[HISTORY: Adopted by the Village Board of the Village of Port Chester 10-3-1983
by L.L. No. 14-1983. Amendments noted where applicable.]
The office of Village Manager for the Village of Port Chester shall
remain in effect as heretofore established, except as hereinafter
modified. The Village Manager shall be the chief administrative officer of
Village government operations. Said Manager shall be responsible to the Mayor
and Board of Trustees for the administration of all Village affairs placed
in the Manager's charge as defined herein.
A.
A majority of the Board of Trustees shall be required
to appoint a qualified person, as hereinafter defined, to the office of Village
Manager. Unless otherwise prescribed by a written contractual agreement, the
Manager will serve at the pleasure of the Board.
B.
The Village Manager shall be appointed on the basis of
education, experience in public administration, executive leadership abilities
and general reputation for integrity. In addition thereto, such person must
have a minimum of a bachelor's degree from a college or university and/or
not less than ten years' experience in municipal management or government
service. No member of the Board of Trustees shall receive such appointment
during a term for which he shall have been elected or within one year after
the expiration of such term.
[Amended 3-31-2004 by L.L. No. 6-2004]
C.
The Manager need not be a resident of the Village of
Port Chester at the time of his appointment, but shall become a resident of
said Village within one year after appointment and so remain during his tenure
of office. However, the Board of Trustees may, pursuant to the authority conferred
by Subdivision 2 of § 3-300 of the Village Law, grant special permission
to the Manager to reside outside of the Village, provided that he or she resides
within the County of Westchester.
[Amended 2-18-1998 by L.L. No. 3-1998; 3-3-2003
by L.L. No. 1-2003; 3-6-2006 by L.L.
No. 2-2006]
D.
The Board of Trustees shall fix said Manager's salary
and other terms and conditions of employment not inconsistent with the provisions
hereof.
Unless otherwise prescribed by a written contractual agreement, the
Mayor and Board of Trustees may remove the Village Manager at any time by
a majority vote of its members.
The Board of Trustees may appoint an Assistant Village Manager, who
shall perform the duties and assume the responsibilities of the Village Manager
during his or her absence or inability to act. The Assistant Manager shall
have such duties as may be assigned by the Board of Trustees and the Village
Manager. Unless otherwise prescribed by a written contractual agreement, the
Assistant Manager shall serve at the pleasure of the Board of Trustees. The
Board of Trustees shall fix the Assistant Manager's salary and other
terms and conditions of employment not inconsistent with the provisions hereof.
[1]
Editor's Note: This local law also provided for the repeal of
former § 77-4, Absence, temporary disability; suspension.
[Amended 3-31-2004 by L.L. No. 6-2004]
The Village Manager shall devote his entire time to the duties of the
office herein prescribed. He shall have and exercise the administrative powers
of the Village, including the appointment and dismissal of all the Village
employees, except the Corporation Counsel and Village Clerk/Treasurer, and
shall also be the chief fiscal officer of the Village. The appointment and
dismissal of any head of Village departments shall be subject to confirmation
and approval of the Board of Trustees. Said Manager's specific powers
and duties shall include, but not be limited to, the following:
A.
To direct, coordinate and supervise the operation and
administration of all departments, offices and agencies of the Village government.
To issue directions, instructions and orders to department heads and require
information and compliance from them.
B.
To prescribe, alter and curtail the duties and powers
of department heads, subject to confirmation and approval of the Board of
Trustees.
C.
To appoint, suspend and dismiss all Village employees,
except that the appointment, suspension and dismissal of department heads
shall be subject to the confirmation and approval of the Board of Trustees.
The Manager may authorize the head of a department responsible to him to appoint,
suspend and remove such subordinates in such department. The Village Manager
shall report each such action to the Board of Trustees at its next regular
meeting. This power shall be exercised in accordance with applicable policies
as may be implemented by the Board of Trustees, the civil service and other
laws and collective bargaining agreements.
D.
To propose an annual budget estimate, capital improvement
program and recommendations for financing them. To have and exercise all other
powers and duties of a Village budget officer as prescribed by law.
E.
To control expenditures within the amounts appropriated
by the Board of Trustees by enforcing appropriate administrative controls.
F.
To report and interpret the financial condition of the
Village to the Board of Trustees regularly and to initiate or recommend such
actions as may be necessary to avoid incurring a deficit.
G.
To participate on behalf of the Village in collective
negotiations with all employee representatives in the manner and to the extent
directed by the Board of Trustees.
H.
To regulate and approve the purchase of all materials,
supplies and equipment and the letting of contracts, subject to the general
policies and budget appropriations of the Board of Trustees and the requirements
of law. To prescribe and enforce rules and administrative procedures for the
central control of specification development, order placement and the obligation
of Village purchasing authority.
I.
To attend executive and public sessions of the Board
of Trustees and provide information, analyses and evaluations relevant to
all agenda items and to Trustees' questions.
J.
To propose to the Board of Trustees such legislative
and policy measures as he deems necessary for the health, safety and welfare
of the community and that will improve the effectiveness, efficiency and services
provided by the Village government or reduce its costs.
K.
To investigate complaints and inquiries by the Mayor
and Trustees concerning government operations and services and to report corrective
actions taken, as well as proposals for any necessary legislative or policy
action, to the Board of Trustees. To make such other reports as the Board
of Trustees may require concerning the operations and services of the departments
of Village government.
L.
To determine the administrative measures needed to execute
and enforce the ordinances and other enactments of the Board of Trustees,
as well as federal, state and county laws and regulations applicable to the
Village, and to issue appropriate directions, instructions and orders to administrative
officials and employees subject to his direction and supervision.
M.
To oversee the fulfillment of provisions of franchises,
licenses, permits and privileges granted to the Village, and contracts to
which it is a party, and to recommend appropriate remedial action to the Board
of Trustees in the event that commitments are not fulfilled.
N.
All matters involving policy shall be submitted by the
Village Manager to the Board of Trustees prior to the Manager taking a public
position on any such matters of policy.
A.
The Mayor shall be the chief executive officer of the
Village for all purposes, except for those duties and responsibilities specifically
delegated to the Village Manager under this chapter. The Mayor may assume
such further responsibilities and duties as the Board of Trustees may delegate
to him from time to time in order to implement policy decisions of the Board
of Trustees.
B.
The Mayor shall be a member of the Board of Trustees
and shall be the chief presiding officer at all meetings of said Board. He
shall have the authority to set the agenda and schedule such meetings of said
Board as he deems necessary. He shall have the same power as a trustee to
vote upon all matters coming before said Board, but shall not have the power
of veto.
C.
All provisions of this chapter that refer to the Board
of Trustees or to Trustees shall be deemed to refer to the Mayor in like manner
and degree.
A.
The powers and duties of the Board of Trustees shall
be as set forth in the Village Charter, as amended, except for those duties
and responsibilities specifically delegated to the Village Manager under this
chapter.
B.
Neither the Board of Trustees nor any of its members
shall, in any manner, interfere in the appointment or dismissal of any employee
whom the Village Manager is empowered to appoint and dismiss, except that
the appointment or dismissal of department heads is subject to confirmation
and approval of the Board of Trustees. The Board of Trustees or any of its
members may express their joint and several views and freely and fully discuss
with said Manager anything pertaining to the appointment and removal of such
employee.
C.
Except for the purpose of inquiries and investigations
as provided herein, the Board of Trustees and its members shall deal with
administrative officers and employees solely through the Village Manager,
and neither said Board nor its members shall give orders or instructions to
any officer or employee, either publicly or privately.
D.
The Board of Trustees shall have the power and duty to
investigate the affairs of every department or agency of Village government
and the official conduct of every officer and employee. Said Board shall have
access to all records and papers kept by all Village officers, departments
or agencies of Village government, including the Village Manager, and shall
have the power to compel the attendance of witnesses and the production of
books, papers and other evidence at any meeting of said Board and for such
purpose may issue subpoenas signed by the Mayor.
E.
Copies of records.
[Added 10-31-1990 by L.L. No. 12-1990]
(1)
The individual members of the Board of Trustees, upon
written request to the Village Manager, shall be entitled to receive copies
of all records and papers kept by all Village officers, departments or agencies
of the Village government, including the Village Manager.
(2)
At or prior to the time the material is supplied, the
Village Manager shall send a copy of the request and any cover letter sent
with the materials, but not copies of the materials themselves unless requested,
to the Mayor and other members of the Board of Trustees for their information.
The appointed administrative officials and employees of the Village
shall perform such duties as may be required of them by the Village Manager
under general regulation of the Board of Trustees.
The Village Manager shall furnish a surety bond to be approved by the
Board of Trustees, said bond to be conditioned on the faithful performance
of his duties. The premium for said bond shall be paid by the Village.
