[Added 10-1-2009 by L.L. No. 4-2009]
Due to unique circumstance, which will be discussed below, this
legislation is to adopt a local law which supersedes the doctrine
of incompatibility and the common law Whitehall Doctrine, thereby
authorizing the Woodbury Highway Superintendent to appoint the Town
Supervisor to serve as the Deputy Highway Superintendent. The need
to provide this local law is so that the Town can save money in these
difficult economic times as the Town Supervisor has indicated that
he will act in the capacity of Deputy Highway Superintendent without
compensation and further due to the indefinite time period for which
the need for a Deputy Highway Superintendent will exist.
A.
Pursuant to Town Law § 32, the Town Board has created the
position of Deputy Highway Superintendent.
B.
The Town Highway Superintendent shall appoint the Town Supervisor
to serve as Deputy Town Highway Superintendent at the pleasure of
the Town Highway Superintendent.
C.
The Town Supervisor will not receive additional compensation for
the period during which he serves as the Deputy Highway Superintendent.
D.
The Town Supervisor will continue to act as the Deputy Highway Superintendent
during the period of time that the Highway Superintendent remains
on active duty with the United States Military.
E.
Upon the Highway Superintendent's return from active duty and
upon his ability to resume his duties as Highway Superintendent, this
article of the Town Code will sunset and be null and void.
