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after the adjournment of the Board, be published with the yeas and nays, and with the names of the persons voting for or against the same, in the newspapers employed by the Corporation, as part of the proceedings. (§37.) He shall publish ordinances and parts of ordinances which shall be passed in the Board of Aldermen. (§37.)

He shall be clerk of the Board of City Canvassers, and shall within five days from the filing in his office of the statement by the Board of the result of the Charter election, give notice to the persons declared elected. (§ 53.)

He shall countersign warrants drawn by the Comptroller. (§ 22.)

Of the Clerk of the Board of Councilmen.

He shall publish the proceedings (except such as require secrecy) in the Corporation newspapers. (§ 37.)

Whenever a vote shall be taken in the Board upon the passage of an ordinance which shall contemplate any specific improvement, or involve the sale, disposition or appropriation of public property, or the expenditure of public money, or income therefrom, or lay any tax or assessment, such ordinance shall, before being sent to the other Board, and immediately after the adjournment of the Board, be published with the yeas and nays, and with the names of the persons voting for or against the same, in the newspapers employed by the Corporation, as part of the proceedings. (§ 37.)

He shall publish ordinances and amendments of ordinances which shall be passed. (§ 37.)

He shall appoint and remove at pleasure deputy clerks in his department to the number authorized by ordinance. (§ 36.)

Provisions relating generally to Officers of the City

Government.

Officers holding under the Charter of 1857, shall be deemed to have vacated their offices when they shall, during their term of office, hold or accept any other civil office under the United States Government, or under the Charter, or when they shall receive any fees or emoluments directed to be paid by any ordinance of the Common Council, except as provided in the Charter. (§ 10.)

Officers of departments cannot incur expense unless an appropriation shall have been made covering the expense, whether the object of expenditure shall have been ordered by the Common Council or not. (§ 28.)

Officers of the Corporation are prohibited in general from having any personal interest in matters connected with the interests of the city. (§ 28.)

The accountability of disbursing and receiving officers shall be provided for by the Common Council, by requiring of them adequate security; such security to be annually renewed; but the security first taken to remain until new security is provided. (§§ 30-45.)

Officers under the city government (whether appointed or elected) shall, on or before the first day of January next succeeding each election, or within five days after receiving notice of such appointment, subscribe an oath or affirmation faithfully to perform the duties of their office, which oath or affirmation shall be filed in the Mayor's office. (§39.)

Any person swearing falsely to an oath or affirmation required under this Charter, shall be guilty of perjury. (§ 40.)

Provisions respecting the retention of office of those elected under former laws, until their successors are chosen under the Charter of 1857 shall take office, are specifically set forth in § 51.

Any officer of the city government, or person employed in its service, who shall wilfully violate any of the provisions of the Amended Charter; or

Who shall evade any of said provisions; or

Who shall commit any fraud upon the city; or

Who shall convert any of the public property to his own use; or Who shall knowingly permit any other person so to convert it, shall be deemed guilty of a misdemeanor; and in addition to the penalties imposed by law, such officer shall forfeit his office and be excluded forever after from receiving or holding any office under the City Charter. (§ 40.)

No officer under the Charter of 1857, except the Collector of the City Revenue, the Collector of Assessments, the Clerk of Arrears, the Counsel to the Corporation, the Inspector of Vessels, (and the City Inspector, from certain sources detailed under his department,) shall receive from the Corporation any perquisites, compensation or commission, except a salary. (§ 44.)

Officers created by or holding office under the Amended Charter of 1857, other than the Mayor, Counsel to the Corporation or Comptroller, may be presented by the Grand Jury, but only upon testimony of witnesses personally cognizant of the facts, and after the person so charged shall have had a reasonable opportunity to appear before said Grand Jury in person in explanation thereof. (See further § 49.)

Persons guilty of bribery of members or officers of the Corporation shall, upon conviction, be imprisoned in a penitentiary for a term not exceeding two years, or shall be fined not exceeding five thousand dollars, or both, in the discretion of the court. (§ 52.)

Any members or officer of the Corporation accepting bribes, shall, upon conviction, be disqualified from holding any public office, trust, or appointment under the Charter of the city of New York, and shall forfeit his office, and shall be punished by imprisonment in the penitentiary not exceeding two years, or by a fine not exceeding five thousand dollars, or both, in the discretion of the court. (§ 52.)

Persons proffering or accepting bribes, shall be competent witnesses against any other person offending in the same transaction, and may be compelled to appear and give evidence before any Grand Jury, or in any court, in the same manner as other persons; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. (§ 52.)

Officers receiving fees (except those who are by charter allowed to retain them) are required, on receipt thereof, to pay the same into the city treasury. (§ 44.)

The salaries of officers under the Charter of 1857, shall be prescribed by ordinance of the Common Council, to be approved in the same manner as in the case of ordinances for raising and appropriating the money or dis posing of the property of the city. (§ 44.)

Provisions applicable to all Executive Departments.

Executive power is vested in them. (§ 16.)

The Common Council may assign to them any duties not inconsistent with the Charter. (§ 28.)

The departments or the officers thereof cannot incur expense unless an appropriation shall have been made covering the expense, whether the object of expenditure shall have been ordered by the Common Council or not. (§ 28.)

All accounts rendered to, or kept in any of them, are subject to the inspection and revision of the Department of Finance. (§ 22.)

Until the Common Council shall otherwise direct, the existing ordinances shall apply to the departments so far as the same are applicable, and are not inconsistent with the Amended Charter. (§ 32.)

1. As to Clerks to the Departments-Their number shall be as fixed by the Common Council. (§ 21.)

They shall be appointed and removed by the heads of the different departments. (§ 21.)

2. As to Clerks in the Departments and Bureaux-They shall hold office during the same term enjoyed by the heads of departments, unless sooner removed. (§21.)

Of Contracts.

All contracts shall be entered into by the appropriate heads of departments. (§ 38.)

Whenever any. work is necessary to complete a particular job for the Corporation, and the several parts of said work shall together involve the expenditure of more than two hundred and fifty dollars, the same shall be by contract under regulations established by ordinances of the Common Council, unless by a vote of three-fourths of the members elected to each Board it shall be ordered otherwise. (§ 38.)

Such as are to be made or let by authority of the Common Council for work to be done, or supplies to be furnished, shall be made by the appropriate heads of departments. (§38.)

When any supply is needful to be furnished by the Corporation for any particular purpose, and the several parts of such supply shall together involve the expenditure of more than two hundred and fifty dollars, the same shall be by contract under regulations established by ordinance of the Common Council, unless by a vote of three-fourths of the members elected to each Board it shall be ordered otherwise. (§ 38.)

Contracts shall all be founded on scaled bids or proposals made in compliance with public notice, advertised in such newspapers as may be employed by the Corporation for the purpose. (§ 38.)

Such notice shall be published at least ten days in each of such newspapers. (§ 38.)

Such contracts, when given, shall be given to the lowest bidder, the terms of whose contract shall be settled by the Corporation Counsel as an. act of preliminary specification to the bid or proposal, and who shall give security for the faithful performance of his contract in the manner prescribed and required by ordinance, and the sufficiency of this security

shall, in addition to the justification and acknowledgment, be approved by the Comptroller. (§ 38.)

If the lowest bidder shall neglect or refuse to accept the contract within forty-eight hours after written notice that the same has been awarded to his bid or proposal, it shall be re-advertised and re-let, as above provided. (§ 38.)

When made as directed by the Charter, the contract shall be executed in duplicate and filed in the Department of Finance. (§ 38.)

For each payment made on contracts, a receipt shall be endorsed on the contract by the party receiving the warrant. (§ 38.)

Warrants for payments on contracts shall only be given to the person interested in the same, or to his authorized representative. (§ 38.)

No additional allowance beyond the legal claim under any contract with the Corporation, or for any service on its account, or in its employment, shall ever be allowed. (§ 46.)

No contract shall be awarded to, nor any bid be accepted from, any person who is in arrears to the Corporation upon debt or contract, or who is a defaulter as surety or otherwise upon any obligation to the Corporation. (§47.)

Provisions applicable to all the Heads of Executive

Departments.

The heads of departments, other than the Counsel to the Corporation and the Comptroller, shall be appointed by the Mayor, with the advice and consent of the Board of Aldermen. (§ 19.)

The heads of executive departments (except the Croton Aqueduct Board, the Counsel to the Corporation and the Comptroller,) shall hold their offices for two years, and until the appointment of their successors. (§ 21.)

The heads of departments (except the Comptroller and the Counsel to the Corporation) may be suspended by the Mayor for cause during any recess of the Common Council. (§ 21.)

The cause of such suspension shall be communicated to the Common Council at the first meeting thereof. (§ 21.)

The heads of departments (except the Comptroller and Counsel) may be removed by the Mayor, by and with the consent of the Board of Alder(§ 21.)

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