[HISTORY: Adopted by the Board of Trustees of the Village of Hastings-on-Hudson 9-15-1969 by L.L. No. 1-1969. Amendments noted where applicable.]
The office of Village Manager of the Village of Hastings-on-Hudson is hereby created.
The Village Manager shall be appointed by the Mayor and Board of Trustees and he shall serve at the pleasure of the Board. The Manager shall be appointed solely on the basis of his executive and administrative qualifications. He need not be a resident of the village at the time of his appointment and he may reside outside of the village during the term of his office only with the approval of the Board.
The Mayor and Board of Trustees may remove the Village Manager at any time in the manner provided in this section:
By a majority vote of its members, the Board of Trustees shall adopt a preliminary resolution stating the reasons for the removal of the Village Manager. A copy of such resolution shall be delivered promptly to the Manager, either personally or by registered mail, return receipt requested, addressed to the Manager's residence. The preliminary resolution shall not become effective until 30 days following the date at which such resolution was passed.
Within five days following personal delivery or within eight days following the date a copy of such resolution was posted in an official depository under the exclusive care and custody of the United States Post Office Department within the Village of Hastings-on-Hudson, the Manager may serve upon the Mayor, any Trustee or the Village Clerk a notice, in writing, setting forth his reply and requesting a public hearing. Such public hearing shall be held not earlier than 20 days nor later than 30 days after the service of such request. The Village Clerk shall cause a notice of such public hearing to appear in the official village newspaper prior to the date of such hearing. Either the Board of Trustees or the Village Manager may request that minutes be taken at such public hearing. At any time after such public hearing, if one is requested, and after full consideration, the Board of Trustees may, by majority vote, adopt a final resolution of removal.
Following the adoption of a preliminary resolution of removal, the Board of Trustees shall have the right to suspend the Manager for a period of not more than 45 days. Unless such suspension shall be for misconduct in office or for the conviction of a crime under a penal law, the Manager shall receive full pay during the period of such suspension and pending removal by final resolution.
The final resolution of the Board of Trustees shall not be reviewable by or appealable to any court, governmental agency or quasi-judicial or administrative agency or commission of any kind.
During the term of this office he shall be paid such salary as shall be fixed by the Board. The salary of the incumbent shall not be reduced during the fiscal year.
The Village Manager shall be the chief administrative and operative officer of the village. He shall have all the powers, duties and responsibilities heretofore vested in the Village Clerk and Budget Officer as set forth in the Village Laws of the State of New York. The Mayor and Board of Trustees may appoint him to head one or more departments and he shall be responsible to the Mayor and Board of Trustees for the proper administration of all affairs of the village.
The Manager's authority shall not extend to the appointment or to the performance of the duties of the Police Justice, or Acting Police Justice, the Chief of Police, the Police Fire Surgeon, Village Attorney, Special Counsel, Zoning Board of Appeals, Board of Fire Commissioners or Board of Police Commissioners.
The Manager's authority shall extend to the appointment, with the advice and consent of the Mayor and Board of Trustees, and to the performance of the duties of the Assessor or Assessors, Board of Plumbing Examiners, Board of Electrical Examiners, Planning Board, Recreation Commission, Safety Council and Building Board, and all other independent policy advisory boards and commissions now or hereinafter established which are not otherwise specifically excluded herein. The Manager shall be an ex officio, nonvoting member of all such boards and commissions, which shall report directly to the Manager.
In addition to the foregoing, the Manager shall have the power and be required to:
Appoint and, when necessary for the good of the service, suspend or remove any paid employees of the village except as herein otherwise specifically provided, or except as otherwise provided by law or personnel rules and regulations adopted by the village. Such appointment and removal power shall be subject to the rules of the Civil Service Commission, where applicable, and within the general limitations of the annual budget. He shall appoint, suspend or dismiss the Building Inspector and the head of the Public Works Department, but only after conferring with the Board of Trustees. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency.
Prepare the budget annually and submit it to the Mayor and Board of Trustees in accordance with the requirements of the applicable laws of the State of New York, and be responsible for its proper administration after adoption.
Advise the Mayor and the Board of Trustees at all times as to the financial condition of the village and its future financial needs and submit to the Mayor and Board of Trustees such detailed financial reports of the condition of the village, together with recommendations as they from time to time require.
Recommend to the Mayor and the Board of Trustees adoption of such measures as he may deem necessary or expedient for the health, safety or welfare of the community or for the improvement of administrative services.
Attend all meetings of the Mayor and Board of Trustees, meetings of all boards and commissions, and such other meetings as the Mayor and Board of Trustees shall direct, and he may take part in the discussion of any matter coming before such boards and commissions. He shall be given notice of all regular and special meetings of the Mayor and the Board of Trustees.
Subject to the limitations of the annual budget, purchase or approve the purchase of materials and equipment, except when advertising for bids is required by law.
Under the direction of the Mayor and Board of Trustees, supervise the enforcement within the village of all the laws of the state and the ordinances of the village and the rules, bylaws and resolutions of the Mayor and the Board of Trustees.
Investigate the affairs of the village or any department or division thereof; investigate all complaints in relation to matters concerning the administration of the government of the village, and see that all franchises, permits and privileges granted by the village are faithfully observed.
Perform such additional duties as shall be assigned to him by the Mayor and the Board of Trustees.
Conduct a continued study of all functions and activities of the village for the purpose of devising ways and means of attaining greater efficiency and economy.
In addition to the foregoing, the Manager shall be responsible for the maintenance, protection and conservation of all village parks.
Except for the purpose of inquiry, the Mayor and the Board of Trustees and its members shall deal with the administrative services solely through the Village Manager. In the event that a village employee wishes the propriety or fairness of a decision of the Village Manager, as applicable to his individual case, to be reviewed, he may appeal to the Mayor and Board of Trustees. A request for such hearing shall be made, in writing, within 10 days of the action in question. The hearing shall be held at an official meeting of the Mayor and the Board of Trustees at such time and place as they may designate.
The Village Manager shall furnish a surety bond to be approved by the Mayor and the Board of Trustees, said bond to be conditioned upon the faithful performance of his duties. The premium of the bond shall be paid by the village.
Whenever the office of Village Manager shall become vacant for any reason whatsoever, all of the powers, duties and responsibilities of the Manager, as set forth in this chapter, shall be exercised by the Mayor and the Board of Trustees pending the appointment of a successor.
All existing ordinances or local laws of the village prescribing the duties of heads of departments shall remain in full force and effect except insofar as they conflict with the provisions of this chapter, in which case the provisions of this chapter shall govern; and all ordinances or parts of ordinances and all resolutions and parts of resolutions heretofore adopted or passed by the Mayor and the Board of Trustees of this village conflicting or inconsistent with this chapter, or any part thereof, are hereby annulled or repealed.
Nothing herein contained shall be deemed or construed as abolishing, transferring or curtailing any powers or duties of the Board of Trustees or of the Mayor, Treasurer or Clerk, as prescribed by the Village Law or other applicable laws of the state.