[HISTORY: Adopted by the Town Board of the Town of Dickinson 9-9-2003 by L.L. No.
2-2003 (Ch. 35 of the 1983 Code). Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Commissioner of Public Works of the Town of Dickinson, Broome
County, New York.
Department of Public Works of the Town of Dickinson, Broome
County, New York.
Deputy Commissioner of Public Works of the Town of Dickinson,
Broome County, New York.
Town of Dickinson, Broome County, New York;
Town Board of the Town of Dickinson, Broome County, New York.
Town Clerk of the Town of Dickinson, Broome County, New York.
Town Supervisor of the Town of Dickinson, Broome County,
New York.
There is hereby created and established the Department of Public
Works of the Town of Dickinson, Broome County, New York, hereinafter
referred to as the "Department of Public Works," as a separate department
of government of the Town.
The Department of Public Works shall be responsible for the
construction, repair, maintenance and cleaning of all Town highways,
Town roads, Town streets, and Town parking facilities and the removal
of snow therefrom; the construction, repair, maintenance and cleaning
of all Town buildings and facilities and the buildings and facilities
of every improvement district or other district or agency thereof;
the installations and maintenance of traffic control devices and street
signs on all Town highways, Town roads, Town streets, and Town parking
facilities; the construction, repair, maintenance and cleaning of
storm drainage systems under the jurisdiction of the Town or any improvement
district or agency thereof; the construction, repair, maintenance
and cleaning of sanitary sewers owned, or under the sole jurisdiction
of, the Town or any improvement district or other district or agency
thereof; the construction, maintenance and operation of such other
sewer facilities to the extent the same are delegated to the Department
of Public Works by the Town Board; the construction, operation, repair
and maintenance of water pumping facilities and water distribution
systems owned by, or under the sole jurisdiction of, the Town or any
improvement district or other district or agency thereof; the billing
of customers or use of water and/or sewer services supplied by the
Town or by any improvement district or other district or agency thereof;
the operation and maintenance of park and other recreation facilities
owned by, or under the sole jurisdiction of, the Town or any district
or agency thereof; and such other work and/or services as the Town
Board may lawfully direct. Notwithstanding the foregoing, this chapter
shall not prohibit the Town Board from providing for construction
of any public building, street, highway, road or other facility by
public contract. In addition, the Department of Public Works shall
provide all services required or desirable in order to enable the
Commissioner of Public Works to fulfill any duty or responsibility
imposed upon such official, whether or not in his capacity as Town
Superintendent of Highways, by this chapter or by any other local
law, ordinance or regulation of the Town or by any lawful directive
of the Town Board or by any statute of the State of New York.
There is hereby created the Office of Commissioner of Public
Works of the Town of Dickinson, Broome County, New York. Such Office
shall be in the unclassified civil service.
The elected Town Superintendent of Highways shall be the Commissioner
of Public Works and may be referred to by either title.
Each Commissioner of Public Works shall hold office as such
during his term of office as Town Superintendent of Highways and until
his successor as Town Superintendent of Highways has been appointed
and qualified, unless sooner removed.
The Commissioner of Public Works shall be the principal executive
officer and the administrative head of the Department of Public Works.
The Commissioner of Public Works, as Town Superintendent of Highways,
shall have all the powers and duties of a Town Superintendent of Highways
except to the extent that any power or duty of a Town Superintendent
of Highways is lawfully reserved by the local law to the Town Board.
The salary of the Commissioner of Public Works shall be fixed
annually by the Town Board and shall be paid out of the general funds
of the Town from such moneys as the Town Board shall direct from any
improvement or benefit district of the Town, pursuant to Town Law
§ 202-a(7), and shall not be a charge, in whole or in part,
upon any item of the highway fund. Such Commissioner shall not receive
any additional compensation as Town Superintendent of Highways, but
his salary may be shown in any budget or notice relating to such budget
either under the classification of Town Superintendent of Highways
or Commissioner of Public Works.
B.
The Highway Division shall be responsible for the construction, repairs,
maintenance, and cleaning of all Town highways, Town roads, Town streets,
and Town parking facilities and the removal of snow therefrom; the
construction, repair, maintenance and cleaning of storm drainage systems
under the jurisdiction of the Town or any improvement district or
other district or agency thereof; such other services as may be directed
by the Town Board to be performed by the Department of Public Works
and assigned to the Highway Division by the Commissioner of Public
Works; and all services required by statute to be performed by Town
Highway Departments when such a department exists. This chapter shall
not prohibit the Town Board from providing for construction of any
public building, street, highway, road or other facility by public
contract or for the providing of other services, goods or construction
by public contract.
C.
The Sewer and Water Division shall be responsible for the construction,
repair, maintenance, cleaning of sanitary sewers owned, or under the
sole jurisdiction of; the Town or any improvement district or other
district thereof; the operation, repair and maintenance of any sewage
treatment plant owned by, or under the sole jurisdiction of; the Town
or any improvement or other district or agency thereof; the construction,
maintenance and operation of other public sewer facilities to the
extent the same be delegated to the Department of Public Works by
the Town Board; the construction, operation, repair and maintenance
of water pumping facilities, and water distribution systems owned
by, or under the sole jurisdiction of; the Town or any improvement
district or other district or agency thereof; the billing and financial
administration of the sewer and water services; and such other services
as may be directed by the Town Board to be performed by the Department
of Public Works and assigned to the Sewer and Water Division by the
Commissioner of Public Works. This chapter shall not prohibit the
Town Board from contracting with any person, firm, corporation or
other entity for the providing of any such services.
D.
The Parks Division shall be responsible for the operation and maintenance
of park and other recreation facilities owned by, or under the sole
jurisdiction of, the Town or any district or agency thereof as well
as for such other services as may be directed by the Town Board to
be performed by the Department of Public Works and assigned to the
Parks Division by the Commissioner of Public Works. This chapter shall
not prohibit the Town Board from contracting with any person, firm,
corporation or other entity for the providing of any such services.
There is hereby created in the Department of Public Works the
Office of Deputy Commissioner of Public Works of the Town of Dickinson,
Broome County, New York.
The Town Board shall appoint a Deputy Commissioner of Public
Works. The term of office of a Deputy Commissioner of Public Works
shall expire at 12:00 midnight on the 31st day of December next succeeding
the biannual Town election following the appointment of such Deputy
Commissioner. The Deputy Commissioner shall serve as such until the
expiration of his term as such and until his successor has been appointed
and qualified, unless sooner removed from office. Anything herein
to the contrary notwithstanding, the Deputy Commissioner of Public
Works shall be removable at the pleasure of the Town Board. The Deputy
Commissioner of Public Works shall be in the exempt class of the civil
service. A vacancy in the office of Deputy Commissioner of Public
Works occurring other than by the expiration of term of office shall
be filled only for the remainder of the unexpired term, provided that
a Deputy Commissioner of Public Works appointed to fill such a vacancy
shall serve as such until the expiration of such term and until his
successor has been appointed and qualified, unless sooner removed.
A.
The Deputy Commissioner of Public Works shall be the administrative
supervisor of the Highway Division, subject to the supervision, direction
and control of the Commissioner of Public Works. In the event of the
absence or disability of the Commissioner of Public Works, the Deputy
Commissioner of Public Works for Highways shall be the Acting Commissioner
of Public Works and shall have all the authority and duties of the
Commissioner of Public Works, including the authority and duties of
acting Town Superintendent of Highways.
B.
The Deputy Commissioner of Public Works shall be the administrative
supervisor of the Water Division and of the Sewer Division, under
the direction and control of the Commissioner of Public Works.
All employees of the Department of Public Works (except the
Deputy Commissioner) shall be appointed by the Commissioner of Public
Works within the budgetary appropriations thereof, and shall hold
the position to which appointed at the pleasure of the Commissioner
of Public Works; provided, however, that any employee in the classified
civil service may be removed only for cause. "Employee" as used in
this section of this chapter shall not include the Commissioner of
Public Works.
The Commissioner of Public Works may transfer any employee of
the Department of Public Works from one division or office thereof
to another division or office thereof, and such transfer may be on
either a temporary or a permanent basis; provided, however, that the
salary of any employee so transferred shall not be reduced by reasons
of such transfer, and further provided that the salary of no employee
so transferred shall be increased by reason of such transfer unless
such salary increase be approved in advance by the Town Board, provided
that in an emergency designated as such by the Town Supervisor the
salary of an employee of the Department of Public Works may be transferred
to a classification with a higher pay scale for a period not to exceed
three days in any one month without the approval of the Town Board.
"Employee" as used in this section of this chapter shall not include
the Commissioner of Public Works or the Deputy Commissioner of Public
Works.
Except as in this chapter expressly provided, this chapter shall
not in any manner change the present provisions of law in effect in
the Town, by reason of any provisions of any state statute or otherwise,
relating to the parcels of real property presently responsible for
the payment of highway items one, two, three, and four, and these
items shall continue to be charged in the same manner as if this chapter
had not been adopted. There shall be no change in the payment of real
property taxes for maintenance, operation and capital cost of any
improvement district or other district of the Town. Except as herein
expressly provided, all of the charges for the foregoing shall continue
to be assessed in the same manner as if this chapter had not been
adopted and the bookkeeping procedures of the Department of Public
Works and in the Office of the Town Supervisor shall be adjusted to
accommodate the provisions for tax payments for such items in the
same manner as if all of the items were being performed by individual
departments, districts or agencies of the Town. Except as otherwise
specifically provided in this chapter, all costs and expenses lawfully
incurred by the Department of Public Works on behalf of any special
Town project shall be charged against such districts or project and
paid from the funds duly appropriated for the purpose of such district
or project.
All property, equipment and budgetary appropriations of or for
the Highway Department of the Town are hereby transferred to the Department
of Public Works. The employees of said Highway Department shall be
continued as employees of the Department of Public Works with the
same classification, salary, benefits, pensions and retirement rights
and privileges as they had immediately prior to such transfer; provided,
however, that nothing herein contained shall be construed to deprive
the Town Board of any power it now has, or may under this chapter
or otherwise have, with respect to the hiring, firing, disciplining
and fixing salaries of such employees. The employees of every water
and sewer district of the Town as well as any other employees of the
Town, performing functions which are hereby transferred to the Department
of Public Works shall be continued as employees with the same classification,
salary, benefits, pensions and retirement rights and privileges as
they had immediately prior to such transfer; provided, however, that
nothing herein contained shall be construed to deprive the Town Board
of any power it now has with respect to the hiring, firing, disciplining
and fixing salaries of such employees. The Town Superintendent of
Highways shall not be considered an employee of the Highway Department
of the Town for the purposes of this section of this chapter.
Nothing herein contained shall be construed to delegate or transfer
any power of the Town Board contained in §§ 51 and
64 and Articles 12, 14 and 15 of the New York State Town Law or provided
by the New York State Municipal Home Rule Law or other powers which
may be lawfully exercised by said Board. The Commissioner of Public
Works shall have the right to suspend, with pay, any employee, including
the Deputy Commissioner, for a period of not more than two weeks for
cause and shall report such suspension to the Town Board within three
days of such suspension with his recommendations to the Town Board
as to disciplinary action.
Nothing herein contained shall be construed to delegate or transfer
any power of the Town Supervisor contained in §§ 29,
52 or 125 of the New York State Town Law or any other powers which
may be lawfully exercised by said Supervisor.
Before entering upon the duties of his office, the Commissioner
of Public Works shall take and file with the Town Clerk an oath of
office. The Deputy Commissioner of Public Works shall, before entering
upon the duties of his office, take and file with the Town Clerk an
oath of office. The Town Board may require the Commissioner of Public
Works to file a bond for the faithful performance of his duties and
may require the Deputy Commissioner of Public Works to file such a
bond.
This chapter shall be entitled "A Local Law of the Town of Dickinson,
Broome County, New York, Establishing and Providing for a Department
of Public Works of the Town of Dickinson, Broome County, New York."
This chapter may be cited accordingly. This chapter may also be cited
as a local law of the Town of Dickinson, Broome County, New York,
by year and number of passage.
