[Adopted 12-19-1988 by L.L. No. 4-1988]
There is hereby created within the Town of Penfield a department to be known as the "Department of Public Works."
The Highway Department is hereby assigned to said Department of Public Works for supervision, which includes highway, drainage and solid waste.
The position of Director of Public Works is hereby created to administer such Department. The position of Deputy Director of Public Works is also created to assist the Director in specific duties/tasks assigned. The terms of office shall be at the discretion of the Town Board.
The Director of Public Works shall have the following responsibilities and perform the following duties:
A. 
Supervise and direct the activities of the Highway Department, which include highway, drainage and solid waste. This supervision shall coordinate the policies of the Town Board.
B. 
Ascertain that the Town ordinances/local laws, county and state codes, rules or regulations that pertain to the Public Works Department are complied with and implemented where necessary.
C. 
Establish and maintain close liaison and cooperation with the State and County Departments of Public Works/Highways.
D. 
From reports submitted by department heads and other sources, formulate programs for the various special districts/programs (drainage, highway, solid waste) that will efficiently meet the needs of the people in the special district/Townwide.
E. 
Ensure that all highway equipment, facilities and buildings are adequately maintained through periodical inspections and report to the Town Board any findings that require action.
F. 
Review and approve any specifications for supplies, new equipment and repairs before the specifications are submitted for competitive bidding.
G. 
Review and manage the public works budget; submit a monthly report to the Town Board.
H. 
Ensure that all public works projects under contract to private individuals and projects being performed by Town personnel are adequately inspected.
I. 
Answer questions, investigate requests for assistance relating to public works issues, whether received from the public or assigned by the Town Supervisor, report to the Supervisor as to how the matter was disposed of and include in the monthly report to the Town Board a summary of complaints by category.
J. 
Prepare news items involving public works for release to the news media. The Supervisor and Town Board must approve the items before release and will determine the extent of coverage.
K. 
Develop a five-year capital expenditure program for the Highway Department and submit it to the Town Board annually.
L. 
Recommend to the Town Board any new ordinances/local laws or revisions to existing ones that will improve the operation or efficiency of the Department or in any way favorably affect the general welfare of the Town and its residents.
M. 
Recommend to the Town Board any changes in the organization of the Highway Department that seem desirable.
N. 
Administer Town personnel policies affecting Highway Department employees, and write job classifications; perform all necessary performance appraisals for each employee.
O. 
Establish personnel training procedures and ensure that there will be sufficient manpower available and trained when vacancies occur or during an absence.
P. 
Establish uniform procedures for hiring new personnel.
Q. 
Establish procedures for determining the operating and maintenance costs on all major equipment items and make economic comparisons when requested by the Supervisor or Town Board.
R. 
Have the power, subject to the approval of the Town Board, to appoint and, for cause, remove personnel in the Highway Department.
S. 
Issue stop-work orders whenever the Director of Public Works has reasonable grounds to believe that any work pertaining to roadway and drainage construction is in violation of any ordinance, local law or the design criteria of the Town of Penfield or that such work or activity endangers life, property or the environmental balance.
(1) 
The Director of Public Works shall have the authority to designate employees of the Department to issue orders to stop work on his or her behalf.
(2) 
When an order to stop work is issued pursuant to other authority granted hereinabove, such order shall be posted by the Director of Public Works in a conspicuous place in the vicinity of the work or activity in violation.
(3) 
It shall be an offense for any person to fail to comply with a properly issued order to stop work. Each day that such an offense continues shall be deemed a separate offense. Each offense shall be punishable by a fine of not more than $500 or 15 days' imprisonment, or both.
[Amended 12-16-2015 by L.L. No. 3-2015]
The Deputy Director of Public Works is to provide any and all support services to the Director of Public Works in the form of inspections, reviewing/developing programs or any other support seminars requested.
The qualifications for Director of Public Works shall be as follows:
A. 
The Director of Public Works shall be completely familiar with the Town, operation of all departments and have a general knowledge of highway equipment. He/She must be technically competent to perform all of the duties outlined above in § 11-8. It is desirable that he/she have one or more years' experience as an administrative employee of the Town before assuming the job. A college degree is also desirable, but eight years of experience may be accepted in lieu thereof. Knowledge of law, engineering and highway construction is essential.
B. 
The Director of Public Works must be knowledgeable in modern administrative procedures, accounting techniques and office methods. He/She must have the ability to maintain good relationships with subordinates and the other Town departments. He/She must be adapt in serving the Town's residents and in dealing with developers, contractors, professional people, the news media and others with whom contact is made.
A. 
The Deputy Director of Public Works shall be completely familiar with the Town, the operation of all departments and have a general knowledge of Town equipment and appurtenance.
B. 
The individual must have a minimum of three years' experience as an employee in one of the following Town departments: Highway, Sanitary Sewer, Planning, Zoning and Physical Services, Recreation or the Building Department.
C. 
This position has no supervisory responsibilities.
This article is intended to supersede New York Town Law § 64, Subdivision 21-a(2), relating to the term of office of the Director of Public Works.