§ 2-A — Succession to certain city offices

New York § 2-A

• Jurisdiction: New York
• Law GCT: General City
• Art. 2: General Provisions

Text

§ 2-a. Succession to certain city offices. 1. In every city in which\nthe mayor and president or presiding officer of the local legislative\nbody are elected at the same time and for the same term by the electors\nof the entire city, in case of the removal from office of the mayor, his\ndeath, inability to discharge the powers and duties of the office,\nresignation or absence from the city, the powers and duties of the\noffice shall devolve upon such president or presiding officer for the\nresidue of the term or until the disability shall cease. When the\npowers and duties of the office of mayor shall devolve upon such\npresident or presiding officer for the residue of the term, he shall\nserve as and be the mayor.\n In case the person elected mayor shall die, or become unable to\ndischarge the powers and duties of the office, after his election but\nbefore he shall have qualified as and assumed the office of mayor, the\npowers and duties of the office of mayor shall devolve upon the person\nelected as such president or presiding officer at the same election and\nhe shall serve as and be the mayor for the term for which the mayor was\nelected.\n This subdivision shall not affect the operation of any provision of\nlaw which limits or restricts the exercise by the president or presiding\nofficer of the powers and duties of the mayor during a limited period of\neither absence of the mayor from the city or inability of the mayor to\nperform his powers and duties.\n 2. In every such city, in case of the removal from office of the\npresident or presiding officer, his death, inability to discharge the\npowers and duties of the office, resignation, absence from the city or\nwhen he shall serve as and be the mayor as provided in subdivision one,\nthe powers and duties of the office shall devolve upon the president pro\ntempore or vice-chairman for the residue of the term or until the\ndisability shall cease. When the powers and duties of the office of\npresident or presiding officer shall devolve upon such president pro\ntempore or vice-chairman for the residue of the term, he shall serve as\nand be the president or presiding officer. The provisions of this\nsubdivision shall apply to cities in which the president or presiding\nofficer of the local legislative body is elected at the same time and\nfor the same term as the member selected by such body to be its\npresident pro tempore or vice-chairman.\n This subdivision shall not affect the operation of any provision of\nlaw which limits or restricts the exercise by the president pro tempore\nor vice-chairman of the powers and duties of the president or presiding\nofficer during a limited period of either absence of the president or\npresiding officer from the city or inability of the president or\npresiding officer to perform his powers and duties.\n 3. The provisions of this section shall apply notwithstanding section\nthirty of the public officers law or any inconsistent provisions of,\n a. any general or special law, or\n b. any local law, ordinance, or city charter, heretofore or hereafter\nadopted, except that a city charter provision in effect before November\nfifth, nineteen hundred seventy-five which provides for a vacancy in the\noffice of mayor to be filled in at the next general election if the\nvacancy occurs before the twentieth day of September and otherwise in\nthe general election held in the following year shall prevail over this\nsection and a vacancy in the office of mayor shall be filled as provided\nin such a charter provision.\n