[HISTORY: Adopted by the Board of Trustees of the Village
of Mineola 6-11-2014 by L.L. No. 6-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 43.
Ethics — See Ch. 54.
Salaries and compensation — See Ch. 136.
[1]
Editor's Note: This local law superseded former Ch. 115, comprised
of Art. I, Clerk and Treasurer, adopted by L.L. No. 1-1941; amended
in its entirety 4-26-2000 by L.L. No. 25-2000 (Ch. 8 of the 1994 Code);
and Art. II, Auditor and Deputy Auditor, adopted 12-3-1997 by L.L.
No. 11-1997 (Ch. 8A of the 1994 Code.)
This chapter shall be known and may be cited as the "Village
Officers and Officials Law of the Village of Mineola, New York."
A.
Powers and duties. The Mayor is the chief executive officer of the
Village and shall possess all of the powers and shall be responsible
to perform all of the duties as are set forth in § 4400
of the Village Law and in any other law bearing upon the powers and
duties of the Mayor. The Mayor is the presiding officer at all meetings
of the Board of Trustees and has the authority, subject to the approval
of the Board of Trustees, to appoint department heads and nonelected
officers and employees of the Village, except for those appointments
reserved by law solely to the Mayor or those appointments reserved
by law solely to the Board of Trustees. The Mayor also serves as the
chief licensing officer and chief budget officer of the Village. Additionally,
the Mayor also possesses the duty to see that all laws, local laws,
rules and regulations are enforced; to cause all violations thereof
to be prosecuted; to institute, at the direction of the Board of Trustees,
all civil actions in the corporate name of the Village; to exercise
supervision over the subordinate officers of the Village; to intervene,
at the direction of the Board of Trustees, in any and all actions
where deemed necessary by the Board to protect the rights of the Village
and of its inhabitants; and to execute all contracts in the name of
the Village.
B.
Term of office. The Mayor is an elective officer of the Village,
and the term of office of the Mayor is four years.
A.
Powers and duties. The Deputy Mayor is vested with the powers of
and performs the duties of the Mayor during the absence or inability
of the Mayor.
B.
Term of office. The Deputy Mayor, appointed by the Mayor, must be
a Village Trustee. The term of office of the Deputy Mayor is one year.
C.
Absence of Mayor and Deputy Mayor. If the Mayor and Deputy Mayor
are both absent or unable to perform their official duties, the Mayor
shall appoint another Trustee to be Acting Deputy Mayor during the
absence or inability of the Mayor or the Deputy Mayor.
A.
Powers and duties. The Trustees, together with the Mayor, compose
the legislative body of the Village, the Board of Trustees. The Board
of Trustees shall have management of Village property and finances
and may take all measures and do all acts, by local law, not inconsistent
with the provisions of the New York State Constitution, and not inconsistent
with any general law except as authorized by the Municipal Home Rule
Law, which shall be deemed expedient or desirable for the good government
of the Village, its management and business, the protection of its
property, the safety, health, comfort, and general welfare of its
inhabitants, the protection of their property, the preservation of
peace and good order, the suppression of vice, the benefit of trade,
and the preservation and protection of public works. The Board of
Trustees shall exercise such authority and power as is granted to
it by § 4-412 of the Village Law and any and all additional
authority as shall be prescribed or authorized by any other law, rule
or regulation. The Board of Trustees is further authorized to expend
Village funds in order to publish reports, bulletins or other information
in the form of a newsletter related to the official acts and meetings
of the officers, employees, boards, commissions, departments or other
agencies of the Village and may distribute such newsletters to the
residents and taxpayers of the Village.
B.
Term of office. The term of office of each Trustee, an elective office,
is four years.
A.
Powers and duties. The Village Justice, an elective office, presides
over the Village Justice Court and adjudicates violations of this
Code and such other matters as are brought before the Village Justice
Court pursuant to the laws, rules and regulations of the state.
B.
Term of office. The term of office of the Village Justice is four
years.
A.
Powers and duties. The Acting Village Justice presides over the Village
Justice Court in the absence of the Village Justice or when designated
by the Village Justice.
B.
Term of office. The term of office of the Acting Village Justice,
who is appointed by the Mayor subject to the approval of the Board
of Trustees, is one year.
A.
Duties. The Village Clerk shall have the duties and authorities as
are set forth in § 4-402 of the Village Law and such other
duties and authorities as shall be prescribed by any other law, rule
or regulation or by resolution of the Board of Trustees.
B.
Term of office. The term of office of the Village Clerk is one year.
The Village Clerk shall be appointed annually by the Mayor, subject
to the approval of the Board of Trustees.
C.
Deputies. The Mayor, subject to the approval of the Board of Trustees,
shall appoint a Deputy Village Clerk and the appointee shall hold
office for one year.
A.
Duties. The Village Treasurer shall have the duties and authorities
as are set forth in § 4-408 of the Village Law and such
other duties and authorities as shall be prescribed by any other law,
rule or regulation or by resolution of the Board of Trustees.
B.
Term of office. The term of office of the Village Treasurer is one
year. The Village Treasurer shall be appointed annually by the Mayor,
subject to the approval of the Board of Trustees.
C.
Deputies. The Mayor, subject to the approval of the Board of Trustees,
shall appoint a Deputy Village Treasurer and the appointee shall hold
office for one year.
A.
The office of Village Auditor in and for the Incorporated Village
of Mineola, New York, is created.
B.
Duties. The Village Auditor shall have the duties as follows: the
performance, under general supervision of the Board of Trustees, of
responsible professional auditing work in conducting audits of accounts
of departments, courts, agencies, institutions, committees, commissions,
and boards of the Village and the performance of related work as required
or requested.
C.
Term of office. The term of office of the Village Auditor is one
year. The Village Auditor shall be appointed annually by the Mayor,
subject to the approval of the Board of Trustees.
A.
Duties. The Village Attorney is appointed by the Mayor, subject to
the approval of the Board of Trustees, and serves as counsel to the
Mayor and the Board of Trustees as well as all departments of the
Village.
B.
Term of office. The term of office of the Village Attorney is one
year.
C.
Deputies. The Mayor, subject to the approval of the Board of Trustees,
shall appoint Deputy Village Attorneys and the appointees shall hold
office for one year.
A.
Duties. The Village Assessor is appointed by the Mayor, subject to
the approval of the Board of Trustees pursuant to § 3-301,
Subdivision 2b, of the Village Law, and is responsible for preparing
the annual assessment roll of real property within the Village in
accordance with § 1402, Subdivision 1, of the Real Property
Tax Law.
B.
Term of office. The term of office of the Village Assessor is one
year.
C.
Board of Assessment Review. The Board of Assessment Review shall
consist of three members appointed by the Board of Trustees. The Board
of Assessment Review shall hear all complaints at the annual grievance
day for the purpose of hearing complaints relative to the annual assessment
roll pursuant to § 1406 of the Real Property Tax Law. The
term of office for each member shall be five years from the date of
appointment by the Board of Trustees.
[Amended 1-10-2018 by L.L. No.
1-2018]
D.
Deputies. The Mayor, subject to the approval of the Board of Trustees,
shall appoint Deputy Village Assessors and the appointees shall hold
office for one year.
A.
Duties. The Clerk of the Justice Court is appointed by the Mayor,
subject to the approval of the Board of Trustees and the advice and
consent of the Village Justice, and is the chief administrative officer
of the Justice Court.
B.
Term of office. The term of office of the Clerk of the Justice Court
is one year.
A.
Duties. The Village Prosecutor is appointed by the Mayor, subject
to the approval of the Board of Trustees, and prosecutes all matters
in the Village Justice Court.
B.
Term of office. The term of office of the Village Prosecutor is one
year.
C.
Deputies. The Mayor, subject to the approval of the Board of Trustees,
shall appoint Deputy Village Prosecutors and the appointees shall
hold office for one year.
A.
Duties. The Superintendent of Buildings is appointed by the Mayor,
subject to the approval of the Board of Trustees, and is responsible
for enforcing certain provisions of this Code as are set forth herein
or as established by resolution of the Board of Trustees.
B.
Term of office. The term of office of the Superintendent of Buildings
is one year.
A.
Duties. The Superintendent of Public Works is appointed by the Mayor,
subject to the approval of the Board of Trustees, and is the Village
official in charge of the sewers, roads, parks, lights and other public
works functions of the Village.
B.
Term of office. The term of office of the Superintendent of Public
Works is one year.
C.
Deputies. The Mayor, subject to the approval of the Board of Trustees,
shall appoint an Assistant Superintendent of Public Works and the
appointee shall hold office for one year.
A.
Duties. The Registrar of Vital Statistics is the officer of the Village
responsible for the registration, maintenance and certification of
births and deaths pursuant to the Public Health Law of the State of
New York.
B.
Term of office. The term of office of the Registrar of Vital Statistics
is one year.
C.
Compensation. The compensation of the Registrar of Vital Statistics
shall be set from time to time by resolution of the Board of Trustees.
Such compensation shall be in a fixed amount, and fees collected with
respect to the performance of duties shall be the property of the
Village pursuant to the provisions of § 4124 of the Public
Health Law.
D.
Unless otherwise directed by resolution of the Board of Trustees,
the Village Clerk shall serve as Registrar of Vital Statistics and
compensation for such service shall be included in the salary of the
Village Clerk.
E.
Deputies. The Mayor, subject to the approval of the Board of Trustees,
shall appoint a Deputy Registrar of Vital Statistics and the appointee
shall hold office for one year.
Notwithstanding any provision of this chapter or of any law
to the contrary, the terms of office set forth herein for each appointed
official shall extend until a successor in office shall have been
duly appointed and shall have qualified for such position.
The compensation of all appointed officials and the Village
Justice shall be determined by resolution of the Board of Trustees.
The compensation for elected officers other than the Village Justice
shall also be determined by resolution of the Board of Trustees, but
no change in compensation shall be effective unless published in the
official notice of public hearing on the tentative annual budget in
compliance with § 5-508, Subdivision 3, of the Village Law.
A.
Employees. The policy of the Board of Trustees is hereby declared
to be that qualified residents of the Village who seek employment
with the Village shall be given preference over equally qualified
nonresidents as the same shall be permitted by law.
C.
Elected officers. All elected officers of the Village shall be Village
residents. All other appointed officers shall not be eligible to be
appointed to or shall continue to hold any appointive Village office
described in this chapter who is not a citizen of the United States,
at least 18 years of age and a resident of either the County of Nassau
in the State of New York or any county contiguous thereto; and who,
if eligibility to or holding of such office is subject to regulation
under the Civil Service Law or any other statute, does not meet the
requirements of such law or other statute.
A.
The provisions of this chapter shall apply to employees of the Village
and any other person(s) rendering or performing services to or on
behalf of the Village as independent contractors or subcontractors,
their officers, agents or employees and any persons hired or retained,
designated or appointed as or to the positions of employment listed
and described in the following subsection which may be amended from
time to time, by resolution, of the Board of Trustees.
B.
Schedule of positions of appointment.
(1)
Advisory member of a board.
(2)
Village Architect/Village Consulting Architect.
(3)
Special Legal Counsel.
(4)
Special aide or assistant to a board, or officer or Code Enforcement
Officer.
(5)
Meter Enforcement Officer.
(6)
Secretary to the Board of Trustees.
(7)
Secretary to the Zoning Board of Appeals.
(8)
Secretary to the Planning Board.
(9)
Ad hoc member(s) of the Zoning Board.
C.
No person appointed to any position of employment or otherwise holding
any such position described in or under this section shall be required
to meet any specific residency requirement applicable to elective
or appointive offices under the provisions of this chapter.
D.
The provisions of the foregoing subsection shall in no event be deemed
or construed as superseding any residency requirement otherwise imposed
upon Village employees described in this chapter under the provisions
of any general or special law or statute of the State of New York
or the United States; or under the provisions of any local law, ordinance,
resolution, order or other legal enactment of the Village or Board
of Trustees of the Village; or under the provisions of any current
collective bargaining agreement or contract of employment having application
to any such employee or position of employment.
E.
The above-enumerated offices may be amended from time to time by
resolution by the Board of Trustees.
