[HISTORY: Adopted by the Town Board of the
Town of Massena 1-17-1975; amended in its entirety 3-21-2001. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Electric service — See Ch. 124.
There is hereby established in the Town of Massena
the Massena Electric Department Administrative Board to consist of
five persons.
The members of the Board shall be residents
of the area serviced by the Massena Electric Department.
The term of office of each member of said Board
shall be five years, and the term of one such member shall expire
annually; the first appointments shall be made for the respective
terms of five years, four years, two years and one year. Appointments
of successors shall be for the full term of five years, except that
the appointment of a person to fill a vacancy occurring by death,
resignation or cause other than the expiration of a term shall be
made for the unexpired term.
[Amended 9-18-2002 by L.L. No. 2-2002]
Failure of any member to attend three consecutive
regular monthly meetings of the Board shall cause a vacancy in his
office unless said absence is excused by formal action by the Administrative
Board.
The Administrative Board members shall receive
no compensation for their services but shall be allowed their actual
and necessary traveling and other expenses, to be audited by said
Board and paid in the same manner as other expenses.
A.
Attendance of Board members, employees and officers
of the Massena Electric Department at conferences, conventions, schools
and/or education seminars shall be authorized by the Administrative
Board.
B.
Any and all financial limitations on the moneys to
be spent for conventions, conferences, seminars and educational programs
shall be set by the Administrative Board.
Any Administrative Board member may be removed
from office at any time by the appointing authority (the Town Board,
Town of Massena) after having received notice in writing of the cause
of the proposed removal and after an opportunity to be heard thereon.
The Supervisor of the Town of Massena shall
designate annually one of said members as Chairman.
Said Administrative Board shall have the following
general powers and duties:
A.
Elect from among its members annually a Vice President
and a Secretary. It shall appoint a Superintendent of the utility,
who shall not be a member of the Board and who shall hold office at
the pleasure of said Board. In addition, the Superintendent shall
appoint, at its discretion, a Deputy Superintendent, who shall not
be a member of the Board and who shall be authorized to act generally
for and in the place of the Superintendent within the meaning of § 41,
Subdivision 1(b), of the Civil Service Law. The Deputy Superintendent
shall hold office at the pleasure of the Superintendent.
[Amended 1-19-2005 by L.L. No. 1-2005; 12-17-2008 by L.L. No.
5-2008]
B.
Erect all necessary buildings, make all necessary
improvements and repairs and alter any existing buildings for the
use of said utility, provided that all expenditures for new buildings
or alterations, other than ordinary repairs, shall first be authorized
by the governing Board of the Town.
C.
Fix the salary of the Superintendent and the number
and salaries of all other employees, within the limits of the appropriation
made therefor by the governing board, and such salaries, together
with maintenance, when provided, shall be compensation in full for
all services rendered.
D.
Institute actions at law and in equity for the collection
of claims and obligations due the utility from any and all causes,
and prosecute, compromise or settle such claims and obligations and
retain counsel to conduct such litigations.
E.
Maintain an effective inspection of said utility and
keep informed of the affairs and management thereof. The Board shall
meet at least once in every month and at such other times as may be
prescribed in the bylaws and shall hold its annual meeting at least
three weeks prior to the meeting of the governing board at which appropriations
for the ensuing year are to be considered.
F.
Keep in a book provided for that purpose a proper
record of its proceedings, which shall be open at all times to the
inspection of its members, of the members of the governing board and
of duly authorized representatives of the state.
G.
Notwithstanding the provisions of any other general
law and subject to such rules and regulations as the governing board
may prescribe, audit all bills and accounts payable out of funds within
its jurisdiction and order their payment by the fiscal officer of
the Town. By resolution of the governing board, the Superintendent
may appoint a Treasurer, and notwithstanding the provisions of any
other general law, the Treasurer shall pay the bills and accounts
ordered paid by the governing board and at least once in each month
shall transmit to the governing board an itemized statement thereof,
which statement shall also include all payments made by the Treasurer
for fixed salaries and wages.
[Amended 12-17-2008 by L.L. No. 5-2008]
H.
Make to the governing board of the Town by which the
utility is maintained, at such times as said board shall direct, a
detailed annual report of the operations of the utility as may be
required of it. Such reports shall include full and detailed estimates
of the appropriations required during the ensuing year for all purposes,
including maintenance, erection of buildings, repairs, improvements
and other necessary purposes.[1]
[1]
Editor's Note: Former Subsection I, concerning filling positions
of employment, which immediately followed this subsection, was repealed
12-17-2008 by L.L. No. 5-2008.
Employees of the Massena Electric Department
are to be Massena Electric Department employees and shall be paid
through the Massena Electric Department payroll.
[Added 12-17-2008 by L.L. No. 5-2008]
The Superintendent shall be the principal executive officer
and department head of the Massena Electric Board within the meaning
of § 35(e) of the Civil Service Law. The Superintendent
shall be vested with authority, direction and control over the Massena
Electric Department and shall have the power and authority to appoint
and remove all subordinate officers and employees therein.
