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Committee hears legal guidance on acting mayor appointments; police acting commissioner limited to 180 days
Summary
Assistant corporation counsel told the Civil Service Committee that the city charter gives an acting mayor appointment powers under Section 4-5, that the police acting commissioner is subject to a 180-day limit under Section 13-2, and that the charter and state law do not set time limits for other department heads.
The Buffalo City Common Council Committee on Civil Service received legal guidance Tuesday on whether an acting mayor may make appointments and how long acting department heads may serve.
Assistant corporation counsel Jared told the committee that under City Charter section 4-5 the powers of the mayor “devolve onto the individual who takes the position of acting mayor,” and so an acting mayor may make appointments that an elected mayor could make. Jared also said the charter’s Section 13-2 sets a 180-day limit for the police acting commissioner’s appointment and that the same rationale applies to the fire commissioner.
The guidance matters because council confirmation is a separate constitutional function of the Common Council and members have raised concerns about being bypassed. Jared told the committee he would supply a fuller memo addressing members’ questions and said, “I will try to get it to you before the end of this week.”
Committee members pressed for clarity on how long other department heads may serve in acting roles. Jared advised that the charter and state law do not specify time limits for other department heads, meaning those acting officials may remain in place indefinitely under existing language. That answer prompted members to reiterate concerns about preserving the council’s confirmation role while ensuring city operations continue.
The committee recorded motions related to the item: a motion to receive the file was made and seconded, and a motion to table further action was also made and seconded. The transcript does not record a formal roll-call tally for those motions.
The committee asked staff to return with the fuller written memo and legal analysis on the appointment authorities and deadlines described in the charter; Jared said he would provide the memo before the end of the week.
