Village of Buchanan, NY
Westchester 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 Buchanan 7-13-1987 by L.L. No. 3-1987 (Ch. 51 of the 1971 Code). Amendments noted where applicable.]

§ 35-1 Position established.

The position of Village Administrator is hereby established.

§ 35-2 Appointment; term; qualifications; residency.

The Village Administrator shall be appointed by the Board of Trustees upon the recommendation of the Mayor for an indefinite term and shall remain in the position at the pleasure of said Board of Trustees. The Administrator shall be chosen by the appointing authority without regard to the appointee's political beliefs and solely on the basis of the appointee's training and experience, with special reference to actual experience or knowledge of the responsibilities and duties of the position as hereinafter set forth. At the time of appointment, the Administrator need not be a resident of the Village or the State of New York but shall become a resident of the Village or the Town of Cortlandt or within one statute mile of the border thereof, within one year after appointment and qualification and so remain during tenure. No elected official of the Village shall be eligible for such appointment during the term for which the official shall have been elected nor within one year after the expiration of said term.

§ 35-3 Powers and duties.

Subject to the approval, direction and control of the Board of Trustees, or in those instances where approval, direction and control is, by applicable law, reserved to the Mayor, then under the approval, direction and control of the Mayor, and in accordance with such rules and regulations as may be promulgated by the Board of Trustees, the Village Administrator shall:
A. 
Oversee the enforcement of the rules, regulations, ordinances, local laws and codes of the Village so that they are administered efficiently and impartially.
B. 
Oversee and coordinate personnel practices and the work of all Village employees, including the maintenance of personnel files, comparative wage and salary plans, safety programs, in-service training programs for both incoming and veteran employees with emphasis on incentives and employee effectiveness and consult on the recruitment and employment of key administrative employees.
C. 
Prepare, as Budget Officer, when so designated by the Mayor, the annual operating budget according to law and, when directed by the Board of Trustees, prepare the capital projects budget.
D. 
Be responsible for the preparation of all bid specifications and act as purchasing agent for all Village offices, departments, boards and commissions.
E. 
Supervise and control all encumbrances, expenditures and disbursements, including the auditing of all vouchers, to ensure that budget appropriations are not exceeded.
F. 
Keep the Board of Trustees fully informed as to the Village's financial condition and future monetary needs for operational and capital projects purposes.
G. 
Keep the Board of Trustees and appropriate Village officials advised of pending federal, state and county legislation and of the availability of any applicable grants in aid from higher levels of government.
H. 
Attend all meetings of the Board of Trustees unless excused by the Mayor, with the right to take part in any discussion but having no vote.
I. 
Consult with appropriate Village officers and employees in the preparation of any resolutions, ordinances or local laws for the consideration of the Board of Trustees.
J. 
Recommend to the Board of Trustees for adoption such measures as the Administrator may deem necessary or expedient for the health, safety or welfare of the Village residents or for the improvement of administrative services through greater productivity and economy.
K. 
Keep the Village residents fully informed of Board policies, procedures and plans for the delivery of services and for capital projects and expeditiously respond to all inquiries of Village residents.
L. 
Perform such other duties as may be required by resolution of the Board of Trustees.
M. 
Have authority to direct the various department heads in the performance of their duties for the Village.
[Added 7-5-1988 by L.L. No. 10-1988]
N. 
Have sole authority over the day-to-day operations and administration of the Village unless specific instructions to the contrary are given by the Mayor and the Board of Trustees.
[Added 7-5-1988 by L.L. No. 10-1988]

§ 35-4 Compensation.

The Village Administrator shall receive such compensation and benefits as the Board of Trustees shall fix.

§ 35-5 Vacancy.

A. 
In the case of a vacancy or during the absence or disability of the Village Administrator, the Board of Trustees may designate some properly qualified person to perform the duties of the Administrator on an acting basis for a period not to exceed 90 days.
B. 
If, when a vacancy occurs or during the absence or disability of the Village Administrator, an Acting Administrator is not designated pursuant to this section, then the Mayor or any member of the Board of Trustees who assumes, at the request of the Board of Trustees, the extra duties and responsibilities of the day-to-day operation of the Village normally performed by the Village Administrator shall, in addition to his or her regular compensation, be entitled to a sum not to exceed $1,000 for each month or part thereof during which he or she performs such duties and responsibilities. The specific amount for each month shall be determined by a resolution of the Board of Trustees at the first meeting of the following month. Any additional payments pursuant to this section shall be paid for a period of no longer than three months during any continuous vacancy, absence or disability.

§ 35-6 Removal from office.

A. 
The Board of Trustees may remove the Village Administrator in accordance with the following procedures:
(1) 
The Board of Trustees shall adopt, by affirmative vote of the majority of its membership, a preliminary resolution which shall state the reasons for such removal and may suspend the Village Administrator from duty for a period not to exceed 30 days with pay but without reimbursable expenses. A copy of the resolution shall be delivered to the Village Administrator personally or by certified mail to the Administrator's home address within five days after adoption.
(2) 
Within five days after receipt of the resolution, the Village Administrator may file with the Village Clerk a written request for a public hearing. Such hearing shall be held at an advertised meeting not earlier than 20 days or later than 30 days after the hearing request has been filed with the Village Clerk.
(3) 
The Board of Trustees may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of the majority of the membership of the Board any time after 10 days from the day of delivery of the preliminary resolution to the Village Administrator if the Administrator has not requested a public hearing or at any time after the public hearing if such was requested.
(4) 
The Village Administrator shall continue to receive full salary until the effective day of the final resolution of removal and for a period of 60 days thereafter.
B. 
The action of the Board of Trustees in suspending or removing the Village Administrator shall not be subject to review by any court or agency.

§ 35-7 Construal of provisions.

Nothing contained herein shall be deemed or construed as abolishing, transferring or curtailing any powers or responsibilities of the Mayor or Board of Trustees or other Village officer as prescribed by the Village Law or other applicable laws of the state.