Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Babylon 4-7-1976 by L.L. No. 5-1976. Amendments noted where applicable.]

§ 60-1 Definitions and word usage.

A. 
Whenever used in this chapter, words used in the singular include the plural and vice versa.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
ASSISTANT TO TOWN BOARD
The chief executive administrator of the Office of the Town Board.
COUNCILMEN
The public officials elected as Councilmen of the Town of Babylon.
OFFICE
The administrative body of the Town Board.

§ 60-2 Office established.

There shall be in the Town of Babylon an Office of the Town Board. The governing head of said Office shall be the members of the Town Board who, by majority decisions, shall prescribe the duties, functions and responsibilities of the personnel and divisions of said Office. The Office of the Town Board shall serve the needs and responsibilities of the members of the Town Board, individually, severally or collectively in the performance of their legislative duties as prescribed by the Town Law of the State of New York and any other law applicable thereto. The Town Board, by majority decision, shall appoint and remove any officer or employee of the Office of the Town Board under its jurisdiction not otherwise prohibited by law.

§ 60-3 Organization.

[Amended 6-7-1977 by L.L. No. 4-1977; 9-3-2002 by L.L. No. 26-2002; 6-19-2012 by L.L. No. 5-2012]
A. 
The members of the Town Board shall exercise and maintain such powers as shall be necessary for the administration of the Office consistent with applicable provisions of law or procedures pertinent thereto.
B. 
Until such time as the same may be either amended or modified, the Office shall be divided into the following Divisions:
(1) 
Legislative.
(2) 
Communications Office.
(3) 
Secretarial.
(4) 
Community Affairs.
(5) 
Youth Services.
(6) 
Division of Disabled and Handicapped Services.

§ 60-4 Powers and duties.

[Amended 6-7-1977 by L.L. No. 4-1977; 9-3-2002 by L.L. No. 26-2002; 6-19-2012 by L.L. No. 5-2012]
A. 
The powers and duties of the Division of Public Information shall be under the direct administration of the Town Board, and the head of said Division shall be designated as Public Information Officer of the Town of Babylon.
B. 
The powers and duties of the Legislative and Secretarial Divisions shall be under the administration of the Assistant to the Town Board. The division head of the Legislative Division shall be designated Chief Research Assistant, and the division head of the Secretarial Division shall be designated Supervising Secretary. The powers and duties of the Community Affairs Division shall be under the direct administration of the Town Board, and the head of such Division shall be designated a director of such Division.
C. 
Subject to Town Board approval, the heads of each Division may establish, consolidate or abolish any subdivision or bureau under their respective jurisdictions, and each shall be empowered to perform such other duties and functions prescribed to him/her in any law, ordinance or resolution of the Town Board. Unless otherwise directed, each may delegate any of his/her powers or duties to be performed by the heads of any subdivision or bureau under his/her administration.
D. 
Legislative Division: It shall generally advise the Town Board respecting proposed, pending and enacted legislation, federal, state and local, which may affect or influence the affairs of the Town of Babylon; it shall initiate, collate, report and record for Town Board consideration all pertinent and required research and process all legislative information and material in servicing the deliberations of the Councilmen in contemplation of Town Board action.
E. 
Communications Office: It shall be responsible for channeling all public information and news in all media from and to the Town Board; it shall plan, coordinate and develop all publicity and community relations programs and projects, unless otherwise delegated in any other local law, ordinance or resolution of the Town Board; and it shall generally perform such other public information duties in the service of the Town Board as may be directed respectively thereby.
F. 
Secretarial Division: It shall perform such duties, functions and assignments as are proper and necessary in executing the administrative and clerical obligations and needs of the Town Councilmen, individually and collectively; and it shall be obligated to provide and maintain all services customarily undertaken and assumed by confidential secretaries.
G. 
Community Affairs Division: It shall administer, manage and provide a more effective Town emphasis on improvement of services to the citizens and act as an ombudsman in Town government for residents of the Town; and research and recommend new and improved programs or services which focus on improving suburban lifestyle.
H. 
Youth Services Division: It shall have charge of and administer all programs of public, private and religious organizations with grant agreements established by the Town of Babylon to promote the advancement of the mental, moral and physical well-being of youth in the Town of Babylon. The Town of Babylon Youth Board shall exist in this Division, responsible to the Town Board hereof, empowered to render opinions regarding the operations of the Division and the programs under its jurisdiction, in accordance with the provisions of Article 19-A of the Executive Law of the State of New York.
I. 
The Division of Disabled and Handicapped Services shall administer, manage and provide for, solely or in cooperation with the individuals, groups or municipalities, programs, projects and activities specially adaptable for handicapped individuals and groups and which stimulate, promote, encourage and advance the moral, physical, mental and social well-being of such persons in the Town of Babylon. The Director or his designee shall be the executive secretary of the Advisory Committee on the Handicapped of the Town of Babylon. The Director shall not be empowered to vote in the official deliberations of said Committee but shall administer to its needs and requirements in the fulfillment of its lawful duties.

§ 60-5 Effect on powers of Town Supervisor.

Nothing herein contained shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52 and 125 of Town Law of the State of New York or any other powers which may be lawfully exercised by said Supervisor.

§ 60-6 Legislative intent.

[Added 11-10-2011 by L.L. No. 20-2011]
A. 
The Town Board finds that the world is a different place after the United States was attacked on September 11, 2001. As a result of the attack, America mobilized our members of our armed services, both active and reserve and also invoked stop loss, which kept soldiers serving after their tours of duty were fulfilled. Many Americans have been deployed overseas and many reserve soldiers have been activated to support our troops, many times leaving gaps in our society which they filled on a daily basis.
B. 
The fact that so many reservists have been activated and reactivated on numerous occasions has left the Town to answer the question of how does the government function with the loss of an elected official activated to serve our country. While a vacancy is not created when an elected official is deployed on active military duty, the seat is nonetheless vacant when the Board meets and votes on resolutions necessary to run Town government on a daily basis.
C. 
In order to provide for continued government and to secure the protection of our armed forces serving the government as elected officials, the Town must act with regard to the membership and composition of its legislative body pursuant to New York Municipal Home Rule Law.
D. 
The Town Board finds it necessary to have a supersession of the legislature and to supersede any contrary law or statute, including, but not limited to New York State Public Officer's Law § 30; New York State Military Law Section §§ 242 and 243; State General Municipal Law § 92 and New York State Town Law §§ 20.1(a); 64(23); 51(6) and 94(5).

§ 60-7 Alternate Council position.

[Added 11-10-2011 by L.L. No. 20-2011]
A. 
When an elected Councilperson serving on the Town Board is unable to fulfill his/her duties due to responsibilities and obligations to the United States military (active military duty), an alternate Councilperson position is created and said elected Councilperson is deemed to be on a leave of absence.
B. 
An alternate Councilperson may be appointed by a majority vote of the Town Board within 30 days of written notification that a Councilperson will be activated for military duty and unable to fulfill his/her duties as a Town Councilmember. The alternate Councilperson must meet the criteria necessary to run for the office of Councilperson in a general election, as a prerequisite to being appointed as an alternate Councilperson. Said alternate Councilperson shall assume the office of alternate Councilperson on the day following the date of deployment of said soldier/Councilperson or any date thereafter that the Town Board may designate.
C. 
The alternate Council position is limited to a term of one year. Nothing herein shall provide for any such appointment to exceed the term of office of the elected Councilperson on military leave. The alternate Councilperson shall serve until the Councilperson's absence has ended and said elected Councilperson can resume the duties of his/her elected office.
D. 
In the event that any of the provisions of this section are declared invalid or unenforceable by any court of competent jurisdiction, the remaining terms and provisions which are not affected thereby shall remain in full force and effect.

§ 60-8 Ward system.

[Added 9-13-2016 by L.L. No. 14-2016]
A. 
Legislative intent. It is the intention of the Town Board to exercise its authority pursuant to Municipal Home Rule Law §§ 10(1)(ii)(a)(1), 10(1)(ii)(a)(2), 10(1)(ii)(d)(3) and Town Law §§ 24 and 24-a(1) any other applicable provision of law now or hereinafter enacted, to supersede and/or expand upon the applicable provisions of Town Law § 85 and any successor law with respect to authorizing the Town Board instead of the Suffolk County Board of Elections to draw ward district lines and to maintain the term of office for all Councilmen at four years after a ward system has been established.
B. 
Ward system for election of Councilmen.
(1) 
Whenever a proposition shall have been adopted in the Town for the establishment of the ward system and the election thereafter of one Councilman from each ward, the Town Board shall divide the Town into four wards and fix the boundaries thereof, unless a proposition shall have been adopted to increase the number of Councilmen from four to six, in which instance, the Town Board shall divide the Town into six wards and fix the boundaries thereof. The Town Board shall divide the districts so that the number of voters in each ward shall be substantially equal, with wards composed of convenient and contiguous territory in as compact form as practicable. No election district heretofore or hereinafter created under the Election Law shall contain parts of two or more wards. When the Town Board shall have finally determined the boundaries of the ward, it shall cause a map of the Town to be prepared, showing, in detail, the location of each ward and the boundaries thereof. The original map so made shall be filed in the office of the Town Clerk, and copies thereof shall be filed in the offices of the County Clerk and the Board of Elections of Suffolk County. The ward system shall be deemed established after such filing is complete.
(2) 
After a ward system shall have been so established, the term of office of every Town Councilman shall terminate on the 31st day of December next succeeding the first biennial Town election held not less than 120 days after the establishment of such ward system, and, at such biennial Town election, one resident elector from each odd-numbered ward shall be elected as Councilman therefrom for a term of two years, and one resident elector from each even-numbered ward shall be elected as Councilman therefrom for a term of four years, each such term to begin on the first day of January next succeeding such election, and thereafter at each biennial Town election there shall be elected successors to the Town Councilmen whose terms are expiring for terms of four years each to begin on the first day of January next succeeding such election.