New York Consolidated Laws

N.Y. General City Law § 3 (2026)

Members of common council; appointments to other city offices

✓ current as of May 2026

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§ 3. Members of common council; appointments to other city offices. No
member of the common council of any city shall, during the period for
which they were elected, be capable of holding under the appointment or
election of the common council any office the emoluments of which are
paid from the city treasury, or paid by fees or compensation directed to
be paid by any act or ordinance of the common council, but this section
shall not affect the right to any fees or emoluments belonging to any
office, provided, however, that in any city having a city manager or
council-manager form of government in which a mayor and vice-mayor may
be elected or appointed from the membership of its council, such mayor
and vice-mayor may, in addition to the emoluments received as council
member, receive compensation for their services from the city treasury
as mayor and vice-mayor. An officer of any city who violates any
provision of this section shall be guilty of a misdemeanor and on
conviction thereof their office shall be vacant.

Notes of Decisions

Cited in 2 cases, 1985–1991 · leading case: Girard v. City of Glens Falls, 173 A.D.2d 113 (N.Y. App. Div. 1991).

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Girard v. City of Glens Falls, 173 A.D.2d 113 (N.Y. App. Div. 1991). · cites it 4× “16, General City Law § 3, General Municipal Law § 801 and unspecified "common law rules” for his political conduct.”

Stettine v. Cnty. of Suffolk, 488 N.E.2d 75 (NY 1985). · cites it 2× “2d 433 ), this court had occasion to comment on the legislative intent respecting whether collective bargaining agreements were intended to be included within the sweep of General City Law § 3, a statute from which article 18 also derives, which prohibited city officers from…”

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