[Adopted 3-7-2023 by L.L. No. 3-2023]
This article shall be known as "Town of Oyster Bay Bureau of Administrative Adjudication Law."
A. 
Whenever used in this article, words used in the singular include the plural and vice versa.
B. 
All words used in the present tense include the past and the future tense. Words used in the masculine gender include the feminine and neuter, and vice-versa, unless the natural construction of the wording indicates otherwise.
C. 
As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATIVE LAW JUDGES
The Administrative Law Judges, appointed by the Director, who shall have the duties, powers and responsibilities as detailed and set forth in Chapter 14 of the Code of the Town of Oyster Bay.
BUREAU
The Town of Oyster Bay Bureau of Administrative Adjudication, which shall perform all of the functions as detailed and set forth in Chapter 14 of the Code of the Town of Oyster Bay.
DIRECTOR
The chief executive officer of the Bureau shall be the Director who shall be the Chief Administrative Law Judge of the Bureau and shall have all the powers of an administrative law judge pursuant to New York State General Municipal Law Section 381, and whose duties, powers, and responsibilities are set forth in Chapter 14 of the Code of the Town of Oyster Bay.
SUPERVISOR
Supervisor of the Town of Oyster Bay.
There shall be in the Town of Oyster Bay a Bureau of Administrative Adjudication. The principal executive officer and administrative head of said Bureau shall be the Director of the Bureau, who shall be appointed by the Town Supervisor with the advice and consent of the Town Board, for a term of five years, at such salary as may from time to time be fixed by the Town Board. The Director shall be appointed by the Town Supervisor for a term of five years, with the advice and consent of the Town Board. The Director shall be removable only for neglect of duty or misfeasance in office after notice and an opportunity for a hearing. Once appointed and confirmed the Director shall serve until his or her term expires and until his or her successor has been appointed and confirmed. The Director shall devote his or her entire work time to the duties of the office. The Director shall be an attorney in good standing, admitted to practice for at least five years in the State of New York, and shall be knowledgeable on the subject of administrative law and procedure. The Director shall have the power and authority to appoint and remove officers and employees under his or her jurisdiction in accordance with the Civil Service Law and other applicable laws.
The Director is empowered herein to appoint least three Administrative Law Judges who shall be attorneys in good standing admitted to practice in the State of New York for at least three years, and who shall have such other qualifications and serve terms as prescribed by the Director, and who shall generally act for and in his or her behalf and who shall perform such duties as are vested in and imposed upon that office by the provisions of this article, Chapter 14 of the Code of the Town of Oyster Bay, and by statute or by other lawful authority.
The Director shall have such powers as shall be necessary for the proper administration of the Bureau consistent with applicable provisions of law.
A. 
The Director, acting by and through any of the existing or hereafter created divisions, shall be empowered to perform such other duties and functions that are prescribed to be performed by him or her in any law, ordinance or resolution of the Town Board or lawful directive of the Supervisor. The Director may delegate his or her authority to or direct any of his or her duties to be performed to an administrative law judge of the Bureau.
B. 
The Director is hereby authorized and empowered, subject to the prior approval of the Town Board, except that such prior approval will not be required in cases of emergency, to retain and employ such professional service providers (such as court reporters, stenographers, information technology professionals), for the purposes of performing such services as the Director may deem necessary in the administration of the Bureau.
Nothing herein contained shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52 and 125 of the Town Law of the State of New York or any other powers, which may be lawfully exercised by said Supervisor.
The Director may establish a schedule of fees to be collected by him for the filing in the Bureau of any motion or other document required to be so filed; the preparation of any written instrument; for certifying any such written instrument; and for any other service rendered in connection with the work of the Bureau and for which he or she deems it necessary to charge and to collect a fee therefore.