Johnstown’s Charter Development - PowerPoint Presentation

Slide1

Johnstown’s Charter Development

Center for Research Regional Engagement and Outreach – SUNY New Paltz

January 26, 2015Slide2

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 dutiesSlide3

Johnstown’s Population Change

The 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% -24.4

http://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=1Slide4

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 - 1890Slide5

Johnstown’s 1895 Charter –

Elected Offices

Citywide

Mayor

Recorder

Chamberlain

Assessor

Board of Education (9)

Justices of the Peace (2)

Constables (2)Alderman at LargeWater Commissioner at Large

From Four Wards

8 Aldermen (2/ward)

4 Water Commissioners

4 SupervisorsSlide6

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 limitsSlide7

Johnstown’s Second Charter

1905

1905 - Revised

and replaced

the 1895 charter

Chapter

593 Laws of

1905 (135 pp)

This was the baseline document for Johnstown thru 2001Slide8

Johnstown’s 1905 Charter

4 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.)Slide9

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 Slide10

State Constitution –

Home Rule for Cities - 1923

Provided for charter change by local action, without passage of state law.Slide11

Johnstown - Local Law No. 2 - 1933

Water 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 EngineerSlide12

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.”Slide13

Johnstown’s 1949 Charter

Incorporated changes resulting

from

adoption of Johnstown Local

Law 2 of

1948Slide14

Johnstown’s 1949 Charter

Elected Officials

Citywide

Mayor

City Judge and Recorder

Chamberlain

Assessor

Alderman at Large

From Four Wards

4 Aldermen

4 SupervisorsSlide15

Johnstown’s 1949 Charter

Elected Officials – Terms of Office

All elected officials’ terms of office are four years.

No term limitsSlide16

Johnstown’s Appointed officials

1949 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 chiefsChief of police, uniformed police and special police as common council providesUp to 10 Commissioners of deeds Other appointive officers as may be authorized by general lawSlide17

Johnstown’s 1949 Charter

Major Charter Provisions

Incorporation and definition of boundaries

City officers

Powers of Mayor, Clerk and Council

Chamberlain (finance)

Assessment (taxes)

Streets and sewers

Water

Police

Fire

Health

Recorder

City Court

MiscellaneousSlide18

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 SupervisorsSlide19

Alternative Forms of City Government

Currently 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 CouncilSlide20

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 uncommonSlide21

Johnstown’s Current (2001) Charter

Elected 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)Slide22

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 limitsSlide23

Johnstown 2001 Charter - Provisions

Incorporation and Boundaries

Elected Officers

Mayor and Council

Treasurer (Finance)

Assessment (Taxes)

Water

Appointed Officers

Administration (Specified Departments)

EthicsTransitionSlide24

Johnstown Charter – 2001

Appointed 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”Slide25

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 HealthZoning Board of AppealsPlanning BoardSenior Citizen CenterPlumbing and Electric BoardsSlide26

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 LawSlide27

City of Johnstown – Trend

Number of Elected Offices

City of Johnstown - Charter

Provisions

for Elected

Offices

Office

Year of Charter

1895

1905

1917

1919

1948*

1962**

2001

Mayor

1

1

1

1

1

1

1

Recorder

1

1

1

1

Chamberlain

1

1

1

1

1

1

Assessor

1

1

1

1

1

Alderman at Large

1

1

1

1

1

1

Council member at large

1

Bd. of Education

9

9

9

9

Water Commr. At Large

1

1

1

1

Justices of the Peace

2

Constables

2

City Judge and Recorder

1

1

City Ct. Judge

1

Treasurer

1

Ward Aldermen

8

8

8

8

4

4

Ward Council members

4

Ward Water Comrs.

4

4

4

4

Water Commissioners

5

Ward 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 forceSlide28

City of Johnstown Trend

Length and Complexity of City Charter

1895 – 141 Pages

1905 - 135 Pages

1949 – 104 pages – 14 Articles

1962 –

2001 – 42 pages – 10 Articles