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

City of Johnstown TrendLength and Complexity of City Charter

• 1895 – 141 Pages • 1905 - 135 Pages• 1949 – 104 pages – 14 Articles• 1962 –• 2001 – 42 pages – 10 Articles