Suffolk County, NY Article XXVIII Department of Parks, Recreation and Conservation [1]

[Added 6-13-1966 by L.L. No. 1-1966]

[1] Editor's Note: See also Ch. 643, Parks and Park Facilities.

§ C28-1 Department established; appointment of Commissioner; Board of Trustees.

A. There shall be a Department of Parks, Recreation and Conservation in which there shall be a Commissioner of Parks, Recreation and Conservation and a Board of Trustees of Parks, Recreation and Conservation.

B. The Commissioner shall be appointed by the County Executive subject to the approval of the County Legislature and shall serve at the pleasure of the County Executive.

[Amended 11-25-1980 by L.L. No. 7-1981; 4-20-2004 by L.L. No. 6-2004]

C. The Board of Trustees of Parks, Recreation and Conservation shall consist of 11 members, one member to be appointed by the County Legislature from each of the 10 towns of Suffolk County upon recommendation of the Supervisor of each town and one member to be appointed at large by the County Executive subject to the approval of the County Legislature. The term of each member shall be for five years, except that, of the members first appointed, two shall be appointed for terms of one year, two shall be appointed for terms of two years, two shall be appointed for terms of three years, two shall be appointed for terms of four years, and two shall be appointed for terms of five years.

[Amended 4-26-1988 by L.L. No. 15-1988; 3-27-1990 by L.L. No. 9-1990]

D. The County Executive and the Presiding Officer of the County Legislature, or their respective designees, shall serve as members ex officio of the Board of Trustees and shall have the right to vote.

[Amended 4-26-1988 by L.L. No. 15-1988; 3-24-1990 by L.L. No. 9-1990; 3-2-2021 by L.L. No. 10-2021]

E. The compensation of the Commissioner shall be fixed by the County Legislature. Trustees may be compensated by the Department for their actual and necessary expenses in attending meetings, including a mileage allowance for the use of their personal automobiles at the rate authorized for employees of the County.

[Amended 3-27-1990 by L.L. No. 9-1990]

F. A Chairman and Vice Chairman of the Board shall be elected by the members thereof to serve for one year, and no member shall serve in such office for more than two consecutive terms.

[Amended 3-27-1990 by L.L. No. 9-1990]

G. No person shall be appointed to a position under Subsection C of this section who is an elected official of the State of New York or of any political subdivision thereof, who is an appointee to a position of employment with the State of New York or any political subdivision thereof, including the County of Suffolk, which position does not require a competitive civil service examination for appointment thereto, or who is a party officer. For the purposes of this section, "party officer" shall mean one who holds any party position or any party office, whether by election, appointment or otherwise, excluding committeemen, and "party" shall mean any political organization which, at the last preceding election for Governor, polled at least 50,000 votes for its candidate for Governor.

[Added 4-26-1988 by L.L. No. 15-1988; amended 3-27-1990 by L.L. No. 9-1990]

H. No person shall be appointed or reappointed to a position under Subsection C of this section unless such person shall demonstrate relevant, previous, personal commitment to cultural affairs and conservation education or expertise in a subject matter area involving natural area conservation, historic preservation or parkland recreation.

[Added 4-26-1988 by L.L. No. 15-1988; amended 3-27-1990 by L.L. No. 9-1990]

§ C28-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

BOARD

The Board of Trustees of the Department of Parks, Recreation and Conservation.

COMMISSIONER

The Commissioner of Parks, Recreation and Conservation.

DEPARTMENT

The Department of Parks, Recreation and Conservation.

PARK or PARKS

Includes all public parks, beaches, wetlands, playgrounds, athletic fields, recreation centers, marinas, golf courses, open spaces and areas publicly owned and acquired for the conservation of natural resources and the enjoyment thereof by the residents of the County of Suffolk, including all buildings, structures, equipment and appurtenances located thereon, also entrances and approaches thereto and streets or roads in or through such park or parks and parts thereof, but not including any town, village, County or state highway, and such other rights and appurtenances as the Department shall utilize for its purposes, whether the same is now or hereafter owned or acquired in fee or otherwise by the County or under the care and control of the County by lease or otherwise for park, recreation and conservation purposes, not including canals, canal locks and waterways, channels and other County-owned or -leased facilities placed under the jurisdiction of the Department of Public Works as provided in Article VIII of this Charter.

§ C28-3 Powers and duties of Board of Trustees.

A. The Board shall have the following powers and duties:

[Amended 11-17-2009 by L.L. No. 37-2009]

(1) To make recommendations upon basic policy with respect to the parks, recreation and conservation programs of the County.

(2) To recommend long-range plans for park and open space acquisition and facilities development in conjunction with the Commissioner.

(3) To approve a capital projects plan which shall be submitted to it by the Commissioner annually and which, if so approved, shall be submitted to the budget officer.

(4) To approve all matters having to do with the regulation and use of parks and recreation facilities, which matters shall be referred to the Board by the Commissioner and shall become effective upon its approval. However, the County Legislature shall have the authority, by duly enacted resolution, to supersede an action or determination of the Board and otherwise establish County policy in all matters having to do with the regulation and use of parks and recreation facilities.

(5) To approve the fees and charges at parks and recreation facilities. However, all fees and charges must be approved by the County Legislature before they become effective, and the County Legislature shall have the authority, by duly enacted resolution, to supersede an action or determination of the Board and otherwise establish County policy in all matters having to do with the fees and charges at parks and recreation facilities.[1]

[1] Editor's Note: See Ch. 948, Fees and Charges, Art. X.

(6) To make recommendations upon any proposed sale of parkland, as herein defined.

B. In accordance with the provisions of this article, the Commissioner shall submit to the Board his estimates of receipts and proposed expenditures in connection with the preparation of the annual County budget, prior to submission of such estimates to the budget officer, and shall set a time for a conference with the Board on such estimates which may be the date for a stated monthly meeting. The Commissioner shall take into consideration but shall not be bound by the recommendations of the Board as to such estimates. The Board may submit to the budget officer any recommendations which the Commissioner declines to accept.

C. The Board shall meet once each month on a stated date to be selected by the Board and may hold such other meetings as the Board may from time to time determine. A majority of the whole Board shall constitute a quorum. Wherever approval by the Board is required, the affirmative vote of a majority of the whole Board shall be required. Any member of the Board absent for any three consecutive stated or adjourned meetings shall automatically forfeit his or her appointment unless renominated and reconfirmed by the County Legislature.

§ C28-4 Powers and duties of Commissioner.

[Amended 7-24-1967 by L.L. No. 4-1967; 6-23-1969 by L.L. No. 10-1969; 2-27-1973 by L.L. No. 7-1973; 3-12-1974 by L.L. No. 11-1974]

A. The Commissioner shall be the head of the Department and shall have and exercise, subject to the provisions of the preceding section, all the administrative powers necessary for the operation of the Department, including those powers vested in a county recreation commission by the provisions of the General Municipal Law, not inconsistent with this article, as well as other powers and duties as are provided by applicable law in relation to the administration of the Department, and such duties as are required by the County Executive and the County Legislature. The Commissioner shall appoint a Deputy Commissioner and may appoint an additional Deputy Commissioner, who shall possess the powers, perform the duties and act generally for and in place of the Commissioner. Within the budgetary appropriations therefor, he shall appoint, supervise, discipline and remove employees of the Department and assign and reassign powers and duties to such employees.

B. The Commissioner shall have the power, from moneys appropriated and property designated for that purpose by the County Legislature, to make available for use as a public park or parks, as defined in this article, all such real estate, easements and rights which are or may come under his jurisdiction.

C. The Commissioner shall have the power to promote, demonstrate and organize constructive recreational activities cooperating with and supplementing the recreational services of the towns and villages throughout the County, to provide recreational leadership training and to establish recreational facilities and programs.

D. The Commissioner shall have charge and supervision of the maintenance and operation of all County parks, including appurtenances thereto.

§ C28-5 Acquisition of additional parklands.

A. The Commissioner and the Board may consider, investigate and, upon the majority vote of the whole Board, recommend to the County Legislature such additional real estate in the County as may in their opinion be proper and desirable to be reserved, set apart or acquired for one or more parks. For the purposes of this article, the Commissioner and the officers and employees of the Department, when authorized by him, may enter upon any real estate or interest therein for the purpose of making such surveys, examinations and investigations as he may deem necessary for such purposes.

B. The Department of Public Works shall prepare all maps and preliminary reports as provided in Article VIII of this Charter where needed by the Department of Parks, Recreation and Conservation to effectuate the provisions of this article.

§ C28-6 Responsibility for construction and maintenance of park facilities.

[Amended 3-14-1972 by L.L. No. 5-1972]

The Department of Public Works shall render engineering services to the Department of Parks, Recreation and Conservation and shall prepare to let authorized contracts for the improvement of parks and the construction of park facilities and shall supervise the improvement and construction of parks as provided in this article of this Charter, but not including engineering and architects' services and the letting of contracts for and the supervision of the construction of buildings in parks, which shall be under the supervision of the Department of Buildings and Grounds.[1] All maintenance, custodial services and repairs to park facilities shall be done by the Department of Parks, Recreation and Conservation.

[1] Editor's Note: The Department of Buildings and Grounds was abolished by L.L. No. 31-1979.

§ C28-7 Promulgation of rules and regulations applicable to parks.

The Board from time to time shall recommend to the County Legislature the adoption of such rules, regulations and ordinances as may be necessary for the proper regulation of the parks.[1]

[1] Editor's Note: Former § C28-8, Division of Sports and Recreation, added 8-9-2000 by L.L. No. 17-2000, which immediately followed this section, was repealed 12-16-2003 by L.L. No. 32-2003.