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City
of
AmsterdamLaw DepartmentGerard C. DeCusatis, Esq.
DATE: 7/2/09
TO:
The Mayor and Common Council.CORPORATION COUNSEL OPINION 2009-8
Question:
May the Common Council, by resolution, cancel or repudiate a contract or otherwise directthe execution
of
the provisions
of
a contract? This question is related to the proposedresolution concerning the Chalmers option contract.
Reply:
The Common Counsel does not have the authority to cancel or repudiate a contract or otherwisedirect the execution
of
the provisions
of
a contract.The authority
of
an
officer or body to wield the powers granted to the City
of
Amsterdam underthe General City Law and General Municipal law is determined primarily by the charter
of
theCity
of
Amsterdam. The Charter vests the executive powers
of
the City in the Mayor. Charter§ C-35A states, "The Mayor shall be the chief executive
of
the City
...
" The Charter does notenumerate all
of
the executive powers and duties, to determine the scope
of
executive authority it
is
helpful to look to federal and state government to determine what is customarily an executivearea
of
authority. The authority to contract is an executive authority on the state and federallevel subject to a few exceptions that require legislative approval. The City Charter
by
itsgeneral grant
of
executive authority to the Mayor grants authority over contracts to the Mayor.The City Charter goes on after the general grant
of
executive authority contained in §C-35A tomake specific grants and limitations with respect to the office
of
Mayor that are contained in§36. Charter §36F is the section that is applicable to this situation,
"In
addition to other powers,duties and responsibilities assigned to the Mayor by this Charter or
by
law, the Mayor shall have
1
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