[HISTORY: Adopted by the Board of Trustees of the Village
of Solvay 7-26-2005 by L.L. No 3-2005. Amendments noted where applicable.]
A.
It is the intention of the Village of Solvay Board of Trustees that
the Village of Solvay Electric Department be operated in a sound businesslike
manner that best assures an effective utility offering reliable electric
service and the best possible electric rates to its customers. In
furtherance of this intention, the Village of Solvay has determined
to create a Municipal Electric Department Commission to work together
with the Village Board of Trustees and to further the success of the
Electric Department.
B.
It is the intention of the Board of Trustees that this Commission
be created pursuant to the authority set forth in New York State Village
Law § 3-308. Accordingly, the Commission shall perform its
duties subject to the approval of the Board of Trustees. Pursuant
to the Village Law, the Commission shall not be an independent body,
but a subsidiary body acting for and at the pleasure of the Board
of Trustees.
Pursuant to New York State Village Law § 3-308, there
is hereby established the Village of Solvay Municipal Electric Department
Commission ("Commission").
A.
The Commission shall be made up of five members, including the Mayor
who shall serve as an ex-officio member of the Commission. In this
regard, the Mayor shall have all the voting and participating rights
which are vested in the other appointed members of the Commission.
B.
Except for the Mayor, no Village officer, employee or individual
employed by or officially connected to any competing utility or any
financial institution doing business with the Village is eligible
to serve as a member of the Commission.
[Amended 2-21-2017 by L.L. No. 1-2017]
Members of the Commission shall be appointed by the Mayor subject
to the approval of the Board of Trustees:
[Amended 10-23-2018 by L.L. No. 5-2018]
The term of office for each appointed member of the Commission
shall be for four years, on a staggered basis, so that the term of
only one Commissioner shall expire in any single year. All terms shall
run on a calendar basis, from January 1 of the appointment year until
December 31 of the year in which the member's term expires.
A member of the Commission may be removed for cause at any time
during said member's term of office by the following procedure:
A.
A letter shall be sent to the Village Board of Trustees, with four
signatures from members of the Commission, stating the reason(s) removal
is requested, or in its discretion the Board of Trustees may remove
a Commissioner.
B.
Upon either occurrence as set forth in Subsection A, the Board of Trustees shall conduct a hearing in the presence of the member whose removal is at issue, the remaining members of the Commission and the Board of Trustees. Upon conclusion of said hearing, the Board of Trustees will vote on removal and said member may be removed from service on the Commission by majority vote of the Board of Trustees.
[Amended 10-23-2018 by L.L. No. 5-2018]
The Mayor shall appoint one member of the Commission to serve
as Chair of the Commission. The Chair shall be appointed at the Village's
annual organizational meeting to serve a one-year term until the Village
Board's next annual organizational meeting. Only a member who
has served at least one full year as a member of the Commission at
the time of appointment may be appointed Chair. The Mayor may not
serve as Chair of the Commission.
A.
Within its approval budget, and subject to the approval of the Board
of Trustees, the Commission shall maintain, operate and manage the
electric utility, including actions that are necessary, convenient
or desirable in order to operate, maintain, preserve, and promote
an orderly, economic, efficient and businesslike administration of
the electric utility. Duties of the Commission shall include and be
limited as follows:
(1)
The Commission shall establish or eliminate and set compensation
for nonrepresented job positions within the Electric Department, while
the Mayor shall retain all power of appointment in accordance with
Village Law § 4-400.
(2)
The Commission shall establish and maintain written policies governing
electric utility operations, including customer services, rules and
regulations for electric service, procedures for termination of electric
service (in accordance with appropriate tariffs and filings), long-range
planning and establishing employee duties (within the parameters of
the Village's collective bargaining agreements);
(3)
Other necessary and appropriate activities in accordance with the
foregoing statement of duties;
(4)
Preparation and submission to the Village Board of Trustees, by March
31 of each year, of a proposed annual budget and capital budget for
the upcoming fiscal year for review, consideration and action to approve
or disapprove by the Village Board of Trustees;
(5)
The Commission may retain necessary consultants, with the exception
of legal consultants whose services shall continue to be provided
to the Commission and the Electric Department by legal counsel appointed
by the Village;
(6)
Submission of a monthly report to the Village Board of Trustees setting
forth Electric Department activities and expenditures for the preceding
month;
(7)
Submission of an annual report to the Village Board of Trustees which
will include a financial report for the purpose of identifying maintenance,
building needs, system needs, needed repairs of Department infrastructure
and plans to address same for the ensuing year.
B.
The following powers are specifically reserved to the Village Board
and/or Mayor:
(1)
As the bargaining unit for represented Electric Department employees
also includes the Village's Highway Department employees, all
actions relating to the negotiation and approval of collective bargaining
agreements and the handling of grievances shall be undertaken by the
Village Board of Trustees;
(2)
Appointments of officers and employees shall be made in accordance
with the applicable provisions of the New York Village Law, by the
Mayor, subject to the approval of the Village Board of Trustees;
(3)
Other than routine day-to-day purchases, all contracts with the Village
Electric Department shall be signed by the Mayor or, in the absence
of the Mayor, the Deputy Mayor. For routine day-to-day purchases in
an amount to be set from time to time by the Village Board of Trustees,
the Electric Department Superintendent shall be authorized to sign
purchase orders upon review and authorization of the Commission.
[Amended 10-23-2018 by L.L. No. 5-2018]
The Commission shall inform the Village Clerk, in writing, of
any vacancy on the Commission. Subject to the approval of the Board
of Trustees, the Mayor shall make an appointment to fill the vacancy
within 45 days of such notice. Any appointment made to fill a vacancy
shall be for the unexpired portion of the term involved.
[Amended 2-21-2017 by L.L. No. 1-2017]
Should any of the provisions of this chapter conflict with § 3-308
or 4-400 of the New York State Village Law, the New York State Village
Law shall prevail.
If any part or provision of this chapter is found to be unenforceable
by a court of competent jurisdiction, all remaining provisions of
this chapter shall remain in full force and effect.
