A.
There shall be a Department of Public Works,
headed by a Commissioner of Public Works who shall be appointed on
the basis of his or her experience and qualifications for office by
the County Executive to serve at his or her pleasure, subject to the
confirmation by the County Legislature.
B.
Powers and duties. Except as otherwise provided
in the Charter, the Administrative Code or state law, the Commissioner
of Public Works shall:
(1)
Have all powers and duties of a county engineer
and a county superintendent of highways, pursuant to the Highway Law
or other applicable law;
(2)
Have such powers and duties in relation to
County facilities for drainage, flood control, sanitation, sewage,
or water supply as may be prescribed by the County Legislature;
(3)
Furnish engineering and other services to
the County Legislature, County Executive, the Department of Planning
and other County departments as authorized;
(4)
Have charge of and have the duty of performing
such other functions concerning County real and personal property,
public works and other matters as the County Executive and Legislature
may, from time to time, direct;
(5)
Have charge and supervision of routine maintenance
and repair of equipment, storage buildings and facilities used by
the department, including highway substations, and all parking areas
serving these facilities;
(6)
Have charge and supervision of the design,
construction and alteration of the County buildings, parking fields
and lots, drives, walks, preserves, beaches, and other public structures
and facilities under the jurisdiction of the County;
(7)
Have charge and supervision of maintenance,
repair and alteration of buildings owned or leased by the County,
parking fields and lots, drives, walks, preserves, beaches and other
public structures and facilities under the jurisdiction of the County,
including custodial care; and
(8)
Except as otherwise provided in the Charter
and subject to the requirements of state law, have the authority to
appoint and remove all officers and employees of the Department of
Public Works.
C.
Reports. On or before March 1 of each year, the Commissioner
of Public Works shall make an annual report to the County Legislature
and County Executive for the immediately preceding calendar year,
covering generally the work of the department. The Commissioner shall
make such other reports at such times as may be required by the County
Legislature, County Executive or any applicable law. Copies of all
reports shall be filed with the Clerk of the County Legislature and
the County Executive.
A.
The Commissioner of Public Works shall have the power
to appoint one or more Deputy Commissioners of Public Works within
the limits of appropriations therefor. Every appointment of a Deputy
shall be in writing, filed and recorded in the Office of the County
Clerk and Clerk of the Legislature.
B.
The term of Office of any Deputy appointed hereunder
shall coincide with that of the Commissioner of Public Works, provided
that any such appointment may be revoked at any time by the Commissioner
of Public Works by written revocation filed with the County Clerk.
Positions of Deputy Commissioner may be in the exempt class of the
civil service; or in the alternative, the deputy may also be an additional
title which may be designated by the Commissioner for a department
staff member.
C.
Deputy Commissioners of Public Works shall perform
such duties pertaining to the Office of Public Works as the Commissioner
of Public Works may direct and shall act generally for and in place
of the Commissioner and perform such other and further duties as the
Commissioner may assign and direct.
D.
If there be but one Deputy Commissioner of Public
Works, he or she shall be the First Deputy Commissioner of Public
Works. If more than one Deputy Commissioner of Public Works is appointed,
the County Commissioner of Public Works shall designate one of them
as First Deputy Commissioner of Public Works in a writing filed in
the Office of the County Clerk and the Clerk of the Legislature.
E.
The Commissioner of Public Works may, with the approval
of the County Legislature, set up and establish appropriate divisions
of the Department of Public Works as well as the responsibilities
thereof and name a Deputy to head any such division.
A.
Subject to approval by the County Executive,
the Commissioner of Public Works shall specify in writing, and in
order of succession, the Deputy Commissioner or Deputy Commissioners
and/or other assistants who shall be Acting Commissioner of Public
Works in the event of his or her absence from the County or inability
to perform and exercise the powers and duties of his or her office.
This specification shall be filed with the County Clerk and the Clerk
of the Legislature and may be revoked at any time by the Commissioner
filing an approved new written designation and order of succession.
B.
The designated Deputy Commissioner of Public
Works shall be Acting Commissioner of Public Works in the event of
the Commissioner's absence from the County or inability to perform
and exercise the powers and duties of the office for no more than
30 days. If the absence or inability of the Commissioner of Public
Works shall extend for over 30 days or in the event there is no designated
deputy, an Acting Commissioner of Public Works shall be appointed
by the County Executive, subject to the County Legislature's confirmation,
for a period not to exceed a total of 180 days in addition to the
initial thirty-day period, or for the entire two-hundred-ten-day period
as appropriate. If the inability of the Commissioner of Public Works
shall extend over 210 days, the County Executive, subject to County
Legislature confirmation, shall appoint a Commissioner of Public Works.
An Acting Commissioner of Public Works shall file his or her designation
and oath of office as such with the County Clerk.
C.
An Acting Commissioner of Public Works shall
have all the powers and duties of the Commissioner during the period
of his or her designation and until his or her successor shall be
appointed and qualified under this section or until a new Commissioner
of Public Works is appointed and qualified pursuant to law.
There shall be an Engineering Division
within the Department of Public Works staffed by licensed mechanical
and structural engineers, responsible to the Commissioner of Public
Works and under his or her supervision, charged with planning, supervision
and oversight of construction and rehabilitation projects for all
County highways, structures, water, sewer and flood control projects
and other County facilities.
There shall be an Administration Division within
the Department of Public Works, the head of which may be either a
Deputy or Controller who acts as an assistant to the Commissioner
of Public Works and supervises the management of department fiscal
affairs. This position is also responsible for the preparation of
the annual departmental budget and in the formulation of capital project
improvement programs. The work is performed under the general direction
of the Commissioner of Public Works with considerable leeway allowed
for the exercise of independent judgment and initiative in work methods.
Supervision is exercised over departmental administrative-support
staff. He or she shall do related work as required.
There shall be a Highways and Bridges Division
within the Department of Public Works, the head of which may be either
a Deputy or Highways and Bridges Field Operations Manager who acts
as an assistant to the Commissioner of Public Works and supervises
and directs the County road, bridge and park maintenance, repair and
construction operations. This position is also responsible for providing
analysis of departmental needs, interdepartmental activities and the
overall scheduling of projects. The work is performed under the general
direction of the Commissioner of Public Works with considerable leeway
allowed for the exercise of independent judgment and initiative in
work methods. Supervision is exercised over all field personnel engaged
in road, bridge and park maintenance, repair and construction. He
or she shall do related work as required.
There shall be a Building and Grounds Division
within the Department of Public Works, the head of which may be either
a Deputy or Buildings and Grounds Administrative Manager who acts
as an assistant to the Commissioner of Public Works and supervises
the operations of the Buildings and Grounds division. This position
is also responsible for providing analysis of departmental needs,
interdepartmental activities and the overall scheduling of projects.
The work is performed under the general direction of the Commissioner
of Public works with considerable leeway allowed for the exercise
of independent judgment and initiative in work methods. Supervision
is exercised over a large staff of maintenance, custodial and office
personnel. He or she shall do related work as required
The County Legislature shall have the
power, by local legislation, to establish such rules and regulations
as may be necessary to provide for use by the public of facilities
under the jurisdiction of the Department of Public Works and to provide
for the enforcement thereof.
