Inspectors of 19. Two inspectors of elections for each ward in said city shall be elected, and one shall be appointed at each an- elections. nual election for the city officers in the manner provided by the act entitled "Of elections other than for militia and town officers," in part first, chapter six, title three, article three, section twenty-one of the Revised Statutes, the provisions of which act are hereby declared to be applicable to the said city of Rochester and to the elections to be held therein under this act, except so far as they may be inconsistent with the provisions of this act. § 20. Inspectors of elections so elected under this act, as aforesaid, shall be inspectors of elections held in said wards. respectively as well for the election of state and county as for the city and ward officers; and in case of the death, inability or refusal of any such inspector to act, the common council may thereafter appoint one other in his or their place and file a certificate of such appointment with the city clerk, and the person or persons thus appointed shall be inspector or inspectors for the ward for which he or they was or were appointed. Duties of inspectors. Ballots how prepared and 21. The electors shall vote by ballot, and each person offering to vote shall deliver his ballot, so folded as to con- deposited. ceal the contents, to one of the inspectors in the presence of the board. The ballot shall be a paper ticket which shall contain, written or printed, or partly written and partly printed, the names of the persons for whom the elector intends to vote, and shall designate the office to which each person so named is intended by him to be chosen; but no ballot shall contain a greater number of names of persons designated for any office, than there are persons to be chosen at the election to fill such office. On the outside of each ballot when folded, there shall appear written or printed, one of the following words, "ward," "city," but no ballot found in the proper box shall be rejected for want of such endorsement. of ballots. § 22. The ballot endorsed" city," shall contain the names Endorsement of persons designated as officers for the city. The ballot containg the names of persons designated as officers for a "ward" or district," shall be endorsed "ward." The common council shall provide two boxes for each ward, with locks and Ballot boxes keys, in which these two kinds of votes shall be deposited separately. designate § 23. If at any annual election to be held in the said city, Ballot to there shall be one or more vacancies to be supplied in any term of office, and at the same time any person is to be elected for office. the full term of said office, the term for which each person Qualification of voters. Canvass of votes. Common council to meet and voted for, for the said office is intended, shall be designated on the ballot. § 24. Every person entitled to vote for members of assembly, who shall for the last thirty days have been a resident of said city, and for the last ten days an actual resident of the ward in which he offers his vote, and who is at the time an actual resident of such ward shall be entitled to vote in the ward in which he resides, but not elsewhere, for all or any of the officers to be chosen at such election. 25. Immediately after the closing of the polls, the inspectors of election shall, forthwith, without adjournment, canvass the votes received by them and declare the result; and shall, on the same or the next day, make a certificate stating the number of votes given for each person for each office, and shall file such statement and certificate on the day of election or the next day, with the clerk of the city. § 26. The common council of the preceding year shall convene on the Thursday next succeeding such election, at certify elec. two o'clock in the afternoon, at their usual place of meeting; tion of officers Tie vote how determined. Special election 10 fill vacancy in office of aldermen and the statement of votes filed with the clerk of the city by the inspectors of election, shall be produced by the said clerk. The common council shall forthwith determine and certify, in the manner provided by law, what persons are duly elected at the said election to the several offices respectively. Such certificate shall be made in duplicate, one of which shall be filed with the clerk of the city, and the other with the clerk of Monroe county. All officers elected as herein provided, shall enter upon their respective offices on the first Monday of April next following such election, unless otherwise herein provided. § 27. If at any election authorized by this act, any officer except alderman shall not have been chosen by reason of two or more candidates having received an equal number of votes, the common council shall by ballot elect such officer from the two candidates having the highest number of votes. § 28. Whenever a vacancy shall occur in the office of alderman, by his refusal or neglect to take the oath of office within the time required by law, by his resignation, death, ceasing to be an inhabitant of the city or ward for which he shall have been elected, removal from office, or by the decision of a competent tribunal declaring void his election, or for any other cause, the common council of the said city shall immediately appoint a special election to be held in the ward for which such officer was chosen, at some suitable place therein, not less than five days nor more than fifteen days from the time of such appointment. said When elec first tion may or the bay not be 29. In case any such vacancy shall occur in the offices of alderman, within three months before the Tuesday in March in any year, it shall be optional with common council to order a special election or not, as they shall deem expedient. ordered. in other offi. ces how filled. § 30. In case a vacancy shall occur in the office of any of Vacancics the officers before named except an alderman, the common council may in their discretion, fill such vacancy by the appointment of a suitable person who is an elector, and if appointed for a ward or district, who is a resident of the ward. or district for which he shall be appointed; and any officer appointed to fill a vacancy, if the office is elective, shall hold by virtue of such appointment only until the first Monday of April next succeeding. If an elective officer whose office shall have become vacant was one of a class, a successor for the unexpired term shall be elected at the next annual election. tions how § 31. Whenever a special election is to be held, the com- Special elec mon council shall cause to be delivered to the inspectors of called. the last preceding election, in the ward and election districts. where such officer was omitted to be chosen, a notice signed by them specifying the officer to be chosen, and the day and place at which such election is to be held, and the proceedings at such election shall be as at the annual general election. Such notice shall also be published in two newspapers of the city, at least once before such special election. office when 32. Every person elected or appointed to the office of Onth of mayor, alderman, assessor, constable, supervisor, treasurer, to be taken. city clerk, comptroller or commissioner of common schools. in the city of Rochester, shall, before he enters on the duties of his office, shall within five days after being notified of such election or appointment, take the oath of office prescribed by the constitution of the state, before some officer authorized to take affidavits to be read in courts of justice, and file the same with the clerk of the city. when to be § 33. Every person chosen or appointed by the common Acceptance council to any other office except those enumerated in the office last section, before he enters on the duties of his office, and filed. within five days after being notified of his election or appointment, shall cause to be filed in the office of the city clerk, a notice in writing, signifying his acceptance of such office. or accept § 34. If any person chosen or appointed to any office spe- Neglect to cified in the last two sections, shall not take and subscribe file oath the oath of office, and file the same as therein directed, or ance deemed shall not cause a notice of accceptance to be filed as therein a refusal to serve. Clerk to give common of officers. directed, or if required by the common council to execute an official bond or undertaking, shall neglect to execute and file the same in manner and within the time prescribed by the common council, such neglect shall be deemed a refusal to serve. §35. At the expiration of ten days after any election or apcouncil list pointment of any officer or officers in the said city, the clerk of the said city shall deliver to the common council a list of the persons elected or appointed, and of the offices to which they are chosen, therein specifying such as shall have filed with him the oath of office or notice of acceptance required by law, and such as shall have omitted to file the same within the time herein prescribed. Constables who have neglected to § 36. The mayor shall report to the common council the names of such constables and others officers as shall have give bonds. neglected to give the bond and security required by law. Resignations 37. Resignations by any officer authorised to be chosen or appointed by this act, shall be made to the common council of the city, subject to their approval and acceptance. Expenses of elections how de. frayed. Meetings of common council. Presiding officer. Ordinances may be sus mayor. §38. The expenses of any election to be held as provided by this act shall be city charges, and defrayed in the same manner as the other contingent expenses of the city. TITLE THIRD. POWERS AND DUTIES OF THE COMMON COUNCIL. § 39. The mayor and aldermen of the said city shall constitute the common council. They shall meet at such times and places as they shall from time to time appoint, and on special occasions whenever the mayor or person officiating as mayor, (in case of vacancy in the office of mayor, or of his absence from the city, or inability to officiate,) shall, by written notice, appoint, and which shall be served on the members in such manner and for such time as the common council may by ordinance direct. § 40. The mayor, when present, shall preside at the meetings of the common council; and in his absence the common council may appoint one of their number who shall preside. § 41. No ordinance or resolution passed by the common pended by council authorising any public improvement, or for or concerning the same, or for the payment of money by the treasurer, shall have any force or effect, if on the day of its passage, or the next day thereafter, the mayor or other officer legally discharging the duties of mayor, shall lodge in the office of the city clerk, a notice suspending the immediate operation of such ordinance or resolution. If the mayor, or at next meet effect. officer legally exercising the office of mayor, shall within twenty-four hours after the passage of such ordinance or resolution, lodge in the office of the city clerk his reasons in writing why the same should not go into effect, the same shall not go into effect, nor have any legal operation, unless it If re-passed shall, at the next meeting of the common council, be re- ing to go into passed by a majority of two-thirds of all the members of the common council then in office, exclusive of the mayor, and if so re-passed, shall go into effect, according to the terms thereof. If such reasons in writing shall not be lodged with the clerk as above provided, such ordinance or resolution shall have the same operation and effect as if no notice suspending the same had been lodged with the city clerk. Clerk to lay before next council. § 42. It shall be the duty of the city clerk to communicate to the common council any paper that may be lodged with mayor's veto him, pursuant to the last preceding section, at the next common meeting of the board. § 43. In the proceedings of the common council, each who entitled member present shall have a vote, except the mayor or per- meetings of son presiding, who shall only have a casting vote when the common votes of the other members are equally divided. to vote at council. § 44. The sittings of the common council shall be public, sittings to except when the public interest shall in their opinion re- be public. quire secrecy. The minutes of the proceedings shall be kept by the clerk, and the same shall be open at all times to public inspection. noes. § 45. Whenever required by two members, the votes of Ayes and all the members of the common council, in relation to any act, proceeding, or proposition, had at any meeting, shall be entered at large on the minutes, and such votes shall also be so entered, in relation to the adoption of any resolution or ordinance, report of a committee, or other act, for taxing or assessing the citizens of the said city, or involving the appropriation of public moneys. § 46. A majority of the common council shall be a quo- Quorum. rum for the transaction of business, but no tax or assessment shall be ordered, nor any appointment be made except by a concurring vote of a majority of all the members of the council; and the board shall prescribe the rules for its proceedings. not to hold § 47. No member of the common council shall, during the Aldermen period for which he was elected, be appointed to, or be com- offices of profit, or be petent to hold any office, of which the emoluments are paid interested ir. from the city treasury, or paid by fees directed to be paid by any act or ordinance of the common council, or be directly or indirectly interested in any contract as principal, contracts. |