[HISTORY: Adopted by the Town Board of the Town of Dickinson 9-9-2003 by L.L. No. 2-2003 (Ch. 35 of the 1983 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Terms of office — See Ch. 192.
Adopt-a-highway or municipal park program — See Ch. 216.
Sewers — See Ch. 447.
Storm sewers — See Ch. 470.
Stormwater management — See Ch. 476.
Streets and sidewalks — See Ch. 484.
Vehicles and traffic — See Ch. 528.
Water — See Ch. 557.
As used in this chapter, the following terms shall have the meanings indicated:
COMMISSIONER OF PUBLIC WORKS
Commissioner of Public Works of the Town of Dickinson, Broome County, New York.
DEPARTMENT OF PUBLIC WORKS
Department of Public Works of the Town of Dickinson, Broome County, New York.
DEPUTY COMMISSIONER OF PUBLIC WORKS
Deputy Commissioner of Public Works of the Town of Dickinson, Broome County, New York.
TOWN
Town of Dickinson, Broome County, New York;
TOWN BOARD
Town Board of the Town of Dickinson, Broome County, New York.
TOWN CLERK
Town Clerk of the Town of Dickinson, Broome County, New York.
TOWN SUPERVISOR
Town Supervisor of the Town of Dickinson, Broome County, New York.
There is hereby created and established the Department of Public Works of the Town of Dickinson, Broome County, New York, hereinafter referred to as the "Department of Public Works," as a separate department of government of the Town.
The Department of Public Works shall be responsible for the construction, repair, maintenance and cleaning of all Town highways, Town roads, Town streets, and Town parking facilities and the removal of snow therefrom; the construction, repair, maintenance and cleaning of all Town buildings and facilities and the buildings and facilities of every improvement district or other district or agency thereof; the installations and maintenance of traffic control devices and street signs on all Town highways, Town roads, Town streets, and Town parking facilities; the construction, repair, maintenance and cleaning of storm drainage systems under the jurisdiction of the Town or any improvement district or agency thereof; the construction, repair, maintenance and cleaning of sanitary sewers owned, or under the sole jurisdiction of, the Town or any improvement district or other district or agency thereof; the construction, maintenance and operation of such other sewer facilities to the extent the same are delegated to the Department of Public Works by the Town Board; the construction, operation, repair and maintenance of water pumping facilities and water distribution systems owned by, or under the sole jurisdiction of, the Town or any improvement district or other district or agency thereof; the billing of customers or use of water and/or sewer services supplied by the Town or by any improvement district or other district or agency thereof; the operation and maintenance of park and other recreation facilities owned by, or under the sole jurisdiction of, the Town or any district or agency thereof; and such other work and/or services as the Town Board may lawfully direct. 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. In addition, the Department of Public Works shall provide all services required or desirable in order to enable the Commissioner of Public Works to fulfill any duty or responsibility imposed upon such official, whether or not in his capacity as Town Superintendent of Highways, by this chapter or by any other local law, ordinance or regulation of the Town or by any lawful directive of the Town Board or by any statute of the State of New York.
Each Commissioner of Public Works shall hold office as such during his term of office as Town Superintendent of Highways and until his successor as Town Superintendent of Highways has been appointed and qualified, unless sooner removed.
The Commissioner of Public Works shall be the principal executive officer and the administrative head of the Department of Public Works. The Commissioner of Public Works, as Town Superintendent of Highways, shall have all the powers and duties of a Town Superintendent of Highways except to the extent that any power or duty of a Town Superintendent of Highways is lawfully reserved by the local law to the Town Board.
The salary of the Commissioner of Public Works shall be fixed annually by the Town Board and shall be paid out of the general funds of the Town from such moneys as the Town Board shall direct from any improvement or benefit district of the Town, pursuant to Town Law § 202-a(7), and shall not be a charge, in whole or in part, upon any item of the highway fund. Such Commissioner shall not receive any additional compensation as Town Superintendent of Highways, but his salary may be shown in any budget or notice relating to such budget either under the classification of Town Superintendent of Highways or Commissioner of Public Works.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
There shall be within the Department of Public Works, and there are hereby created in the Department of Public Works, the following divisions:
(1) 
Highway Division;
(2) 
Sewer and Water Division; and
(3) 
Parks Division.
B. 
The Highway Division shall be responsible for the construction, repairs, maintenance, and cleaning of all Town highways, Town roads, Town streets, and Town parking facilities and the removal of snow therefrom; the construction, repair, maintenance and cleaning of storm drainage systems under the jurisdiction of the Town or any improvement district or other district or agency thereof; such other services as may be directed by the Town Board to be performed by the Department of Public Works and assigned to the Highway Division by the Commissioner of Public Works; and all services required by statute to be performed by Town Highway Departments when such a department exists. 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 or for the providing of other services, goods or construction by public contract.
C. 
The Sewer and Water Division shall be responsible for the construction, repair, maintenance, cleaning of sanitary sewers owned, or under the sole jurisdiction of; the Town or any improvement district or other district thereof; the operation, repair and maintenance of any sewage treatment plant owned by, or under the sole jurisdiction of; the Town or any improvement or other district or agency thereof; the construction, maintenance and operation of other public sewer facilities to the extent the same be delegated to the Department of Public Works by the Town Board; the construction, operation, repair and maintenance of water pumping facilities, and water distribution systems owned by, or under the sole jurisdiction of; the Town or any improvement district or other district or agency thereof; the billing and financial administration of the sewer and water services; and such other services as may be directed by the Town Board to be performed by the Department of Public Works and assigned to the Sewer and Water Division by the Commissioner of Public Works. This chapter shall not prohibit the Town Board from contracting with any person, firm, corporation or other entity for the providing of any such services.
D. 
The Parks Division shall be responsible for the operation and maintenance of park and other recreation facilities owned by, or under the sole jurisdiction of, the Town or any district or agency thereof as well as for such other services as may be directed by the Town Board to be performed by the Department of Public Works and assigned to the Parks Division by the Commissioner of Public Works. This chapter shall not prohibit the Town Board from contracting with any person, firm, corporation or other entity for the providing of any such services.
The Town Board shall appoint a Deputy Commissioner of Public Works. The term of office of a Deputy Commissioner of Public Works shall expire at 12:00 midnight on the 31st day of December next succeeding the biannual Town election following the appointment of such Deputy Commissioner. The Deputy Commissioner shall serve as such until the expiration of his term as such and until his successor has been appointed and qualified, unless sooner removed from office. Anything herein to the contrary notwithstanding, the Deputy Commissioner of Public Works shall be removable at the pleasure of the Town Board. The Deputy Commissioner of Public Works shall be in the exempt class of the civil service. A vacancy in the office of Deputy Commissioner of Public Works occurring other than by the expiration of term of office shall be filled only for the remainder of the unexpired term, provided that a Deputy Commissioner of Public Works appointed to fill such a vacancy shall serve as such until the expiration of such term and until his successor has been appointed and qualified, unless sooner removed.
A. 
The Deputy Commissioner of Public Works shall be the administrative supervisor of the Highway Division, subject to the supervision, direction and control of the Commissioner of Public Works. In the event of the absence or disability of the Commissioner of Public Works, the Deputy Commissioner of Public Works for Highways shall be the Acting Commissioner of Public Works and shall have all the authority and duties of the Commissioner of Public Works, including the authority and duties of acting Town Superintendent of Highways.
B. 
The Deputy Commissioner of Public Works shall be the administrative supervisor of the Water Division and of the Sewer Division, under the direction and control of the Commissioner of Public Works.
All employees of the Department of Public Works (except the Deputy Commissioner) shall be appointed by the Commissioner of Public Works within the budgetary appropriations thereof, and shall hold the position to which appointed at the pleasure of the Commissioner of Public Works; provided, however, that any employee in the classified civil service may be removed only for cause. "Employee" as used in this section of this chapter shall not include the Commissioner of Public Works.
The Commissioner of Public Works may transfer any employee of the Department of Public Works from one division or office thereof to another division or office thereof, and such transfer may be on either a temporary or a permanent basis; provided, however, that the salary of any employee so transferred shall not be reduced by reasons of such transfer, and further provided that the salary of no employee so transferred shall be increased by reason of such transfer unless such salary increase be approved in advance by the Town Board, provided that in an emergency designated as such by the Town Supervisor the salary of an employee of the Department of Public Works may be transferred to a classification with a higher pay scale for a period not to exceed three days in any one month without the approval of the Town Board. "Employee" as used in this section of this chapter shall not include the Commissioner of Public Works or the Deputy Commissioner of Public Works.
Except as in this chapter expressly provided, this chapter shall not in any manner change the present provisions of law in effect in the Town, by reason of any provisions of any state statute or otherwise, relating to the parcels of real property presently responsible for the payment of highway items one, two, three, and four, and these items shall continue to be charged in the same manner as if this chapter had not been adopted. There shall be no change in the payment of real property taxes for maintenance, operation and capital cost of any improvement district or other district of the Town. Except as herein expressly provided, all of the charges for the foregoing shall continue to be assessed in the same manner as if this chapter had not been adopted and the bookkeeping procedures of the Department of Public Works and in the Office of the Town Supervisor shall be adjusted to accommodate the provisions for tax payments for such items in the same manner as if all of the items were being performed by individual departments, districts or agencies of the Town. Except as otherwise specifically provided in this chapter, all costs and expenses lawfully incurred by the Department of Public Works on behalf of any special Town project shall be charged against such districts or project and paid from the funds duly appropriated for the purpose of such district or project.
All property, equipment and budgetary appropriations of or for the Highway Department of the Town are hereby transferred to the Department of Public Works. The employees of said Highway Department shall be continued as employees of the Department of Public Works with the same classification, salary, benefits, pensions and retirement rights and privileges as they had immediately prior to such transfer; provided, however, that nothing herein contained shall be construed to deprive the Town Board of any power it now has, or may under this chapter or otherwise have, with respect to the hiring, firing, disciplining and fixing salaries of such employees. The employees of every water and sewer district of the Town as well as any other employees of the Town, performing functions which are hereby transferred to the Department of Public Works shall be continued as employees with the same classification, salary, benefits, pensions and retirement rights and privileges as they had immediately prior to such transfer; provided, however, that nothing herein contained shall be construed to deprive the Town Board of any power it now has with respect to the hiring, firing, disciplining and fixing salaries of such employees. The Town Superintendent of Highways shall not be considered an employee of the Highway Department of the Town for the purposes of this section of this chapter.
Nothing herein contained shall be construed to delegate or transfer any power of the Town Board contained in §§ 51 and 64 and Articles 12, 14 and 15 of the New York State Town Law or provided by the New York State Municipal Home Rule Law or other powers which may be lawfully exercised by said Board. The Commissioner of Public Works shall have the right to suspend, with pay, any employee, including the Deputy Commissioner, for a period of not more than two weeks for cause and shall report such suspension to the Town Board within three days of such suspension with his recommendations to the Town Board as to disciplinary action.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Nothing herein contained shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52 or 125 of the New York State Town Law or any other powers which may be lawfully exercised by said Supervisor.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Before entering upon the duties of his office, the Commissioner of Public Works shall take and file with the Town Clerk an oath of office. The Deputy Commissioner of Public Works shall, before entering upon the duties of his office, take and file with the Town Clerk an oath of office. The Town Board may require the Commissioner of Public Works to file a bond for the faithful performance of his duties and may require the Deputy Commissioner of Public Works to file such a bond.
This chapter shall be entitled "A Local Law of the Town of Dickinson, Broome County, New York, Establishing and Providing for a Department of Public Works of the Town of Dickinson, Broome County, New York." This chapter may be cited accordingly. This chapter may also be cited as a local law of the Town of Dickinson, Broome County, New York, by year and number of passage.