[HISTORY: Adopted by the Board of Trustees of the Village of Briarcliff Manor 1-18-2022 by L.L. No. 2-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 38, Manager, adopted 2-25-2020 by L.L. No. 4-2020.
The administrative and executive powers of the Village, including the power of appointment of all employees, except the Treasurer, Village Clerk, Deputy Clerk, Building Inspector and Village Attorney, and officers and members of the Police Department, are vested in an officer to be known as the "Village Manager," who shall be appointed by the Board of Trustees and hold office during the pleasure of such Board. At the time of his or her appointment, he or she need not be a resident of New York State, but shall become, within 90 days after appointment, and, for the remainder of his or her tenure of office, shall remain, a resident of i) the Village of Briarcliff Manor, the Town of Ossining or the Town of Mount Pleasant; or ii) another location within New York State within 30 drivable miles of the nearest boundary line of the Village of Briarcliff Manor and approved by a resolution of the Board of Trustees. He or she shall be chosen by the Board of Trustees without regard to his or her political beliefs and solely upon the basis of his or her executive and administrative ability. He or she may be bonded as the Board of Trustees may deem necessary. No member of the Board of Trustees shall be appointed as Village Manager during the term for which he or she shall have been elected.
The Village Manager shall report to, and be under the supervision of, the Board of Trustees.
The powers and duties of the Village Manager shall, except as provided hereinafter, include the following:
A. 
See that, within the Village, the laws of the state and the rules, regulations, ordinances, local laws and codes of the Village are faithfully executed and administered efficiently and fairly.
B. 
Serve as chief administrative and executive officer of the Village; direct, supervise, and coordinate the administration of all Village departments, as provided by law, and in accordance with the policies of the Board of Trustees. Establish rules and regulations to manage the personnel policies of the Village; ensure compliance with all collective bargaining processes of the Village, and recommend to the Board of Trustees, for consideration and possible final approval, collective bargaining agreements for any applicable employees.
C. 
See that all inquiries by residents of the Village, or other interested persons, are promptly acknowledged and referred to the appropriate Village official or department head for investigation and response.
D. 
Attend meetings of the Board of Trustees and, along with the Mayor, supervise the preparation of the agenda and minutes of such meetings.
E. 
Supervise the preparation of necessary documents required for obtaining bids on materials, equipment or capital projects, as authorized by the Board of Trustees and letting of contracts authorized by the Board of Trustees.
F. 
Supervise and control all expenditures, encumbrances and disbursements to ensure that budget appropriations are not exceeded, audit all claims against the Village, and establish rules of procurement, subject to approval of the Board of Trustees, to ensure proper financial controls of expenditures. Nothing herein shall create any right of the Village Manager, or any Village officer, or any other person, to create a liability or appropriate money or property of the Village without authority of law, in violation of § 4-412 of New York State Village Law.
G. 
Act as, or appoint, the Budget Officer of the Village; in coordination with the Treasurer and department heads, prepare and submit to the Board of Trustees a tentative annual budget and capital program for the next fiscal year. Submit to the Board of Trustees, and subsequently make available to the public, a complete report on the finances and administrative activities of the Village as of the end of each fiscal year.
H. 
From time to time, make recommendations to the Board of Trustees as to measures or programs which the Village Manager believes will improve the efficiency or economy of the Village government.
I. 
Make reports to the Board of Trustees from time to time upon the affairs of the Village and keep the Board of Trustees fully advised of the financial condition and the operation of the Village, pending decisions that may impact public policy, and any other matters related to the health, safety, or welfare of the community or that might affect services provided to Village residents.
J. 
Such other duties and responsibilities as may, from time to time, be delegated by the Mayor or authorized by the Board of Trustees.
A. 
Such Village employees as the Board of Trustees shall determine are necessary for the proper administration of the Village, except the Treasurer, Village Clerk, Deputy Village Clerk, Building Inspector, Village Attorney, and officers and members of the Police Department, shall be appointed and may be removed by the Village Manager in accordance with the civil service law and regulations; but the Village Manager shall report each such appointment and removal to the Board of Trustees at the next meeting thereof following any such appointment or removal.
B. 
No citizen or elected officer of the Village shall dictate a person's appointment to, or removal from, any office by the Village Manager or by any of the Village Manager's subordinates.
A. 
The Village Manager shall keep the Mayor and the Board of Trustees currently informed as to matters affecting the efficient functioning of the Village. The Board of Trustees shall determine the specific criteria and timeliness for all matters that require priority notification from the Village Manager and establish such procedures for notification.
B. 
Nothing contained herein, nor within any other local regulation or Village policy, shall prevent any elected Village official from requesting information or directly querying any department head or Village employee for the purposes of developing policy or ensuring the efficient operations of the Village or safety and well-being of its residents.
The position of the Village Manager may be filled by a person holding other positions in the Village employ, but this position shall be held only by a full-time employee. If, due to a temporary absence, vacation, disability, or illness, the Village Manager is unable to carry out the functions of his office, any Assistant Village Manager may perform all the duties of the Village Manager. In the absence of an appointed Assistant Village Manager, the Manager may appoint an acting Manager for a period of no more than 14 days, unless or until a majority of the Board of Trustees approves and appoints another member of the Village's senior administrative staff, or such other qualified person, to serve as acting Village Manager to carry out the duties enumerated herein during the Village Manager's absence.
A. 
The rate of compensation of the Village Manager shall be set by the Board of Trustees and may be adjusted from time to time as the Board deems appropriate. Subject to the terms and conditions of state law and this chapter, the Board of Trustees and the Village Manager may enter into an employment agreement which specifies in writing the level of compensation of the Village Manager, fringe benefits, including levels of support for the Village Manager's continuing professional education, agreements for separation pay upon termination of the Village Manager's employment, other appropriate agreements describing the working relationship between the Village Manager and elected officials, and performance expectations for the Village Manager.
B. 
Any compensatory time, or any other requested extraordinary benefit, for the Village Manager or Assistant Village Manager shall be reviewed by the Mayor, or his designee, and granted only after approval by a resolution of the Board of Trustees.
The Village Manager may be suspended by a resolution approved by the majority of the total membership of the Board of Trustees which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the Village Manager. The Village Manager shall have 15 days in which to reply thereto in writing and, upon request, shall be afforded a public hearing, which shall occur not earlier than 10 days nor later than 15 days after such hearing is requested. After the public hearing, if one has been requested, and after full consideration, the Board of Trustees, by a majority vote of its total membership, may adopt a final resolution of removal. The Village Manager shall continue to receive full salary until the effective date of a final resolution of removal, unless superseded by a previous written agreement executed by both parties.
Local Law Nos. 2-1966, 1-1968, 1-1970, 1-1974, 7-2003, and 4-2020 are hereby repealed and superseded. All other local laws, ordinances and resolutions heretofore adopted by the Board of Trustees are hereby repealed and superseded insofar as the same shall be inconsistent with this chapter.