Village of Phoenix, NY
Oswego County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 9-21-1993 by L.L. No. 8-1993 (Ch. 2 of the 1993 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 9.
Code of Ethics — See Ch. 14.
The office of Auditor is hereby established.
[1]
Editor's Note: Original § 2-1, Assessor, which immediately preceded this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 177, Taxation, Art. III, Termination of Status as Assessing Unit.
A. 
The offices of the Clerk and Treasurer shall be separate offices. Any individual hereafter appointed to either position shall meet the residency requirement of living in Oswego County or an abutting county as set forth in Subsection D below.
[Amended 7-15-1997 by L.L. No. 1-1997]
B. 
The offices of Deputy Clerk and Deputy Treasurer are hereby consolidated.
C. 
Notwithstanding any other provisions of law to the contrary, the Deputy Clerk-Treasurer need not be a resident of the Village of Phoenix but must be a resident of the County of Oswego or any abutting or adjacent county to the County of Oswego, including but not limited to the County of Onondaga.
[Amended 3-5-1996 by L.L. No. 2-1996]
D. 
Notwithstanding any other provisions of law to the contrary, the Clerk and/or Treasurer need not be a resident of the Village of Phoenix but must be a resident of the County of Oswego or any abutting or adjacent county to the County of Oswego, including but not limited to the County of Onondaga.
[Added 5-7-1996 by L.L. No. 4-1996]
A. 
The position of Code Enforcement Officer as an employee of the Village of Phoenix is hereby established.
B. 
The Code Enforcement Officer is authorized to issue an appearance ticket in the enforcement of the New York State Uniform Fire Prevention and Building Code and the Code of the Village of Phoenix.
C. 
The duties of the Code Enforcement Officer shall be established by the Board of Trustees by resolution or by local law.
[Added 5-4-2010 by L.L. No. 1-2010[1]; amended 11-1-2016 by L.L. No. 5-2016]
A. 
The position of Village Administrator as an appointed public officer of the Village of Phoenix is hereby established as a part or full time position.
B. 
The specifics of such position, whether same shall be filled, vacated or left vacant from time to time, and the duties of the Village Administrator shall be as established and amended, and upon such other terms and conditions as may be determined, by resolution or if required, by local law enactment of the Village Board of Trustees duly adopted from time to time. In any event, it is established that such position duties may include, in the Village Mayor and subject to Board discretion, those appointments to and performance of the offices of Codes Enforcement, Building Permitting Officer, and such officer positions as required under certain federal and state laws, statutes and regulations, from time to time and as may be required, by the Village Mayor subject to Board approval. This however, shall not prohibit the Village Board from appointing others to any such positions. In any event, no such other positions, their required job duties, compensation or fringe or similar benefits whatsoever shall be determined by or subject to Village Administrator consent or approval.
C. 
The Village Manager shall hold office for a two-year term, to run concurrently with that of the Mayor and Village Clerk-Treasurer and shall be appointed upon term commencement by the Mayor, subject to Village Board approval. Such first two-year term shall commence in 2017 so as to maintain concurrency with the terms of the Mayor and Village- Clerk Treasurer.
[1]
Editor's Note: This local law also repealed former § 36-4, HUD Section 8 Administrator.
A. 
The position of Superintendent of Public Works as an employee of the Village of Phoenix is hereby established.
B. 
The duties of the Superintendent of Public Works shall be established by the Board of Trustees by resolution or by local law.
[Added 5-4-2010 by L.L. No. 1-2010[1]]
A. 
The position of Village Waste Water Treatment Plant Operator as an employee (and not officer) of the Village of Phoenix is hereby established, as a part- or full-time position.
B. 
The specifics of such position, whether same shall be filled, vacated or left vacant from time to time, and the duties of the Village Waste Water Treatment Plant Operator shall be as established and amended, and upon such other terms and conditions, as may be determined by resolution of the Village Board of Trustees duly adopted from time to time.
C. 
Except to the extent prohibited by law, this section formally establishes such position previously established by Village Board resolution and as such is effective retroactively to February 16, 2010.
[1]
Editor's Note: This local law also redesignated former §§ 36-6 and 36-7 as §§ 36-8 and 36-9, respectively.
[Added 5-4-2010 by L.L. No. 1-2010]
The foregoing provisions of this Chapter 36, Article II, notwithstanding, the establishment of the foregoing offices and employment positions shall not be deemed to require the Village to appoint or employ persons in such offices and employment positions established hereunder except as and to the extent otherwise required by law and shall accordingly not be deemed to prohibit same to remain, or from time to time be made vacant, nor to adopt resolution(s) contemplated hereunder in furtherance of the establishment or filling of such offices and employment positions.
A. 
An employee of the Village of Phoenix may be entitled to be paid the cash value of accumulated and unused sick leave standing to the credit of said employee at the time of said employee's separation from service.
B. 
The rate of compensation shall be that established for the last pay period before the time of said employee's separation from service.
A. 
An employee of the Village of Phoenix shall be entitled to be paid the cash value of accumulated and unused vacation time standing to the credit of said employee at the time of said employee's separation from service.
B. 
The rate of compensation shall be that established for the last pay period before the time of said employee's separation from service.
C. 
Where said employee separates from service prior to completing a period of service equal to or greater than said employee's non-holiday vacation time, no credit shall be given for that period of non-holiday vacation time which exceeds the period of service prior to said employee's separation from service.