USA > New York > Kings County > Brooklyn > The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884 Volume I > Part 136
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Having thus given the legislative power of the said corporation, we proceed to give a synopsis of the
Administrative Power, Under the Last Char- ter, vested in the Mayor, the heads of the departments, and such other offieers as shall, from time to time, be created by law or appointed.
The following are the present departments: Finance, Audit, Treasury, Collection, Arrears, Law, Assessment, Police and Excise, Health, Fire and Buildings, City Works, Parks, Public Instruction, Superintendent of Truant Home, Superintendent of Inebriates' Home.
The offices of Mayor, Comptroller and Auditor are elective; all other offices are made by appointment. The term of office of the Mayor, Auditor and Comptroller is two years. A corporation officer, whether elected or appointed, must be at the time of election or appointment a citizen of the United States, a resident and elector of the city for at least three years immediately prior to such appointment, and if elected to any ward office, must be a natural resident in such ward; removal therefrom vacates such office, and no person so elected or appointed, shall, during his term of office, hold any other public office whatever (except commissioner of deeds and notary public), or who shall be directly or indirectly interested in any contract to which the city or any department thereto is a party; and no person so elected or appointed shall receive any compensation whatever, except his salary fixed by law or ordinance, for any services per- formed or work done under any public authority. Such officers are to give ample security to the city for the faithful performance of their duties, and to make and file their oath of office. Elections for Mayor and such other officers as are to be elected shall be held by the electors of the said city on the day of the general election, and under the regulations and law prescribed in regard to State elections. The judges of the City Court of Brooklyn, police justices and justices of the peace, or such of them as are required to be chosen at any election, shall be voted for on a separate ballot, to be en- dorsed " judiciary;" the Mayor, Comptroller and Auditor shall be voted for on a separate ballot, to be endorsed "city officers;" the aldermen and constable shall be voted for on a separate ballot, endorsed "ward officers." Such ballots shall be deposited by the inspector of the different election dis- tricts in separate boxes, to be provided by the city.
No person shall be eligible to the office of Mayor, unless he has resided in the city at least five years, and has attained the age of twenty-five years. His salary was fixed at $10,000 per annum, but by the laws of 1877, chap. 459, the Common Council is authorized to fix the salary of the Mayor. He shall, by virtue of his office, be a Supervisor of the county, and shall possess the jurisdiction and exercise all the power and authority, in criminal cases, of the justice of the peace of said city, in addition to the powers heretofore given him by
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this, or any other act, but shall receive no fees for his services as such justice of the peace, or for his services as supervisor. It is the duty of the Mayor, among other things, to submit to the Board of Aldermen at their first meeting in the month of January, each year, and oftener if he thinks proper, a message or statement of the condition of the city in relation to its government, finances and improvement; to see that the laws and ordinances are duly executed; to exer- cise constant supervision over all officers; to examine into all complaints against them. Among the powers and authority conferred upon him, he can arrest and commit offenders for examination, for offences committed within the city against the laws of the state, the same as a police magistrate or justice of the peace, in any of the towns of the state. He can issue warrants against any and all persons violating any of the ordinances or by-laws of the Common Council, and direct the proper officers to arrest such persons, and summarily to hear, try and determine, and dispose of the same, where the penalty imposed by the said ordinance or regulation shall not exceed ten dollars; if such penalty be not paid forthwith, the mayor shall commit the said offender to the county jail of the county for a term not exceeding thirty days, or until the fine is paid; and in case the penalty exceeds ten dollars the Mayor may, after examination, hold the parties to bail.
The Mayor shall accept, as is otherwise provided, nominate, and with the consent of the Board of Aldermen, appoint the heads of several departments and the assessors; he shall have power to suspend any officer appointed by him, and after such suspension report the fact to the Board of Aldermen, who may, for cause, remove such suspended officer by a vote of two-thirds of all the aldermen elected; but no such removal shall take place until the party sought to be removed has had an opportunity to be heard in his own defense. When there is a vacancy in the office of Mayor, or when absent from the city or too ill to officiate, the President of the Board of Aldermen, or if he be unable to officiate the president pro tempore shall act as Mayor. These are among the most important duties required of the Mayor of Brooklyn.
Department of Finance .- The charter of the city provided for the election of a Comptroller, to be elected at the general election to be held in the year 1874, and every two years there- after, with a salary of $10,000 per annum. Subsequently the Common Council was authorized to fix his salary. He is at the head of the Finance Department, having the direction and management of the accounts and finances of the city, subject to the ordinances of the common council; and he shall render to the common council as often as required a full detailed statement of all receipts and disbursements of the city gov- ernment, specifying the amount expended and unexpended on each appropriation made by the Common Council, with the state of each account, together with a general statement of liabilities and resources of the city, and such other infor- mation as may be necessary to a full understanding of the financial affairs of the city; he shall prescribe the method and forms of keeping and rendering all city accounts, the forms of accounts and pay-rolls to be used in the several de- partments and offices, the manner in which all salaries shall be drawn, the modes by which all creditors, officers and em- ployees of the city shall be paid. All salaries shall be payable monthly.
Department of Audit .- Of the Auditor : The city charter provides for the election of an Auditor every two years at the general election. He is at the head of the Auditing Depart- ment, with a salary to be fixed by the Common Council; it is his duty to examine all bills presented against the city for payment; no claim against the city shall be paid unless he
certifies that the services have been rendered or the materials furnished for which such bills may be presented, and that the charges are just and reasonable.
All money drawn from the treasury must be upon vouch- ers for the expenditure thereof, examined and allowed by the auditor, approved by the comptroller. All bills must by made out in items certified by the head of the department or officer having cognizance of the subject for such claim. He may inspect any book, contract or resolution or other paper docu- ment in the respective departments or offices; he may exam- ine all persons under oath presenting claims for settlement. He shall make a weekly report to the Common Council of the name of every person in whose name an account has been presented during the preceding week, with his decision upon the same.
Treasury Department .- The Mayor shall nominate, and, with the consent of the Board of Aldermen, appoint a Treas- urer, whose term of office is two years, his salary fixed by the Common Council. He is at the head of the Treasury Depart- ment of the city; he receives and deposits daily all moneys belonging to the city in such banks and trust companies, to the credit of city, upon such terms and in such amounts as the commissioners of the sinking fund may direct. It is the duty of the heads of all departments, all justices of the peace, police justices and all other officers of the city, to pay him all monies by them received belonging to the city, at the times directed by the Common Council, or in default thereof by the comp- troller, and to account therefor under oath, with items, to the comptroller. No money can be drawn from the treasury except by an appropriation by the Common Council upon a warrant signed by the Mayor, or acting Mayor, and by the Comptroller or his deputy, and countersigned by the City Clerk, or, in his absence, by his assistant. Such warrant shall specify for what purpose the amount therein mentioned is to be paid. These are the most important duties of the Treasurer.
Department of Collection .- Once in every two years the Mayor shall nominate and, with the consent of the Board of Aldermen, shall appoint a person to be Collector of taxes and assessments, who shall hold his office for two years, and whose salary is fixed by the Common Council. He is at the head of the Department of Collection, and collects and re- ceives all money due, or that may become due, under any warrant delivered to him for taxes and assessments, which he shall pay to the treasurer of the city on the same day on which he receives them. He renders an account thereof to the Comptroller in detail; he has the same powers as the col- lectors in the towns of this state. He is not required to call personally or by deputy upon persons taxed in the annual tax rolls for their taxes, where such taxes are for real estate; but he shall, upon receiving such tax rolls, cause a notice to be published for thirty days in the city newspapers that the said tax rolls have been completed, and a warrant for the collection of the taxes delivered to him, and that all persons are required to pay their taxes at his office without delay, under penalties of the law. He must annex to such notice, and publish therewith, a copy of the tenth section, of title seventh, of the law forming the city charter; he must, after such assessment list and warrant is delivered to him, cause bills of the several amounts therein assessed to be served personally or left at the places of residence of the persons charged with, or liable to pay, such assessments, if residents of the city; if not, he must cause the bills to be sent to such persons by mail, addressed to their reputed places of residence. These are some of the most important duties of the Collector.
Department of Arrears .- The chief officer of this depart- ment is called the " Registrar of Arrears." His salary is fixed
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MUNICIPAL HISTORY OF BROOKLYN.
by the Common Council. All the duties heretofore required by law to be performed by any city officer or department in relation to advertising, selling and leasing property for un- paid assessments, taxes and water rates, and the redemption of property sold therefor, is performed by said department of arrears. The Registrar is nominated by the Mayor, and, with the consent of the Board of Aldermen, appointed every two years, and holds his office two years.
Department of Law .- This department is committed to a Corporation Counsel, nominated by the Mayor, and, by the consent of the Board of Aldermen, appointed to be the Attor- ney and Counsel for the corporation. He has the manage- ment and control of all its law business, and of all its depart- ments, and all the law business in which the city shall be in- terested. He draws all leases, deeds or other legal papers for the city; he is the legal adviser of the Mayor and the Common Council, and the several departments of the corpor- ation. He has charge of, and conducts all proceedings neces- sary in opening, widening or closing streets, avenues, parks, roads or lanes, and all other local improvements of the same kind; he makes all searches and abstracts of title required in opening, widening or extending any street, avenue or square; he can, with the consent of the Common Council, authorize an attorney or other person to appear for him in his name, for and on behalf of the said corporation, and conduct and defend suits and proceedings in all courts and places. His salary is fixed by the Common Council. He is appointed every two years.
Department of Assessment .- This department consists of a President and nine Assessors. The act constituting the city charter made it the duty of the Comptroller and Auditor of the city to appoint a proper person to be president of the Board of Assessors, and the proper persons to constitute tliat board. The term of office of the president and all the asses- sors is three years from the time of their appointment. The president is the head of the said department. His salary and that of the assessors is fixed by the Common Council. The assessors make out the assessment list and rolls for local taxes and improvements, and perform such other duties as may be required of them, under the direction of the president. The Board of Assessors have power, and it is their duty to make all assessments for taxes and local improvements, except for sewers, in the city of Brooklyn, by law provided. They shall include, in every assessment for local improvements, such amount as may be necessary to reimburse to the city the interest upon all advances made in executing such improve- ments. In determining the value of personal property to be assessed for taxes, the assessors may examine, upon oath, every person whom they shall believe ought to be assessed for such property, and may examine, under oath, such other persons as witnesses in relation thereto as they may deem proper; and, for that purpose, may administer oaths and issue process to compel the attendance of witnesses before them. The assessors possess the power to punish any person who shall refuse to make oath concerning his or her property, by a forfeiture for one year of all the rights and privileges given by law, to persons aggrieved by excessive assessments; and the assessors shall, in case of such refusal, use their own judgment in regard to the value of the property of such per- sons refusing to make oath, and assess it according to their judgment, leaving the parties thus assessed without any re- dress, in case of excessive assessment.
Department of Police and Excise .- The department of Police and Excise in Brooklyn consists of a President and two Commissioners; the president of the Board of Police, together with the police commissioners, constitute the Board of Police in the city of Brooklyn. The said president and commis-
sioners are appointed by the Mayor, with the consent of the Board of Aldermen, every two years. The salaries of the president and commissioners are fixed by the Common Coun- cil. The said department has the management and control of all the matters belonging to the police and excise, subject to the ordinances of the common council and the laws of the state.
The city is divided into precincts, not exceeding one pre- cinct to each 36 of the patrolmen authorized to be appointed. The said board may establish sub-precincts, and assign, not to exceed three sergeants, two doormen, two roundsmen, and as many patrolmen as may be deemed sufficient to each sub-precinct, and appoint a telegraph superintendent, three telegraph operators and one assistant telegraph operator. It appoints as many captains of police as there may be pre- cincts, and assigns one captain, and as many sergeants, roundsmen, patrolmen and doormen as it shall deem suffi- cient to each precinct. It also appoints a counsel and fixes his compensation, which shall not exceed $2,500; it appoints (not to exceed five) surgeons, and as many mounted sergeants, roundsmen and patrolmen as the Common Council shall authorize.
The whole police force of the city consists of a Superintend- ent, whose salary is $4,000 a year; one Inspector, salary, $3,000; captains, whose salaries are $2,000 per year each; sergeants, salary, $1,500 each; roundsmen, salaries, $1,100 each; patrolmen, salaries, $1,100 each; doormen, salaries, $800 each; drill captain, $1,800; police surgeons, $1,500 each. The number of sergeants shall not exceed four for each pre- cinct, three for each sub-precinct, and one for each special squad; the number of roundsmen shall not exceed two for each precinct or sub-precinct; the number of doormen shall not exceed two for each precinct or sub-precinct, two for head-quarters, and one for each special squad; the number of patrolmen shall not exceed the number authorized by law, unless the Common Council, under certain proceedings, au- thorize a greater number. Special patrolmen may be appoint- ed in case of riot; criminal process, issued out of any court having criminal jurisdiction in the city, must be served by a member of the police force, and not otherwise. The
members of said force possess the powers of constables, except for the serving of civil process.
The duties and powers of the police force are very great. They are especially empowered to preserve the public peace ; prevent crime; detect and arrest offenders; suppress riots, mobs and insurrection; disperse unlawful and dangerous as- semblages, and assemblages which obstruct passage in public streets, sidewalks, parks and places; protect the rights of persons and property; guard the public health; preserve order at election, and all public meetings and assemblages; prevent and regulate the movement of teams and vehicles in streets; remove all nuisance from the streets, parks and highways; arrest all street mendicants and beggars; advise and protect emigrants, strangers and travelers in public streets, at steam- boat and ship landings, at railroad stations; carefully observe and inspect all places of public amusement, all places of busi- ness having excise or other license to carry on business, all houses of ill-fame and prostitution, and all houses where common prostitutes resort or reside, all gambling houses, cock-pits, rat pits, and public common dance houses, and to repress and restrain all disorderly or unlawful conduct or practices therein; enforce and prevent the violation of all laws and ordinances in force in said city ; and for these pur- poses, with or without warrant, to arrest all persons guilty of violating any law or ordinance for the suppression of crime and offences. The board appoints an officer known as Police Fire Marshal of the city of Brooklyn ; he must take
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the constitutional oath of office, and hold such office during the pleasure of the board. His salary is $3,000 per year. Among his duties is an examination into the causes, circum- stances and origin of fires occurring in the city, by which any building, vessel, vehicle, or any valuable personal pro- perty shall be accidentally or unlawfully burned, de- stroyed, lost or damaged, wholly or partially, and to especi- ally inquire and examine whether the fire was the result of carelessness, or the act of an incendiary. He may examine, under oath, all persons supposed to be cognizant of any facts, or to have means of knowledge in relation to the matters herein required to be examined and inquired into. He may, at all times of the day or night, in the performance of the duties imposed upon him, enter upon or examine any build- ing or premises where any fire shall have occurred, and the building adjoining the premises, and near to that in which the fire occurred. The said board has the power and per- forms the duties which are now conferred upon Boards of Excise in this state, under the provisions of an act entitled, " an act regulating the sale of intoxicating liquors," passed April 11th, 1870, subject to directions in granting licenses of the Common Council. The Department of Police and Ex- cise, in the city of Brooklyn, is one of the best constituted, most practical, safe and efficacious of any department of the kind in any of the municipalities in this republic. The per- son, the property, and the rights, not only of the citizens of Brooklyn, but of the strangers in their midst, are most se- curely protected by a vigilant, able and experienced police, who fully understand their duty, thoroughly perform it, never transcending their powers.
A detailed and valuable history of the origin, growth and development of these several departments, written by the Editor of this work, will be found in another part thereof ; for this reason we shall omit any further description, except in some statistics connected therewith.
Department of Health .- This department is known as the Board of Health of the city of Brooklyn, which has jurisdic- tion over the city. Its management and control is vested in a Board of Health composed of the president of the Board of Aldermen, the president of the Board of Police and one physician, who shall have been ten years in active practice, and for five years a resident of the city of Brooklyn, imme- diately prior to his appointment. The Mayor nominates, and with the consent of the Board of Aldermen, appoints a physician, eligible to the office, as a member of the said Board of Health, and who is the president thereof. The board, thus constituted, has power to act as a legislative board in regard to all matters pertaining to public health and of the registration of vital statistics in the city, and to make such rules and regulations, and such appointments of officers and employees, as it may deem necessary for the proper carrying out and enforcement of all laws, ordinances and codes that may be prescribed for its government, for the pro- tection of the public health, and for the care and registration of such statistics. The said board has power to prepare such ordinances as it shall deem to be required for the protection of the public health, and for securing the proper registration of births, marriages, deaths, and such other statistical infor- mation as may be necessary for the efficient working of the department, with penalties for the punishment of any dis- obedience to its ordinances or orders. Finally the power of the said board is plenary, extending to every person, animal, matter, thing, building, out-house, sewer, shop or manu- factory, by which, or through which, the health of the city is, or can be in any way affected. (For a history of this department, see pages 563 to 568.)
The Department of Fire and Buildings .- It is thorough and exhaustive in its action, tending to the protection of the city from the ravages of fire in a manner that gives the citizens of Brooklyn a feeling of security and protection, realized by but few cities in the nation. This department consists of a president and two commissioners; they are ap- pointed every two years by the Mayor, with the consent of the Board of Aldermen. The salary of the president is $5,000 per year, and of each commissioner $4,000, subject to be changed or fixed by the Common Council. Among the duties of the said commissioners are the following: they possess fully and exclusively all the powers and perform all the duties for the government, management, maintenance and direction of the fire department of the city, and the premises and property thereof, subject to the direction of the Common Council, except such power and authority as is now vested by law in the trustees of the Fire Department of the Eastern and Western districts of the city, which said divisions shall remain distinct from each other so far as relates to the Widows' and Orphans' Fund of each district, but for no other purpose. The Common Council provides supplies, horses, tools, implements and apparatus of all kinds (necessary to be used in the extinguishing of fires,) and fire telegraphs, and provides suitable locations for the same; they have power to buy, sell, contract for and have the care of the same, and take any and all such action in the premises as may be necessary and proper. This department possesses and exercises full and exclusive power for the government, management and main- tenance of the several buildings, premises, property and ap- purtenances thereto, and all apparatus, hose, implements and tools of all kinds connected or belonging to the fire depart- ment of the city; the commissioners have power to select a secretary, chief and assistant engineers, and as many clerks, foremen, engineers, drivers, inspectors and bell-ringers as may be necessary, provided that the salaries of such em- ployees, in the aggregate, shall not exceed the amount annually raised by the proper officers for such purpose; the said employees are under the control of the commissioners, and the chief clerk in the building bureau of the Department of Fire and Buildings shall be known and designated as the Superintendent of Buildings, having charge under the direc- tion of the commissioners of said building bureau, and such matters connected therewith as is provided by law.
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