The office of Village Manager of the Village of Horseheads is
hereby created.
The Village Manager shall be either appointed by a majority
vote of the Village Board of Trustees for an indefinite term and shall
serve at the pleasure of the Board, or the Board of Trustees may negotiate
the terms of an employment agreement to hire a Village Manager. He
or she shall be selected, without regard to political beliefs, solely
on the basis of his or her executive and administrative qualifications,
with special reference to his or her actual experience in or his or
her knowledge of accepted practice with respect to the duties of the
office hereinafter set forth. To ensure that the most qualified person
may be appointed as Village Manager, the Village Manager may reside
outside of the Village so long as it is within Chemung County, New
York or a contiguous county in New York State. "Reside within Chemung
County or a contiguous county in New York State" shall mean living
in a dwelling in Chemung County or a contiguous county in New York
State with the intent to make it a fixed and permanent home to which,
wherever temporarily located, he or she always intends to return.
Factors which are indicative of one's residence include, but
are not limited to, where he or she normally sleeps, normally maintains
personal and household effects, the place listed as an address on
voter registration, driver's license, motor vehicle registration,
tax returns, etc.
The Village Board of Trustees may remove the Village Manager
at any time by a majority vote of its members or as may be otherwise
provided in an applicable employment agreement.
The Village Manager shall report to and be under the supervision
of the Board of Trustees and shall be the chief administrative and
executive officer of the Village, and he or she shall be the chief
administrator of all Village departments. All departments shall report
through the Village Manager to the Board of Trustees. He or she shall
be responsible to the Village Board of Trustees for the proper administration
of all affairs of the Village, and he or she shall enforce the policy
of the Village as it is established by the Board of Trustees and shall
require the faithful performance of all administrative duties and
executive decisions. To that end, he or she shall have the power and
shall be required to:
A.
Appoint competent, qualified officers and employees in the various
departments he or she administers, within general limitations of annual
budget, and shall have the power to dismiss, suspend and discipline,
in accordance with the law, all officers and employees under his or
her control. He or she shall have the authority to require any department
head responsible to him or her to hire and/or discharge any subordinate
serving under that department head, subject to proper hearings as
required by law. For those positions which must be filled from civil
service examination lists, the Village Manager will appoint the employees
under applicable rules and regulations of the Civil Service Commission
and laws of the State of New York which may be applicable. All appointments
or dismissals shall be based solely on the merit, qualification or
disqualification of the employee concerned, without regard to his
or her political beliefs or affiliations, and shall be exercised in
accordance with applicable Civil Service and other laws and collective
bargaining agreements. In the event of a need to fill a vacant full-time
or part-time permanent or temporary employment position, the Village
Manager shall notify the Board of Trustees of same as soon as practical
and shall provide the Board with the job description or duties of
such position. Prior to receiving approval to create and fill any
new full-time or part-time permanent or temporary employment position,
the Village Manager shall inform the Board of Trustees of the basis
for need along with the duties or job description for such position.
Lastly, the Village Manager shall inform the Board of Trustees as
soon as practical of each employee appointment, removal, termination,
or the like.
B.
Prescribe or supervise the establishment of such working rules and
regulations as he or she shall deem necessary or expedient for the
conduct of all departments of the Village and may revoke, suspend
or amend any such rules or regulations subject only to overrule by
the Board of Trustees.
C.
Fix salaries and wages of all officers and employees in those departments
under his or her supervision, within the limits of the salary schedule
or annual budget as approved by the Board of Trustees.
D.
Prepare the budget annually, after receiving estimates made by department
heads, and submit it and any capital improvement program and recommendations
for financing such improvements to the Board of Trustees together
with a message describing the important features, and be responsible
for its administration after adoption. He or she shall perform all
tasks normally associated with the position of Budget Officer for
the Village.
E.
Supervise the preparation of and submit to the Board of Trustees
as of the end of the fiscal year a complete report on the finances
and administrative activities of the Village for the preceding year,
including summary reports from each department and such reports as
the Board of Trustees shall require.
F.
Keep the Board of Trustees advised on the financial condition and
future needs of the Village and make such recommendations as he or
she may deem desirable. To that end, the Manager will provide the
following reports to the Board at or prior to its first regular monthly
meeting, and such other and further reports, information and data
as the Board may request from time to time:
(1)
A financial report summarizing revenues and expenses fiscal year
to date comparing to the same period in the prior fiscal year;
(2)
An expense control report summarizing each department's expenses
fiscal year to date;
(3)
A fund summary report fiscal year to date; and
(4)
In the months of September, December, March and June, a detailed
budget line item revenue and expense report, fiscal year to date,
for the prior quarter.
G.
Recommend to the Board of Trustees adoption of such legislation,
policies and measures as he or she may deem necessary or expedient
for the health, safety or welfare of the community, for the improvement
of administrative services, and/or the improvement of the efficiency
or economy of Village government.
H.
Attend all meetings of the Board of Trustees, meetings of Village
commissions and boards, and such other meetings as the Board of Trustees
shall direct, and may take part in the discussion at all regular and
special meetings of the Board of Trustees, unless excused therefrom,
but having no vote.
I.
Subject to limitations of the annual budget, supervise and authorize
the purchase of all materials, supplies and equipment without Board
of Trustees' approval up to an amount not exceeding the sum which
requires competitive bidding as specified in § 103 of the
General Municipal Law and as the same may hereafter be amended. Supervise
the preparation of necessary documents for obtaining bids on materials,
equipment or capital projects, as authorized by the Board of Trustees,
and let contracts authorized by the Board of Trustees related to same.
J.
Supervise the enforcement within the Village of all laws and ordinances
of the state and Village, and the rules, bylaws and resolutions of
the Board of Trustees, effectively and fairly.
K.
Investigate all complaints and inquiries by the Mayor or Trustees
or others in relation to matters concerning the administration of
the government of the Village, including service maintained by the
public utilities of the Village, and see that all franchises, permits
and privileges granted by the Village are faithfully observed.
L.
Either by himself or herself or by a person designated for the purpose
by him or her, investigate, examine or inquire into the affairs or
operations of any department or office and, when authorized by the
Board of Trustees, shall have the power to employ consultants and
professional counsel to aid in such investigations, examination or
inquiries.
M.
Set aside any action taken by a department head and may supersede
him or her in the functions of the department head's office,
unless otherwise provided by law.
N.
Direct any department to perform its duties or the duties of any
other department.
O.
Supervise and control all expenditures, encumbrances and disbursements
to ensure that budget appropriations are not exceeded and audit all
claims against the Village.
P.
Submit all matters involving Village policy to the Board of Trustees
prior to the Village Manager taking a public position on any such
matters of policy.
Q.
Participate on behalf of the Village in collective bargaining or
labor negotiations with all employee representatives in the manner
and to the extent directed by the Board of Trustees. All collective
bargaining agreements, memorandums of understanding, or the like relating
to labor relations shall be presented to the Board of Trustees for
ratification before becoming binding.
R.
Conduct a continuing study of all functions and activities of the
Village for the purpose of devising ways and means of attaining greater
efficiency and economy.
S.
Perform such additional duties as may be required by the Board of
Trustees, not inconsistent with Village Law.
A.
Neither the Board of Trustees nor any of its members shall direct
the appointment of any person to, or his or her removal from, office
by the Village Manager or any of his or her subordinates, or in any
manner take part in the appointment or removal of officers and employees
in the administrative services of the Village, except as heretofore
specified. Except for the purpose of inquiry, the Board of Trustees
and its members shall deal with administrative services solely through
the Village Manager, and neither the Board of Trustees nor any member
thereof shall give an order to any subordinates of the Village Manager,
either publicly or privately.
B.
No member of the Board of Trustees shall individually direct or request
the Village Manager to take any action with respect to the affairs
of the Village, nor shall a member of the Board of Trustees give an
order to the Village Manager publicly or privately. Notwithstanding
the foregoing, any member of the Board of Trustees may, for the purpose
of inquiry, discuss Village business with the Village Manager and
obtain such data and reports as he or she may reasonably request.
In case of accident, disaster or other circumstance creating
a public emergency, the Village Manager may award contracts and make
purchases for the purpose of meeting said emergency; but he or she
shall file promptly with the Board of Trustees a certificate showing
such an emergency and the necessity for such action, together with
an itemized account of all expenditures.
The Village Manager may be required to furnish a surety bond
as deemed necessary by the Board of Trustees, said bond to be conditioned
on the faithful performance of his or her duties. The premium of the
bond shall be paid by the Village.
The Village Manager shall receive such compensation as the Board
of Trustees shall fix from time to time by resolution or contract.
During the temporary absence of the Village Manager or in the
event that the office becomes vacant, all the aforementioned powers
and duties revert to the Mayor and the Village Board of Trustees or
their designated representative. Any vacancy in the office of the
Village Manager shall be filled by the earliest possible date after
the vacancy.
A.
The Board of Trustees is hereby authorized to appropriate and expend
such sum or sums as it shall deem expedient for the purpose of reimbursing
any prospective candidate for the office of Village Manager for the
expenses he or she shall have reasonably and necessarily incurred
in connection with interviews solicited by said Board of Trustees.
B.
Such prospective candidate shall submit his or her claim on voucher
forms supplied by the Village, and such claim shall be audited and
paid in the same manner as is otherwise provided for under the laws
of the State of New York applicable to villages.
Each officer or employee of the Village of Horseheads shall
perform all duties required of his or her office or position by state
law, the Code of the Village of Horseheads, his or her contract and
such other duties not in conflict therewith as may be required by
the Village Manager.
The department heads shall:
A.
Be immediately responsible to the Village Manager for the effective
and proper administration of their respective departments and, through
him or her, to the Board of Trustees of the Village of Horseheads.
B.
Keep informed as to the latest practices in their respective fields
and shall inaugurate, with the approval of the Village Manager, such
new and sound practices as shall benefit the public and the department.
C.
Submit annual reports on the activities of their departments to the
Village Manager and, through him or her, to the Board of Trustees
of the Village of Horseheads. A department head may be required to
submit such other reports as the Village Manager or the Board of Trustees
may request.
D.
Establish and maintain a system of filing and indexing records and
reports in sufficient detail to furnish all information needed for
proper control of department activities and to form a basis for reports
to the Village Manager and/or the Board of Trustees.
The Village Clerk-Treasurer shall be appointed by the Board
of Trustees and will act as the Clerk-Treasurer of such Board. The
Village Clerk-Treasurer shall keep a record of the proceedings of
the Board of Trustees and a record of the ordinances and local laws
and perform such other duties as the Board may prescribe. Such Village
Clerk-Treasurer shall also be the Clerk to all other boards and commissions
and may be given additional clerical duties by the Village Manager.
