Second class cities charter (L. 1898, ch. 182), § 184.

shall make no expenditure, nor shall he create any debt against the city, unless he be authorized so to do by the general or special ordinances of the common council; except that he shall have power to repair any sidewalk or bring the same to the true grade, where the owner of the abutting property shall neglect to repair or grade the same for five days after written notice so to do has been served on him either personally or by delivering the same at his residence or, if he be a non-resident, by mailing the same to him at his last known place of residence, or if the name of the owner or his place of residence cannot be ascertained after due diligence, by posting the same in a conspicuous place upon the premises; and except that he shall have the power to clean snow or ice from any sidewalk where the same has remained thereon for more than twelve hours. A bill for the expense incurred in making such repairs or grading or cleaning shall be presented to the owner personally or by leaving the same at his residence, or if he be a non-resident, by mailing the same to him at his last known place of residence, or if the name of the owner or his place of residence cannot be ascertained after due diligence, by posting the same in a conspicuous place on the premises; and if he shall fail to pay the same within ten days thereafter, the commissioner shall file each year immediately preceding the time for the making of the annual assessment roll, his affidavit of the actual cost of the work, together with a statement as to the property in front of which the repairing or grading or cleaning was done, with the assessors of the city, who shall, in the preparation of the next assessment rolls for general city taxes assess such amount upon such property, and allegations thereon shall be heard, and such assessments shall be collected at the same time and in the same manner as other city taxes, and as a part thereof, and the assessors shall have the power to amend and correct such assessments as they shall deem proper, at the same time and in the same manner as other city taxes. (Amended by L. 1899, ch, 581, and L. 1903, ch. 47, in effect March 16, 1903.)

$184. Charges against members. (C. & G. Gen. Laws, p. 712.)

Office of police surgeon. The provisions of section 184 authorizes the commissioner of public safety to dismiss a police surgeon whenever in his judgment such officer has been guilty of charges preferred against him. The office of police surgeon having been created by statute, it is competent for the legislature to provide that the term of

Second class cities charter (L. 1898, ch. 182), §§ 229, 232, 233.

an incumbent may be determinable upon any condition which it sees fit to prescribe. People ex rel Graveline v. Ham, 59 App. Div. 314; 69 N. Y. Supp. 283.

Decision of commissioner conclusive. It is competent for the legislature to provide that the decision of the commissioner of public safety dismissing a member of the police force, upon charges preferred against him, should be "final and conclusive and not subject to review by any court." Such provision is not unconstitutional because it deprives policemen who are removed of their rights in pension funds. The appointment of a policeman under the Syracuse charter does not convey a vested right in a pension fund created pursuant to such charter. People ex rel. Miller v. Peck, 73 App. Div. 89; 76 N. Y. Supp. 328.

§ 229. Peril to public health. In case of great and imminent peril to the public health of the city by reason of impending pestilence, it shall be the duty of the commissioner, with the sanction of the common council, if it be practicable, to convene that body for prompt action, or if not, when approved by the board of estimate and apportionment, to take such measures, and do, order, or cause to be done, such acts, and to make such extraordinary expenditures in excess of the sum appropriated to the department of health, as in this act provided, for the preservation and protection of the public health as he may deem necessary and proper. Such peril to public health shall be deemed to exist only when and for such period as the commissioner and the board of estimate and apportionment by unanimous vote shall determine. (Amended by L. 1903, ch, 408, in effect May 6, 1903.)

§ 232. Fire marshal. Whenever the board of estimate and apportionment in any city shall so determine, instead of continuing under existing conditions, the commissioner of public safety shall appoint a fire marshal, and such other subordinates as may be prescribed by the board of estimate and apportionment, to hold office during his pleasure. The fire marshal and his subordinates employed in any city at the time such a change is determined upon by the board of estimate and apportionment, may be re-employed and transferred to the new department without civil service examination. (Added by L. 1902, ch. 402, in effect April 7, 1902.)

§ 233. Powers. Upon such determination by the board of estimate and apportionment, the commissioner of public safety shall possess the following powers, and perform the following duties, any or all of which may be delegated to the fire marshal or

Second class cities charter (L. 1898, ch. 182), §§ 240, 241.

his subordinates, or to any officer or member of the police or fire department: to enter into and examine all dwellings, houses, buildings, tenements, and factories of every description, and all lots, vards and enclosures; to see that the laws of the state and ordinances of the common council thereto, are complied with, and to prevent the construction and erection of structures and buildings which do not conform to law. (Added by L. 1902, ch. 402, in effect April 7, 1902.)

There shall be a board

$ 240. Department of education. of education, composed of three members, to be called commissioners of education, who shall be appointed as hereinafter provided, which board shall be the head of the department of public instruction. They must have been electors of the city for a period of at least five years immediately preceding the date of appointment. Within ten days after the passage of this act, the mayor shall appoint one commissioner to serve until February first, nineteen hundred and four, one to serve until February first, nineteen hundred and six, and one to serve until February first, nineteen hundred and eight; and thereafter, at the expiration of the term of any commissioner, the mayor shall appoint his successor for the term of six years, which shall be the term of office of every commissioner so appointed. In the case of a vacancy in the office of commissioner, the mayor shall fill the vacancy by the appointment of a commissioner for the remainder of the term. The commissioners shall serve without pay. (Amended by L. 1902, ch. 560, in effect April 11, 1902.)

L. 1902, ch. 560.— § 3. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed, but such repeal shall not affect any right already existing or accrued, or any liability incurred prior to the passage of this act; nor shall anything in this act be construed to affect or repeal the existing law with reference to union free school, district number one of the former town of Lansingburgh, but the provisions of this act shall not apply to the cities of Rochester and Syracuse.

§ 241. President of board; superintendent of schools; teachers, etc. The board shall appoint one of its members president, who shall exercise all the powers usually incident to such office. It shall also appoint a suitable person other than a member thereof, superintendent of schools in the city, who shall exercise the powers and discharge the duties hereinafter defined, and shall be allowed

Second class cities charter (L. 1898. ch. 182), §§ 242–244.

such compensation for his services as the board of estimate and apportionment may at any time determine. It shall also appoint from time to time such other employes including teachers and attendance officers, as the school system may require; the amount of their compensation shall be fixed by the board of estimate and apportionment. It has the care, custody and safe keeping of all school property, real and personal; and shall make rules and regulations for the government of the schools and its employes except as hereinafter provided; prescribe courses of study and text-books; supply the requisite text-books and stationery for the use of indigent pupils; provide the several schools with the necessary school apparatus, maps and music books, the expense thereof to be defrayed out of the school moneys of the city. No member of the board shall be eligible to appointment or employment by the board. (Added by L. 1902, ch. 560, in effect April 11, 1902.)

Sections 240-247 are applicable only to Albany and Troy, L. 1902, ch. 560, § 3.

$ 242. Powers of board.

The board has all the powers and is charged with all the duties of commissioners of common schools, and of trustees of the several school districts in this state, under the general statutes relating to common schools, so far as such powers and duties can be made applicable to the schools herein provided for, and are not inconsistent with the provisions of this act. (Added by L. 1902, ch. 560, in effect April 11, 1902.)

See L. 1902, ch. 560, § 3, ante.

§ 243. Term of superintendent; removal. The superintendent of schools shall hold office during the pleasure of the board. Any person may prefer charges of incompetency, maladministration or misconduct in office against the superintendent, and thereupon the board shall proceed to hear the charges, and in case the same shall be sustained by the affirmative votes of a majority thereof the superintendent shall be dismissed from his office. (Added by L. 1902, ch. 560, in effect April 11, 1902.)

See L. 1902, ch. 560. § 3, ante.

§ 244. Powers of superintendent. The superintendent has power and it is his duty to see that all rules and regulations of the board are complied with by the principals and teachers; to determine the different grades of study which shall be pursued in the

Second class cities charter (L. 1898, ch. 182), §§ 245, 246.

various departments of the several schools; to transfer teachers from one school to another, or from one grade to another, to suspend any teacher temporarily for cause; provided, however, that the reasons for such suspension shall be immediately transmitted to the board in writing; to transfer pupils from one school to another; to prescribe rules and regulations for the admission, examination and promotion of pupils; and he shall have the charge of the school libraries. (Added by L. 1902, ch. 560, in effect April 11, 1902.)

See L. 1902, ch. 560, § 3, ante.

§ 245. Appointment of teachers.— All assistant teachers shall be appointed for a probationary period of one year, at the expiration of which term, unless satisfactory evidence of incompetency is submitted by the superintendent, the probationer may be elected by the board. Thereafter such teacher shall hold the position during good behavior and shall be removable only for cause, after a hearing, by the affirmative votes of a majority of the board. All probationary appointments shall be made from the head of a merit list, upon which the names of all eligible candidates for appointment as assistant teachers shall appear in the order of their rank in scholarship and qualifications for teaching; and it shall be the duty of the board to prescribe by rules not inconsistent with the laws of the state the means of determining such rank in scholarship and qualifications. All principals shall hold their positions during good behavior and shall be removable only for cause, after a hearing, by the affirmative votes of at least a majority of the board. (Added by L. 1902, ch. 560, in effect April 11, 1902.)

See L. 1902, ch. 560, § 3, ante.

§ 246. Repairs to school buildings.—Whenever in the opinion of the board any repairs are needed to the public school buildings in the city, it shall call upon the city engineer to make such repairs. It shall recommend to the common council, when in its opinion the public interests require, the sale of any school-house, the purchase or lease of any land or building for a school-house, and when authorized thereto by an ordinance of the common council, the board of contract and supply may make such sale, purchase or lease in the manner in this act provided; and it may recommend to the common council the erection of any school building; and when authorized thereto by an ordinance of the common council, the board of contract and supply may erect such buildings in the man