| SEVENTH: Any statutory provisions uniquely pertaining to the public corporation and the commencement of an action or proceeding against it are as follows: § 33-1. Statutory amendment.
Section 64 of Chapter 53 of the Consolidated Laws, known as the "Second Class Cities Law," as last amendedby local law number three of the year 1953, is hereby superseded and amended to read as follows: Section 64. Claims against the City. No claim against the City except for a fixed salary, for the principal or interest on a bonded or funded debt or other loan, or for the regular or stated compensation of officers or employees inany City department, or for work performed or materials furnished under contract with the City of
Binghamton or for claims arising under the provisions of the Workmen's Compensation Law, shall be paidunless a claim therefor certified by or on behalf of the claimant, in such form as the Comptroller shall prescribe, and approved by the head of the department or officer whose action gave rise or origin to the
claim, shall have been presented to the Comptroller and shall have been audited and allowed by him. TheComptroller shall cause each such claim, upon presentation to him for audit, to be numbered consecutively and the number, date of presentation, name of the claimant and brief statement of character of each claim shall be entered in a book kept for such purpose, which shall at all times during office hours be so placed as to be convenient for public inspection and examination. The Comptroller shall not be required to audit a
claim until two weeks have expired after the date upon which such claim was presented to him. The Comptroller is authorized, in considering a claim, to require any person presenting the same for audit to be
sworn before him touching the justness and accuracy of such claim, and to take evidence and examine
witnesses in reference to the claim, and for that purpose he may issue subpoenas for the attendance of
witnesses. If the claimant be dissatisfied with the audit he may appeal to the Board of Estimate and
Apportionment by serving notice of appeal in writing upon the Comptroller and the Council at any time
before the first regular meeting of the Council that is held after he receives the Comptroller's audit. If the
Council or any taxpayer be dissatisfied with such audit, it or he may appeal to the same board on behalf of the
City, in like manner, by serving notice of appeal upon the claimants and the Comptroller and the Treasurer
within 10 days after the meeting of the Council at which such claims shall have been reported by the
Comptroller. The Board of Estimate and Apportionment shall make rules for the procedure upon the hearing
of such appeals and the decision and audit of that Board after the hearing upon the appeal to it, shall be final
and conclusive as to the amount of the claim; but if there be no appeal from the original audit it shall in like
manner be final and conclusive. Upon the appeal herein provided for, the Treasurer shall take the place of the
Comptroller as a member of the Board. The Comptroller and the Board of Estimate and Apportionment
upon an appeal to it, as herein provided, shall have authority to take evidence and examine witnesses in
reference to the claim and for that purpose may issue subpoenas for the attendance of witnesses; and the
Comptroller and each member of the Board of Estimate and Apportionment is hereby declared to be exofficio
a Commissioner of Deeds. When a claim has been finally audited by the Comptroller he shall endorse
thereon or attach thereto his certificate as to such audit, and the same shall thereupon be filed in and remain a
public record in his office. If any person shall present to the Comptroller for audit a claim in the name of any
person or firm other than that of the actual claimant he shall be guilty of a misdemeanor. |