1. Kingston Charter – A First Look
Gerald Benjamin
The Benjamin Center
July 13, 2017

2. Article I Boundaries and Civil Divisions
§ C1-1Boundaries of city; annexations. Revise and Simplify
§ C1-2Civil divisions of City. Replace with districting process and move – Move detail to code

3. Article II Elections
Much is repetitive of state law, and likely to be preempted if conflicting
§ C2-1General elections. E.g constitution limits to odd # year
§ C2-2Qualification of electors.
§ C2-3Election returns.
§ C2-4Canvassing returns.
§ C2-5Notice of election.
§ C2-6Organization of Common Council. Move to leg. article.
§ C2-7Special elections. Consider state law re mandatory and permissive referenda
§ C2-8Election districts. Conflict with County BoE duties

4. Article III General Powers
§ C3-1Powers of the city.
§ C3-2Construction.
§ C3-3Intergovernmental relations. Provided in constitution
§ C3-4Official oaths. Repetitive of state law

5. Article IV Mayor § C4-1General powers and duties. Removal?
§ C4-2Veto and other powers.
§ C4-3Messages from Mayor. Bad title
§ C4-4Annual message.
§ C4-5Acting Mayor. Inability, how determined?

6. Article V City Departments and Officers
§ C5-1Duties and organization. Internally contradictory

7. Article VI Alderman Should be Aldermen
§ C6-1Alderman-at-Large. Casting vote only, no special election for Mayor
§ C6-2Aldermen. Hortatory. Report re: misconduct…? What if fail to perform? Sanction?
Reorganize to co-locate legislative substance

8. Article VII Assessor Detail, duplicates state law or move to code
§ C7-1Powers and duties.
§ C7-2City School District assessment roll.
§ C7-3Real property tax exemption.
§ C7-4(Reserved)
§ C7-5Special assessments.
§ C7-6Acting Assessor.

9. Article VIII City Clerk
§ C8-1Powers and duties. – Rel. to legislature ambiguous. No leg. Staff.
§ C8-2Deputy City Clerk. Appt. authority

10. Article IX Comptroller
§ C9-1Powers and duties. CFO. Conflict, appted. by council, prepares budget for executive. No audit function

11. Article X Corporation Counsel
§ C10-1Powers and duties. Where does council get legal advice if in conflict with Mayor?

12. Article XI Board of Water Commissioners
– Why does this board persist?
§ C11-1Appointment and terms.
§ C11-2Mayor to serve as member of Board.
§ C11-3Officers, agents and servants.
§ C11-4Powers.
§ C11-5Water supply outside of city.
§ C11-6Construction of works.
§ C11-7Rules and regulations; penalties.
§ C11-8Application of moneys.
§ C11-9Books, accounts and estimates.
§ C11-10Injury to works.
§ C11-11Title to lands.
§ C11-12Eminent domain.

13. Article XII Fire Department
Why? Linked to mixed paid and volunteer?
§ C12-1General provisions.

14. Article XIII Common Council
Move up and consolidate
§ C13-1Constitution; salaries. Term of office. No special election, separation of powers
§ C13-2Meetings; quorum; passage of legislation. Calling special meetings?
Size of body discussed only re: redistricting, and no process specified
§ C13-3Powers and duties. Distinguish mayor from council. Electronic publication of meetings etc.

15. Article XIV Department of Public Works
Detail to code
§ C14-1Powers and duties.
§ C14-2Appropriation of lands.
§ C14-3Assessment of expense and possession.
§ C14-4Grading, paving and macadamizing streets; constructing sewers and assessments therefor.
§ C14-5Change of grade; compensation.
§ C14-6Construction, repair and relaying sidewalks by owners.
§ C14-7Payment of work done; certificate of indebtedness; infant owners; judgments by contractors.
§ C14-8Waterpipe connections.

16. Article XV Other Departments, Officers, Directors, Superintendents, Board and Commissions
Some redundancies and transitional language
§ C15-1Powers and duties of other directors and superintendents.
§ C15-2Commissions abolished.
§ C15-3Police Citizens Advisory Boards.
§ C15-4Other Boards and Commissions.

17. Article XVI Financial Administration Consider detail in tax levy and collection. Borrowing? Separate budget process, relocate provision and consider detail within it. Consider fiscal mgt. with budgeting.
§ C16-1Levy of county taxes.
§ C16-2Collection of taxes.
§ C16-3Collection periods and penalties.
§ C16-4Settlement of county taxes.
§ C16-5Collection of delinquent water charges.
§ C16-7City land exempt from taxes.
§ C16-9Enforcement of delinquent taxes; alternate procedure.
§ C16-10Operating budget.
§ C16-11Capital program.
§ C16-12Performance bonds.

18. Article XVII Notification of Defects
Consider state law
§ C17-1Claims; notice requirements; procedures.

19. Article XVIII Miscellaneous Provisions
Some transitional elements are superfluous
§ C18-1Conflicting legislation repealed and superseded.
§ C18-2Severability.

20. Modernization - Consider adding:
Ethics
Redistricting
Periodic Charter Review
Training for elected officials