21. The other heads of
the Executive Departments,
except the officers of the
Crotón Aqueduct Board, shall
hold their office for two years,
and until the appointment of
their successors. The Mayor
shall have power to suspend, for
cause, during any recess of the
Common Council, and by and with
the consent of the Board of
Aldermen, to remove any of the
heads of departments, except the
Comptroller and the Counsel to
the Corporation, which
suspension, and the cause
thereof, shall be communicated
to the Common Council, if in
session ; and if not, then at
the first meeting thereof. The
Board of Aldermen shall have
power, without the consent of
the Mayor, by a vote of
two-thirds of all the members
elected, to remove any of the
heads of departments, for cause,
other than the Comptroller and
Counsel to the Corporation. The
heads of departments shall have
power to appoint and remove the
chiefs of bureaux and clerks in
their respective departments ;
except that the Chamberlain
shall be appointed by the Mayor,
with the consent of the Board of
Aldermen, and maybe removed in
the same manner with heads of
departments. The chiefs of
bureaux and clerks of
departments and bureaux shall
hold office during the same term
enjoyed by the heads of
departments, unless sooner
removed. The Chief Engineer of
the Fire Department shall be
elected in the same manner as is
now, or may hereafter be,
prescribed by law. The number of
clerks to the departments shall
be as fixed by the Common
Council, who shall also fix the
terms of all offices created by
them under authority of law.
22. There shall be an
executive department, which
shall be denominated the "
Department of Finance," which
shall have control of all the
fiscal concerns of the
Corporation, and shall prescribe
the form of keeping and
rendering all city accounts; and
all accounts, rendered to or
kept in the other departments of
the City Government, shall be
subject to the inspection and
revision of the officers of this
department. It shall settle and
adjust all claims in favor of or
against the Corporation, and all
accounts in which the
Corporation is concerned, either
as debtor or creditor. The chief
officer of this department shall
be called the " Comptroller of
the city of New York." There
shall be a bureau in this
department for the collection of
the revenue accruing from rents
and interest of bonds and
mortgages, and for the
collection of all revenues
arising from the use or sale of
property belonging to or managed
by the city ; and for the
performance of such other duties
as may be directed by the Common
Council ; the chief officer of
which shall be called the "
Collector of the City Revenue."
There shall also be a bureau in
this department for the
collection of taxes ; the chief
officer thereof shall be called
the "Receiver of Taxes," who
shall have all the powers and
perform all the duties now
prescribed by law for the
Receiver of Taxes, and the
office of Receiver of Taxes, as
heretofore constituted, and the
provisions of law relating to
him, are hereby modified so as
to conform to the provisions of
this act. There shall also be a
bureau in this department for
the collection of arrears of
taxes, arrears of assessments,
and arrears of water rents, the
chief officer of which shall be
called the "Clerk of Arrears."
There shall also be a bureau in
this department for the
reception of all moneys paid
into the treasury of the city,
and for the payment of moneys on
the warrant drawn by the
Comptroller and countersigned ??
the Mayor and Clerk of the
Common Council ; and the chief
officer thereof shall be called
the " Chamberlain of the city of
New York." The Chamberlain shall
keep books, showing the amounts
paid on account of the several
appropriations ; and no warrants
shall be paid on account of any
appropriations after the amount
authorized to be raised by tax
for that specific purpose shall
have been expended. There shall
be another bureau in the
Department of Finance, to be
called the " Auditing Bureau,"
and the chief officer thereof
shall be the " Auditor of
Accounts." It shall revise,
audit, and settle all accounts
in which the city is concerned
as debtor or creditor ; it shall
keep an account of each claim
for or against the Corporation,
and of the sums allowed upon
each, and certify the same, with
the reasons for the allowance,
to the Comptroller. The
Comptroller shall report to the
Common Council, once in ninety
days, the name of every person
in whose favor an account has
been audited, with the decision
of the Auditor upon the same,
together with the final action
of the Comptroller thereon. All
moneys drawn from the city
treasury shall be upon vouchers
for the expenditure thereof,
examined and allowed by the
Auditor, and approved by the
Comptroller, and filed in his
office.
23. There shall be an
executive department, which
shall be denominated the "
Street Department," which shall
have cognizance of opening,
altering, regulating, grading,
flagging, curbing, guttering,
and lighting streets, roads,
places, and avenues; of
building, repairing, and
lighting wharves and piers, the
construction and repairing of
public roads, the care of public
buildings and places, and the
filling up of sunken lets, under
the ordinances of the Common
Council. The chief officer
thereof shall be called " Street
Commissioner." There shall be a
bureau in this department, the
chief officer of which shall be
called the " Superintendent of
Wharves." There shall also be a
bureau in this department, to be
denominated the " Bureau of
Repairs and Supplies," which
shall have cognizance of all
repairs and supplies to public
buildings, lands and places, and
of all other necessary repairs
and supplies, not provided for
in other departments; the chief
officer thereof shall be a
practical builder, and he shall
be called the " Superintendent
of Repairs and Supplies." There
shall also be a bureau in this
department, to be denominated
the " Bureau of Lamps and Gas,"
the chief officer of which shall
be called " Superintendent of
Lamps and Gas." The Chief
Engineer of the Fire Department
shall have a bureau under the
Street Department, and shall
have charge of repairing fire
engines and fire apparatus.
There shall be a bureau In this
department, the chief officer of
which shall be called the "
Superintendent of Roads." Them
shall be a bureau in this
department for the collection of
assessments, and the chief
officer thereof shall be called
the " Collector of Assessments."
There shall be a bureau in this
department for grading,
flagging, curbing, and guttering
streets, the chief officer of
which shall be called the "
Superintendent of Street
Improvements."
24. There shall continue
to be an executive department,
under the denomination of the "
Crotón Aqueduct Board," which
shall have charge of the Crotón
Aqueduct, and all structures and
property connected with the
supply and distribution of
Crotón water in the city of New
York, and the underground
drainage of the same ; and the
public sewers of said city, and
permits for street vaults, and
of paving, repaving, and
repairing streets, and digging
and constructing wells ; and the
collection of the revenues
arising from the sale of the
Crotón water, with such other
powers and duties as arc, or may
be, prescribed by law. The chief
officers thereof shall be called
the " President, Engineer, and
Assistant Commissioner," who,
together, shall form the Crotón
Aqueduct Board, and hold their
offices for five years. There
shall be a bureau in this
department for the collection of
the revenues derived from the
sale of the water, and the chief
officer thereof shall be called
the " Water Registrar." There
shall also be a bureau in this
department for the laying of
water pipes, and the
construction and repairs of
sewers, wells, and hydrants ;
paving, repaving, and repairing
streets ; the chief officer of
which shall be called the "
Water Purveyor."
25. There shall continue
to be an executive department
known as the " Almshouse
Department," which shall have
cognizance of all matters
relating to the Almshouse and
prisons of said city ; the chief
officers thereof shall be called
the " Governors of the
Almshouse;" they shall take and
hold their offices as provided
by the act, entitled " An act to
provide for the Government of
the Almshouse and Penitentiary
in the city and county of New
York;" and be charged with the
duties, powers, and
responsibilities prescribed by
that act. All ordinary
appropriations intended for the
support of the government of the
Almshouse Department, proposed
by the Governors of the
Almshouse, shall, before the
same are finally made, be
submitted by the Governors to a
Board consisting of the
President of the Board of
Aldermen, and the President of
the Board of Councilmen, Mayor,
and Comptroller. If said Board
approve of the appropriations,
it shall immediately report the
same to the Supervisors of the
county of New York ; if it shall
disapprove of the same, it shall
return them, with objections, to
the Governors of the Almshouse,
for their reconsideration ; and
in case the said Governors
shall, upon a reconsideration,
adhere, by a vote of two-thirds
of all the Governors then in
office, to the original
appropriations, they shall
return them to the said Board,
whose duty it shall be to report
to the Supervisors. The Board of
Education shall also submit, in
like manner, all appropriations
required by it, and said
appropriations shall be subject
to all the provisions of this
section, so far as the same may
be applicable.
26. There shall be an
executive department known as
the " Law Department," which
shall have the charge of and
conduct all the law business of
the Corporation, and of the
departments thereof, and all
other law business in which the
city shall be interested, when
so ordered by the Corporation,
and shall have the charge of and
conduct the legal proceedings
necessary in opening, widening,
or altering streets, and draw
the leases, deeds, and other
papers connected with the
Finance Department ; and the
chief officer thereof shall be
called the " Counsel to the
Corporation." There shall be a
bureau in this department, the
chief officer of which shall be
denominated the " Corporation
Attorney." There shall be also a
bureau in this department, the
chief officer of which shall be
called the "Public
Administrator."
27. There shall be an
executive department known as
the " City Inspector's
Department," the chief officer
of which shall be the " City
Inspector," and shall have
cognizance of all matters
affecting the public health,
pursuant to the ordinances of
the Common Council, and the
lawful requirements of the
Commissioners of Health and of
the Board of Health. There shall
be a bureau in the City
Inspector's Department to be
called the " Bureau of Sanitary
Inspection and Street Cleaning,"
under the control of an officer
named the " Superintendent of
Sanitary Inspection," and who
shall render such services as by
ordinance may attach to said
bureau in cleaning the streets,
and in the abatement and removal
of nuisances detrimental to the
public health in said city.
There shall also be a bureau in
this department to be known as
the " Bureau of Records and
Statistics," and which shall be
under the direction of the
Registrar of Records, and in
which bureau shall be kept all
records which may by law or
ordinance be required to be kept
in said
department. The Coroners in and
for the city and county of New
York shall make return to the
City Inspector of all
inquisitions taken by them in
the said city and county
(excepting those charging
homicide or felonious assault,
which shall be filed with the
Clerk of the Court of General
Sessions). There shall also be a
bureau in this department for
the inspection, regulation, and
management of the public
markets, the chief officer of
which shall be denominated "
Superintendent of Markets." And
it shall be the duty of the
Crotón Aqueduct Department, at
all times, to permit the City
Inspector to order the hydrants
to be used for cleaning the
streets, provided that such use
shall not endanger the general
supply of the Crotón water, and
shall be used under such
regulations as the Crotón
Aqueduct Board may prescribe.
The City Inspector shall, after
the passage of this act, appoint
such number of Inspectors and
Sealers of Weights and Measures
as now or hereafter may exist,
and who shall succeed to all the
powers, and perform the duties,
and receive compensation as now
by law prescribed, and shall
hold office upon the same terms
as chiefs of bureaux.
28. It shall be lawful
for the Common Council of said
city to establish such other
bureaux as they may deem the
public interest may require, and
to assign to them, and to th«
departments and bureaux herein
created, such duties as they may
direct, not inconsistent with
this act, and the duties thereof
shall be performed in accordance
with the charter and laws and
ordinances of the city ; but no
expense shall be incurred by any
of the departments, or officers
thereof, whether the object of
expenditure shall have been
ordered by the Common Council or
not, unless an appropriation
shall have been previously made
covering such expense. And no
member of the Common Council,
head of department, chief of
bureau, deputy thereof, or clerk
therein, or other officer of the
Corporation, shall be directly
or indirectly interested in any
contract, work, or business, or
the Sale of any article, the
expense, price, or consideration
of which is paid from the city
treasury, or by any assessment
levied by any act or ordinance
of the Common Council ; nor in
the purchase of any real estate,
or other property, belonging to
the Corporation, or which shall
be sold for taxes or
assessments, or by virtue of
legal process at the suit of the
said Corporation.
29. The Mayor, or either
Board of the Common Council, may
at any time require the opinion,
in writing, of the head of any
department upon any subject
relating to his department, or
any information possessed by him
in relation thereto. And every
head of department shall report
in writing to the Common
Council, quarterly, the state of
his department, with such
suggestion in relation to the
improvement thereof, and to the
public business connected
therewith, as he may deem
advisable.
30. It shall be the duty
of the Common Council to provide
for the accountability of all
officers and other persons to
whom the receipt or expenditure
of the funds of the city shall
be entrusted, by requiring from
them sufficient security for the
performance of their duties or
trust, which security shall be
annually renewed ; but the
security first taken shall
remain in force until new
security shall be given.