US Laws, Codes, Statutes & Cases

 
    §  94.  Deputy  comptrollers  and other appointees. a. The comptroller
  shall appoint  and  at  pleasure  remove  a  first,  and  second  deputy
  comptroller.  The comptroller may appoint and at pleasure remove a third
  deputy  comptroller who shall be a person qualified to advise and assist
  the comptroller in all matters relating to borrowings and the investment
  of funds. Except as provided in subdivision b of this section,  each  of
  the  deputies  and  any officer or employee appointed by the comptroller
  shall have such powers and duties as may be assigned to such  person  by
  the  comptroller  by  instrument  in  writing filed with the city clerk.
  Provided however that no more  than  five  such  additionally  appointed
  officers  or  employees shall serve simultaneously. The city clerk shall
  notify the council of the filing or revocation of each such appointment.
    b. Any deputy comptroller or any officer or employee appointed by  the
  comptroller  may  act  in place of the comptroller on any board, body or
  committee of which the comptroller is a member whenever the  comptroller
  shall  so authorize in writing and such authorization is filed with such
  board, body or committee and with the city clerk.
    c. Any vacancy in the office of comptroller shall be filled by popular
  election, in the manner set forth in this subdivision. In the event of a
  vacancy in the office of  comptroller  until  an  interim  or  permanent
  successor  is  first elected, or whenever by reason of sickness, absence
  from the city or  suspension  from  office,  the  comptroller  shall  be
  prevented  from  attending  to  the  duties  of the office, or while the
  comptroller is acting as mayor, the first deputy comptroller or  in  the
  case  of  his or her illness or absence the second deputy comptroller or
  in the  case  of  his  or  her  illness  or  absence  the  third  deputy
  comptroller shall act as comptroller.
    1.  Within  three days of the occurrence of a vacancy in the office of
  the comptroller, the mayor shall proclaim the date for the  election  or
  elections   required   by  this  subdivision,  provide  notice  of  such
  proclamation to the city clerk and the board of  elections  and  publish
  notice  thereof  in  the City Record. After the proclamation of the date
  for an election to be held pursuant to paragraphs four or five  of  this
  subdivision,  the  city clerk shall publish notice thereof not less than
  twice in each week preceding the date of  such  election  in  newspapers
  distributed  within  the  city,  and  the  board of elections shall mail
  notice of such election to all registered voters within the city.
    2. If a vacancy occurs during the first three years  of  the  term,  a
  general  election to fill the vacancy for the remainder of the unexpired
  term shall be held in the year in which the vacancy occurs,  unless  the
  vacancy  occurs  after the last day on which an occurring vacancy may be
  filled at the general election in that same year with party  nominations
  of  candidates  for  such  election being made at a primary election, as
  provided in section 6-116 of the election law. If such a vacancy  occurs
  in any year after such last day, it shall be filled for the remainder of
  the  unexpired  term  at  the  general  election  in  the following year
  provided, however, that no general election to fill a vacancy  shall  be
  held  in the last year of the term, except as provided in paragraph nine
  of this subdivision. Party  nominations  of  candidates  for  a  general
  election to fill a vacancy for the remainder of the unexpired term shall
  be  made  at a primary election, except as provided in paragraph five of
  this subdivision.
    3. If a special or general election to fill the vacancy on an  interim
  basis  has  not  been  previously held pursuant to paragraphs four, six,
  seven and eight of this subdivision, the  person  elected  to  fill  the
  vacancy  for  the  remainder of the unexpired term at a general election
  shall take office immediately upon qualification and shall  serve  until
  the  term  expires. If a special or general election to fill the vacancy

  on an interim basis has been previously held, the person elected to fill
  the vacancy for the  remainder  of  the  unexpired  term  at  a  general
  election  shall  take office on January first of the year following such
  general election and shall serve until the term expires.
    4. If a vacancy occurs during the first three years of the term and on
  or  before  the  last  day  in  the  third  year of the term on which an
  occurring vacancy may be filled for the remainder of the unexpired  term
  at  a  general  election  with  party nominations of candidates for such
  election being made at a primary election, as provided in section  6-116
  of  the  election law, a special or general election to fill the vacancy
  on an interim basis shall be held, unless the vacancy occurs  less  than
  ninety  days before the next primary election at which party nominations
  for a general election to fill the vacancy may be made and on or  before
  the  last  day  on  which  an  occurring  vacancy  may be filled for the
  remainder of the unexpired term at the general election in the same year
  in which the vacancy occurs with party  nominations  of  candidates  for
  such  election  being made at a primary election, as provided in section
  6-116 of the election law.
    5. If a vacancy occurs after the last day in the  third  year  of  the
  term  on  which  an occurring vacancy may be filled for the remainder of
  the unexpired term at  a  general  election  in  each  year  with  party
  nominations  of  candidates  for  such  election being made at a primary
  election, as provided in section 6-116 of the election law, but not less
  than ninety days before the date of the primary election in  the  fourth
  year  of  such  term, a special or general election to fill such vacancy
  for the remainder of the unexpired term shall be held.
    6.  Elections  held  pursuant  to  paragraph  four  or  five  of  this
  subdivision  shall  be  scheduled  in  the  following  manner: a special
  election to fill the vacancy shall be held on the first Tuesday at least
  forty-five days after the occurrence of the vacancy, provided  that  the
  mayor,   in   the   proclamation  required  by  paragraph  one  of  this
  subdivision, may schedule such election for another day no more than ten
  days after such  Tuesday  and  not  less  than  forty  days  after  such
  proclamation if the mayor determines that such rescheduling is necessary
  to facilitate maximum voter participation; except that
    (a)  if  the vacancy occurs before September twentieth in any year and
  the first Tuesday at least forty-five days after the occurrence  of  the
  vacancy  is  less  than ninety days before a regularly scheduled general
  election or between a primary and a general election, the vacancy  shall
  be filled at such general election; and
    (b)  if  the vacancy occurs before September twentieth in any year and
  the first Tuesday at least forty-five days after the occurrence  of  the
  vacancy  is  after  a  regularly scheduled general election, the vacancy
  shall be filled at such general election; and
    (c) if the vacancy occurs on or after September twentieth in any  year
  and  the  first Tuesday at least forty-five days after the occurrence of
  the vacancy is after, but less  than  thirty  days  after,  a  regularly
  scheduled  general  election,  the  vacancy shall be filled at a special
  election to be held on the first Tuesday in December in such year.
    7. All nominations for elections to fill vacancies  held  pursuant  to
  paragraphs  four  and  five  of this subdivision shall be by independent
  nominating petition. A signature on an independent  nominating  petition
  made earlier than the date of the proclamation required by paragraph one
  of this subdivision shall not be counted.
    8. A person elected to fill a vacancy in the office of the comptroller
  at an election held pursuant to paragraph four of this subdivision shall
  take  office  immediately  upon  qualification  and serve until December
  thirty-first of the  year  in  which  the  vacancy  is  filled  for  the

  remainder  of  the  unexpired  term  pursuant  to  paragraph two of this
  subdivision. A person elected to fill a vacancy in  the  office  of  the
  comptroller  at  an  election  held  pursuant  to paragraph five of this
  subdivision  shall  take office immediately upon qualification and serve
  until the term expires.
    9. If a vacancy occurs less than ninety days before the  date  of  the
  primary election in the last year of the term, the person elected at the
  general  election  in  such year for the next succeeding term shall take
  office immediately upon qualification  and  fill  the  vacancy  for  the
  remainder of the unexpired term.