Section 173. Common council to audit accounts. 174. Commissioner not to be interested in purchases. 176. Liquor not to be sold to city poor. § 170. Appointment of commissioner. The mayor as soon as practicable, after the first election under this act, shall appoint a commissioner of charities who shall hold his office for the period heretofore specified. § 171. Powers and duties of commissioner of charities. Except as provided by this act the commissioner of charities of the city of Lackawanna shall within the city of Lackawanna have and exercise the same powers and discharge the same duties to the exclusion of any other officer or overseer of the poor of towns. The commissioner of charities of the city of Lackawanna shall also by virtue of his office possess all the powers and authority of overseers of the poor of the several towns of the state in relation to the support and relief of indigent persons; the binding out of children; the care of habitual drunkards; the support of bastards and proceedings to charge the fathers and mothers of such bastards; and shall have all such other powers as are conferred on overseers of the poor in the respective towns of the state; and he shall be subject to the same duties, obligations and liabilities. It .shall be the duty of the commissioner of charities to visit the poor of said city at their several places of abode and to examine into their circumstances and ascertain to what extent they are or may be in need and entitled to permanent or temporary relief or medical attendance. No physician other than the health officer shall be employed by the commissioner of charities to attend poor persons unless otherwise authorized or directed by the common council. The commissioner of charities shall have power to administer oaths to and examine under oath any person applying to him for relief; and false swearing during such examination shall be deemed perjury. The commissioner shall issue written orders for all meals, provisions and supplies furnished to the poor of said city. The said commissioner may at any time apply to the board of health for the services of the health officer to attend the poor of said city. § 172. Monthly report of commissioner. The commissioner of charities at the first regular meeting of the common council in each month shall under oath report in detail to the common council all expenditures for temporary relief, medical attendance and allowances made by him as such commissioner during the month preceding, which report shall specify the name and place of abode of each person relieved, the quantity and price per pound or otherwise, as the case may be, of each article furnished or ordered, and from whom the same was obtained; said report shall also contain the names and places of abode of all persons to whom meals or lodgings have been furnished, from whom obtained or by whom furnished, and the cost of the same. Said report shall be filed with the city clerk. § 173. Common council to audit accounts. All charges and accounts against said city for services rendered, acts done or meals, provisions or supplies furnished under the direction of the commissioner of charities of said city or for medicines furnished by order of the health officer shall be made out in items duly verified by the persons entitled to the payment therefor and presented to the common council at the first regular meeting of said council in each month for all claims and demands incurred or which may have accrued during the preceding month; all such accounts, claims and charges shall, if approved, be audited by the common council and paid from the poor fund of said city. $174. Commissioner not to be interested in purchases. The commissioner of charities shall not directly or indirectly furnish to any person any groceries, provisions, fuel, medicines or property belonging to himself or in which he shall have an interest or be interested, nor shall he receive any commission upon or for any goods or articles of relief furnished or on any orders given by him for any such goods or articles or relief furnished. For any violation of any provisions of this section said commissioner shall be removed from office by the mayor and he shall forfeit to said city a penalty of one hundred dollars for every such violation. Provided, however, that before such commissioner shall be removed he shall have a full opportunity to appear before the mayor in person or by counsel as he may elect and to disprove said charges, and he shall be permitted to have and call such witnesses in his defense as may be reasonable and proper. § 175. Penalties. Any person to whom relief shall be furnished by the commissioner of charities, the board of health or the health officer, who shall sell or exchange any article or property so furnished for intoxicating liquor or for money shall be guilty of a misdemeanor, and any person who shall exchange intoxicating liquor for any article so furnished as relief or charity, knowing the same to have been thus furnished to such person as a poor person, shall be guilty of a misdemeanor. § 176. Liquor not to be sold to city poor. Any person who shall either directly sell or give away to any person who is wholly or partially a charge upon the department of charities of the city any intoxicating liquor shall forfeit a penalty of one hundred dollars for each offense, to be sued for and recovered by the city for the benefit of the poor fund, and in addition thereto shall be guilty of a misdemeanor. Little Falls, Herkimer County. (Note.- Commissioners of charities, except the mayor, who is a member ex officio, appointed by the mayor and common council for a term of four years. No compensation.) Chapter 565, Laws of 1895. ARTICLE VII. The City Board of Charities. Section 130. Organization and procedure of the city board of charities. 131. Rules and regulations of the city board of charities. 132. General powers and duties of the city board of charities; overseer of the poor. 133. Audit and expenditures by city board of charities; payments from poor funds. § 130. Organization and procedure of the city board of charities. The mayor of the city shall be president of the city board of charities, but shall have no vote as a member thereof. Said board of charities shall elect one of its members to be its vice-president, who shall be the presiding officer of the board in the absence of the mayor. Three members of the board shall constitute a quorum, but no action of the board shall be taken except by the concurring votes of at least three members of the board. The board shall cause to be kept by its clerk a journal of the proceedings, full and accurate accounts and records of all moneys appropriated, expended or audited by it, all officers appointed, suspended or removed by it, of all liabilities incurred by it in behalf of the city and of all matters pertaining to the execution of the duties of the board. § 131. Rules and regulations of the city board of charities. The city board of charities may make rules and regulations, not inconsistent with law, for the conduct of its business and of the business of the overseer of poor, and for the performance of all work authorized to be undertaken by it. § 132. General powers and duties of the city board of charities; overseer of the poor. The city board of charities shall have the general management and control of the poor department of the city. The board may secure, by renting, suitable grounds and buildings for the use of the poor department for a term not exceeding three years, and may purchase supplies for the relief of the poor for a term not exceeding one year. Said board shall also appoint at an annual salary to be fixed by it, not exceeding five hundred dollars a year, a competent practicing physician for each fiscal year, whose duty it shall be to render medical and surgical services and attendance to the city poor and perform such other services as said board shall direct. Said board may authorize the temporary care, maintenance and treatment of any sick or injured person at any hospital within the city and audit and allow the expenses thereof; and if the maintenance of such sick or injured person, would as a poor person be chargeable to any other city, town or county or to the state, under general laws, the expense of such temporary care, maintenance and treatment shall be repaid to the city by such other city, town or county or by the state, as the case may be, in the manner provided by general laws. Otherwise than is in this act provided said city shall be deemed to be a town within all the provisions of general laws relating to the poor; and the overseer of the poor of the city shall have the same power and authority, and be subject to the same duties and liabilities as if said city were a town, and he were the overseer of the poor thereof. The overseer of the poor shall have power to administer oaths and take affidavits in all matters pertaining to the duties of his office, and to elicit statements of facts from applicants for relief. § 133. Audit of expenditures by city board of charities; payments from poor fund. Payments of money by the overseer of the poor, to or for the support of the poor, shall be made by warrant on the treasurer, signed by the overseer of the poor, specifying that it is payable from the poor fund. The salary of the overseer of the poor and all orders for supplies issued by the overseer of the poor, and expenditures for supplies made or incurred by the city board of charities shall be audited by the board and shall be paid by the treasurer, upon a warrant signed by the vice-president of the board and countersigned by the clerk thereof, specifying that it is payable from the poor fund. (As amended by chapter 199 of the Laws of 1898.) Lockport, Niagara County. (Note.- Commissioner of charities elected for the term of four years. Salary $600.) Chapter 870, Laws of 1911. ARTICLE XII. Commissioner of Charities; Relief of Poor. Section 300. Commissioner of charities and support and maintenance of poor; office. 301. Bond of commissioner of charities. 302. Duties of commissioner of charities; itemized and verified accounts. 303. Reports of commissioner of charities to common council; examination of reports. 304. Estimate of amount required for relief of poor. |