 11,132*• 1950 10,923 -1.9• 1960 10,390 -4.9• 1970 10,045 -3.3• 1980 9,360 -6.8• 1990 9,058 -3.2• 2000 8,511 -6.0• 2010 8,374 -1.6• Total (1950-2010) -23.3%• Total (1950 - 2000) -22.1% -24.4http://www.osc.state.ny.us/localgov/pubs/research/pop_trends.pdf
* “Exhibit Showing the Enumeration of the State in Counties, Cities, Towns and Villages for the Year 1892,” Census of New York State. http://128.121.13.244/awweb/main.jsp?flag=browse&smd=1&awdid=1
Johnstown’s first charter (1895)
• An act of the state legislature– Chapter 568 Laws of 1895 (141 pp.)– Formed from parts of the Town of Johnstown,
including former Village of Johnstown (1808)• One of 18 New York cities created between
1880 and 1900– Amsterdam – 1895– Gloversville - 1890
Johnstown’s 1895 Charter – Elected Offices
• Citywide– Mayor– Recorder– Chamberlain– Assessor– Board of Education (9)– Justices of the Peace (2)– Constables (2)– Alderman at Large– Water Commissioner at
Large
• From Four Wards– 8 Aldermen (2/ward)– 4 Water Commissioners– 4 Supervisors
Johnstown’s 1895 Charter –Terms of Office – Elected Officials
Municipal Officials• 2 year terms
No term limits
Education Board Members • 3 year overlapping terms,
cohorts of three
No term limits
Johnstown’s Second Charter1905
• 1905 - Revised and replaced the 1895 charter– Chapter 593 Laws of 1905 (135 pp)
• This was the baseline document for Johnstown thru 2001
Johnstown’s 1905 Charter4 Fewer Elected Offices
Citywide– Mayor– Recorder– Chamberlain– Assessor– Alderman at Large– Water Commissioner at Large– Board of Education Members
(9)Note: No Elected Justices of the Peace or Constables
From Four Wards• 8 Aldermen (2/ward)• 4 Water Commissioners• 4 Supervisors (county reps.)
Amendments to the 1905 Charter
• 1917 – Removed sections 220-241 of the charter concerning education– (reflects statewide change separating the
education function form other local government) functions)
– Removes 9 elected offices from charter• 1919 – Chapter 26 – Reduced number of
aldermen to 4.– Removes 4 elected offices from charter
State Constitution – Home Rule for Cities - 1923
• Provided for charter change by local action, without passage of state law.
Johnstown - Local Law No. 2 - 1933Water Board Abolished
• “Section 1. The board of water commissioners and the offices of water commissioner-at-large and of water commissioners and of superintendent of water works are hereby abolished.”
• Duties of:– Water Board transferred to Common Council– Commissioner-at-large transferred to Mayor– Water Commissioners transferred to Aldermen– Superintendent transferred to City Engineer
Johnstown –Local Law 2 -1948
• Revised charter provision for elective officers to reflect 1933 Local Law No. 2 (abolition of Water Board, including all 4 Water Commissioners and the Water Commissioner-at-large)
• “Section 10. City Officers. 1. The elective officers of the city shall be a mayor, a city judge and recorder, a chamberlain, an assessor, an alderman-at-large, one alderman and one supervisor for each ward.”
Johnstown’s 1949 Charter
• Incorporated changes resulting from adoption of Johnstown Local Law 2 of 1948
Johnstown’s 1949 Charter Elected Officials
Citywide• Mayor• City Judge and Recorder• Chamberlain• Assessor• Alderman at Large
From Four Wards• 4 Aldermen• 4 Supervisors
Johnstown’s 1949 CharterElected Officials – Terms of Office
• All elected officials’ terms of office are four years.
• No term limits
Johnstown’s Appointed officials1949 charter
• City clerk• City attorney• City engineer• Acting recorder• Commissioner of Public Health and Welfare• Board of Health (6 members)• Inspector of Plumbing• Fire chief and two assistant chiefs• Chief of police, uniformed police and special police as common
council provides• Up to 10 Commissioners of deeds • Other appointive officers as may be authorized by general law
Johnstown’s 1949 CharterMajor Charter Provisions
I. Incorporation and definition of boundariesII. City officersIII. Powers of Mayor, Clerk and CouncilIV. Chamberlain (finance)V. Assessment (taxes)VI. Streets and sewersVII. WaterVIII. PoliceIX. FireX. HealthXI. RecorderXII. City CourtXIII. Miscellaneous
Johnstown’s 1962 Charter Elected Officials
Citywide• Mayor• City Judge and Recorder• Chamberlain• Alderman at Large• (Note: Assessor now
appointed)
From Four Wards• 4 Aldermen• 4 Supervisors
Alternative Forms of City GovernmentCurrently Used in New :York State
• Strong Mayor– Separation of powers between executive and legislative branches– Mayor is elected chief executive
• Weak Mayor– No separation of Powers – Elected Mayor serves as a member of council and presides– Most governing power resides in Council - Mayor’s executive powers limited
• Council Manager– No Mayor, or ceremonial Mayor. – Governing powers reside in elected Council– Professional manager appointed by Council serves as executive
• Commission (rare)– Commissioners elected citywide serve individually as heads of specific
departments and collectively as City Council
Johnstown, like most modern cities,uses a hybrid governmental structure
• Mayor – “Chief executive and administrative Officer”• Mayor presides over the Council– may introduce and veto legislation– Affects quorum requirement, as 1 + ½ is in fact 4
(majority = 2/3) – has only a casting vote, used at his or her option
• There are five other Council members– odd number and – charter definition of majority as three members likely makes use of casting vote uncommon
Johnstown’s Current (2001) CharterElected Officials
Citywide• Mayor• Council member at large• City Court Judge• City Treasurer (Note:
Chamberlain abolished and replaced)
• Water board members (5) (Note: Reinstated sometime between 1962 Revision and 2001)
From Four Wards• 4 Council members• (Supervisors from City are
county officials)
Johnstown Elected Officials – 2001 Charter – Terms of Office
• All are four years except:– Water board members serve for three years– Under State law, judge serves for 10 years
• No term limits
Johnstown 2001 Charter - Provisions
• Incorporation and Boundaries• Elected Officers• Mayor and Council• Treasurer (Finance)• Assessment (Taxes)• Water• Appointed Officers• Administration (Specified Departments)• Ethics• Transition
Johnstown Charter – 2001Appointed Offices
• City Clerk and Deputy• City Attorney• City Engineer and Deputy• Assessor• Assistant City Court Judge• Members of Boards, Commissions and Committees• Commissioners of Deeds (# to be determined by
Council)• Others as may be provided for “herein”
Johnstown Charter (2001) – Departmental Duties Specified
• City Clerk• City Engineer• City Attorney• City Court• Police Department• Fire Department• Public Library• Health Office and Board of Health• Zoning Board of Appeals• Planning Board• Senior Citizen Center• Plumbing and Electric Boards
Johnstown’s Recent Charter History
• Current charter – Effective 2001• Previous charter – Adopted in 1962– Note: This was the year of adoption of the current
Home Rule provision to the NYS constitution and current Municipal Home Rule Law
City of Johnstown – TrendNumber of Elected Offices
City of Johnstown - Charter Provisions for Elected Offices
Office Year of Charter1895 1905 1917 1919 1948* 1962** 2001
Mayor 1 1 1 1 1 1 1Recorder 1 1 1 1Chamberlain 1 1 1 1 1 1Assessor 1 1 1 1 1Alderman at Large 1 1 1 1 1 1Council member at large 1
Bd. of Education 9 9 9 9
Water Commr. At Large 1 1 1 1Justices of the Peace 2
Constables 2City Judge and Recorder 1 1City Ct. Judge 1Treasurer 1Ward Aldermen 8 8 8 8 4 4Ward Council members 4Ward Water Comrs. 4 4 4 4Water Commissioners 5Ward Supervisors (County) 4 4 4 4 4 4
35 31 22 22 13 12 13
* Local law 2 of 1948 abolished elected water board
** Continues 1905 charter as base document - Makes no direct changes in Water Department Provisions. §319 - Leaves not inconsistent provisons in force