[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:
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.
A.
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.
B.
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.
C.
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.
D.
In addition to the foregoing, the Manager shall have
the power and be required to:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
Perform such additional duties as shall be assigned to
him by the Mayor and the Board of Trustees.
(10)
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.
E.
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.
