[HISTORY: Adopted by the Town Board of the
Town of Ithaca 4-11-2005 by L.L. No. 2-2005. Amendments noted where
applicable.]
Pursuant to New York State Town Law § 64(21-a),
there is hereby created in the Town of Ithaca a Public Works Department.
The functions of the Highway Department of the
Town of Ithaca are hereby transferred to the Public Works Department.
[Added 5-11-2009 by L.L. No. 7-2009; amended 10-21-2019 by L.L. No. 9-2019]
All engineering functions are hereby transferred out of the
Public Works Department.
[Amended 5-11-2009 by L.L. No. 7-2009; 10-21-2019 by L.L. No. 9-2019]
A.
The Public Works Department's responsibilities shall include the
Town's highway functions, along with responsibilities for the construction,
improvement, repair, care, and maintenance of the Town's parks, trails,
walkways, sidewalks, highways, bridges, sluices, waterways, culverts
for drainage, water and sewer facilities, buildings, grounds and other
Town facilities, and stormwater management. The Public Works Department
shall have such other responsibilities, not inconsistent with law,
as may be assigned by the Town Board.
B.
In addition, the Department of Public Works shall provide all services
required or desirable in order to enable the Director of Public Works
to fulfill any duty or responsibility imposed upon such official,
whether or not in his/her capacity as Town Highway Superintendent,
by this chapter or by any other local law, ordinance or regulation
of the Town, by any lawful directive of the Town Board, or by any
statute or regulation of the State of New York.
C.
Notwithstanding the foregoing, this chapter shall not prohibit the
Town Board from providing for construction of any public building,
street, highway, road or other facility by public contract.
[Amended 5-11-2009 by L.L. No. 7-2009; 9-26-2022 by L.L. No. 16-2022]
A.
The appointed Town Highway Superintendent shall be the administrative
head of the Public Works Department, shall hold office as such administrative
head for the terms set forth in New York Town Law § 64,
Subdivision 21-a, shall have the powers and duties of a highway superintendent
pursuant to the New York State Highway Law, Town Law and other applicable
laws and regulations, and shall have such powers as are necessary
for the proper administration of the Department of Public Works consistent
with applicable laws. The Highway Superintendent's office shall
be in the unclassified civil service. The administrative head shall
also hold the Town's informal administrative title of "Director
of Public Works," and they may use the titles of "Director of Public
Works," "Highway Superintendent" and/or "Director of Public Works/Highway
Superintendent." The Director of Public Works/Highway Superintendent
shall be appointed on the basis of administrative experience and qualifications
for the duties of the Highway Superintendent's office and for
the duties in the Town's Director of Public Works/Highway Superintendent
job description.
B.
During the absence or inability of the Director of Public Works/Highway
Superintendent to act for any reason, the Deputy Highway Superintendent
will assume the roles, powers, and responsibilities of the Highway
Superintendent only as afforded by New York Highway Law, Articles
VII and VIII.
C.
The Director of Public Works/Highway Superintendent may appoint an
Acting Director of Public Works who will be responsible for managing
the Department of Public Works when the Director is absent or unable
to act for any reason. The Acting Director of Public Works title and
designation may be assigned to a current employee appointed in the
role of Deputy Highway Superintendent, Parks Maintenance Manager,
or Water and Sewer Maintenance Supervisor or may be an additional
full- time position as created by the Town Board. The Director's
designation of an Acting Director of Public Works must be ratified
by the Town Board. The Acting Director of Public Works will be responsible
for the day-to-day administrative roles, powers, and responsibilities
of the Director.
[Added 5-11-2009 by L.L. No. 7-2009; amended 9-26-2022 by L.L. No. 16-2022]
The salary of the Director of Public Works/Highway Superintendent
shall be fixed annually by the Town Board, and such moneys shall be
paid out of the general fund of the Town as the Town Board shall direct,
or from any improvement or benefit district of the Town pursuant to
New York Town Law § 202-a, Subdivision 7, and shall not
be a charge, in whole or in part, upon any item of the Highway Fund.
The salary may be shown in any budget or notice relating to such budget
under the classification of either Highway Superintendent or Director
of Public Works.
