LOCAL LAW No. 3

A local law providing for the publication and distribution of an official paper, to be known as the City Record.

Became a law January 28, 1925, with the approval of the Council. Passed by the local legislative body of the city of Buffalo.

Be it enacted by the council of the city of Buffalo as follows:

Section 1. There shall be published daily, Sundays and legal holidays excepted, under the supervision and direction of the city clerk, a paper to be known as the City Record, which paper shall be the only paper to be included within the term official paper as the same is used anywhere in the charter, local laws or ordinance of the city of Buffalo. The council shall provide for all the necessary expenses of conducting the City Record. There shall be inserted in said City Record nothing aside from such official matters as are expressly authorized. The council may publish the City Record or may contract for the same as provided in section fifty of the charter of the city of Buffalo. The city clerk shall cause to be delivered to each department and officer of the city a sufficient number of each issue of the City Record for the use of such department or officer and shall also provide for a gratuitous distribution to every newspaper regularly printed in the city of Buffalo, when it shall apply for the same, of two copies, and to every public library or public institution in said city, when it shall apply for the same, of one copy. The city clerk shall receive subscriptions to the City Record at a rate to be fixed from time to time by resolution of the council, and shall cause copies of said City Record to be delivered to the subscribers thereof by mail. Single copies of said City Record shall be on sale at the city clerk's office and such other places as he may designate, if any, at a rate to be fixed from time to time by resolution of the council.

All advertising required to be done for the city or any of its officers or departments in the official paper, and all notices required by law or ordinance to be published in the official paper, shall be inserted only in the City Record and publication therein shall be a sufficient compliance with any law or ordinance requiring publication of such matters or notices. If any publication shall have been commenced in any daily paper as the official paper, the publication shall be completed by it with like effect as if it were the official paper.

§ 2. Section twenty-five of chapter two hundred and seventeen of the laws of nineteen hundred and fourteen, known as the charter of the city of Buffalo, is hereby superseded.

§ 3. Local law number five of the year nineteen hundred and and twenty-four, entitled, "A local law permitting publication by the city of various matters and advertisements in the City Record and in the council proceedings and providing for the printing and distribution of the same," is hereby repealed.

§ 4. This local law shall take effect April first, nineteen hundred and twenty-five.

LOCAL LAW No. 4

A local law empowering the city of Buffalo to lease, purchase, own, operate and maintain bus and motor vehicle lines.

Became a law February 25, 1925, with the approval of the Council. Passed by the local legislative body of the city of Buffalo.

Be it enacted by the council of the city of Buffalo as follows:

Section 1. In addition to other powers conferred by law, the city. of Buffalo is hereby empowered to lease, purchase, own, operate, and maintain bus and motor vehicle lines for the transportation and conveyance of passengers within the city.

§ 2. This local law shall be known as "section five-b Local." 3. This local law shall take effect immediately.

LOCAL LAW No. 5

A local law regulating the disbursement of percentages of certain fire insur ance premiums paid to the treasurer of the Firemen's Relief and Pension Fund of the city of Buffalo.

Became a law April 22, 1925, with the approval of the Council. Passed by the local legislative body of the city of Buffalo.

Be it enacted by the council of the city of Buffalo as follows:

Section 1. Ten per centum of the amount becoming due on or after February first, nineteen hundred and twenty-five, and actually received by the treasurer of the Firemen's Relief and Pension Fund of the city of Buffalo, as provided in sections two hundred and seventy-five, two hundred and seventy-five-a, two hundred and seventy-five-b, two hundred and seventy-five-c, two hundred and seventy-five-d, two hundred and seventy-five-e, two hundred and seventy-five-f, two hundred and seventy-five-g, two hundred and seventy-five-i and two hundred and seventy-five-j of the charter of the city of Buffalo, shall be paid annually to the treasurer of the Firemen's Association of the state of New York for the support or maintenance of the Volunteer Firemen's Home at Hudson, New York. Forty-five per centum of such amounts due and payable on February first, nineteen hundred and twentyfive, and thereafter to and including February first, nineteen hundred and thirty-five, and actually received by the treasurer of the Firemen's Relief and Pension Fund of the city of Buffalo, together with an annual sum of seven hundred and fifty dollars, shall be paid to the Firemen's Benevolent Association of Buffalo. Said Firemen's Benevolent Association of Buffalo shall not be entitled to nor receive any portion of the moneys so becoming due under the provisions of the sections of the charter above mentioned subsequent to February first, nineteen hundred and thirty-five.

It shall be the duty of the Firemen's Benevolent Association of

Buffalo to furnish the treasurer of said pension fund with such information as it is able to obtain from time to time relating to the amounts due said fund and the names and addresses of the persons by whom said sums are payable, and in general to co-operate with said treasurer along lines to be specified by him in carrying out the intent of this local law and of the sections of the charter of the city of Buffalo to which reference is made above. Such assistance shall be rendered without expense to said pension fund.

§ 2. Section two hundred and seventy-five-h of chapter two hundred and seventeen of the laws of nineteen hundred and fourteen, known as the charter of the city of Buffalo insofar as the same is inconsistent with the provisions of this local law, is hereby superseded.

§ 3. This local law shall be known as "section two hundred and seventy-five-h-Local."

§ 4. This local law shall take effect immediately.

LOCAL LAW No. 6

A local law regulating the removal and discipline of civil service employees of the city of Buffalo.

Became a law December 2, 1925, with the approval of the Council. Passed by the local legislative body of the city of Buffalo.

Be it enacted by the council of the city of Buffalo as follows:

Section 1. No employee of the city of Buffalo holding a position in the classified civil service subject to competitive or qualifying examination, shall be removed from such position, reduced in rank, suspended, fined, or otherwise punished or disciplined, except for incompetency, misconduct or insubordination shown after a hearing upon written charges specifying in detail the accusation. made. A copy of such charges shall be served upon the accused employee, and he shall be afforded a reasonable time in which to prepare for the hearing; he shall be entitled to be present at his trial, to be heard in person and by counsel, and to give and furnish evidence in his defense. The burden of proving incompetency, misconduct or insubordination shall be upon the person alleging the same. Every person, whose rights in any way may be prejudiced, shall be entitled to a writ of certiorari, to remedy the wrong. In case of a removal, a statement showing the reasons therefor, together with any evidence taken, shall be filed in the department or office where the accused was employed. The council shall designate one of its members to hear and try said charges, and report his recommendation, but no determination shall be effective unless made by three or more members of the council.

§ 2. The provisions of this local law shall not apply to any em

ployee of the city who is, by law or otherwise, entitled to be tried on charges, to the department of police or the department of fire.

§ 3. This local law shall supersede any provisions of the city charter inconsistent herewith.

§ 4. This local law shall take effect immediately.

LOCAL LAW No. 7

A local law in relation to the firemen's relief and pension fund of the city of Buffalo.

Became a law December 9, 1925, with the approval of the Council. Passed by the local legislative body of the city of Buffalo.

Be it enacted by the council of the city of Buffalo as follows:

Section 1. Pensions from the firemen's relief and pension fund shall be granted only by vote of the council subject to the following provisions:

(1) Retirement. (a) Any member of said fund, who, by long service and exposure in the actual service of the department, without fault or misconduct on his part, shall either have received an injury or contracted any disease or disability which permanently incapacitates him, physically or mentally, from performing full duty, may be retired by the council upon the certificate of a surgeon of the department, to the effect that such physical or mental disability exists and is permanent.

(b) Any such member, upon his own application, under like conditions and upon such certificate of a surgeon of the department, may be retired from service.

(c) Any member of said fund, who, within one year after his original appointment to service in the department, becomes afflicted with any disease or disability which permanently incapacitates him physically or mentally from performing full duty, which disease or disability arose from causes other than those stated under heading (a) of this subdivision, may be retired by the council upon the certificate of a surgeon of the department that such physical or mental disability exists and is permanent.

If, however, the person, concerning whom a certificate is made as provided under headings (a), ('b') and (c) of this subdivision, is dissatisfied with the conclusions therein set forth, either as to the existence or non-existence of the injury or disability, or the character of the same, he may file a statement to that effect with the council within thirty days after the certificate of a surgeon of the department is filed with the council, and thereupon three competent physicians and surgeons shall be selected, two to be selected by the council and one by the member affected. A surgeon of the department shall not be one of the three physicians and surgeons so selected. The certificate signed and verified by such three physicians and surgeons, or by

a majority of them, shall be final and conclusive as to the matters in said certificate set forth for a period of one year thereafter. Such certificate shall be accepted in lieu of a certificate of a surgeon of the department, and in so far as it certifies to the existence of an injury or disability of a permanent character, it shall be final and conclusive. The fee of such physicians and surgeons shall be paid by the person examined.

(d) Any member of said fund, upon his own application, after twenty-five years of actual service in said department or a combined service of twenty-five years in the police and fire departments, shall be retired from further service. Any leave of absence without pay from either department shall not be counted as a part of the twenty-five years' service.

(2) Amount of pensions. (a) Members. Each member retired for physical or mental disability, except those who are retired under the provisions of heading (c) of subdivision one above, and each member who is retired after twenty-five years of service, shall receive a pension equal to one-half of his salary or compensation received at the time of his retirement. Members retired under the provisions of heading (c) of subdivision one above, shall receive such pension as may be fixed by the trustees of the fund in their discretion, not exceeding one-half of the salary or compensation received by the member at the time of his retirement, due consideration, among other things, being given to the length and character of service rendered by such member of the department. In addition to the provisions of subdivision three of this section, the pension of any member of said fund, who is retired after this local law takes effect, and who thereafter is engaged in any business, occupation or employment from which profit, remuneration, income or salary is derived, shall be subject to the reduction stated below. The pension payable to a member so retired, while engaged in business, occupation or employment, shall be such sum as when added to the profit, remuneration or salary received, will not exceed the salary paid to such member by the city of Buffalo at the time of retirement, provided always that no pension payable hereunder shall exceed in any case one-half the salary received at the time of retirement.

Each member hereafter retired on a pension shall submit to the council from time to time information in relation to the business, occupation or employment in which said member is engaged. engaged. Such information shall be submitted in the form, at the times and concerning the matters required by the council. Pension payments may be suspended during the time a member omits or refuses to furnish such information required by the council. If for any reason an overpayment is made to any such pensioner for any year, such overpayment may be deducted from the amount of his pension in any subsequent year.

(b) Widows. Subject to the provisions of headings (c) and (e) of this subdivision the widow of a member who is killed in the discharge of his duty shall receive a pension for one year equal to the yearly salary or compensation of the member, and