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:
A. 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.
(1) 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.
(2) 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.
B. 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.
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.