[HISTORY: Comes from L.L. No. 91-1972, adopted 9-12-1972, effective 9-19-1972.]
[Amended 9-27-1983 by L.L. No. 80-1983, effective 10-5-1983]
There shall be in the Town of Hempstead a Department of Sanitation. The executive head of such Department shall be the Commissioner of Sanitation, who shall be appointed by the Town Board for a term fixed by law at such salary as may, from time to time, be fixed by said Town Board. The Commissioner of Sanitation shall be appointed on the basis of his administrative experience. The Commissioner shall have the power and authority to appoint and remove a First, Second and Third Deputy Commissioner, who, individually and in the order named, shall have all of the rights, powers, obligations and responsibilities of the Commissioner and the authority to act in his place and stead. The Commissioner shall have the power to appoint and remove all other subordinate officers and other employees and to assign them to their respective duties. The Deputy Commissioners, in the order named, in the absence of the Commissioner or his inability to act, shall have the rights, obligations and duties of the Commissioner. The positions of the Deputy Commissioners shall, pursuant to the statutory authority contained in the Municipal Home Rule Law and the Civil Service Law, be in the exempt class.
There shall be within the Department of Sanitation the following divisions:
Administrative: to have general supervision of intradepartmental matters, including supervision of personnel and maintenance of personnel records, maintenance of accounting and departmental records, including budget control and statistical analysis of overall direction and coordination of divisional activities.
Planning: to perform under general supervision the gathering of information and analysis thereof and the preparation and submission for Town Board consideration of reports and recommendations based upon such studies and relating to all matters involving town services and facilities or as may be in any manner beneficial to town government in promoting the economic and social well-being of the town, its residents, taxpayers and commercial community.
Operations: There shall be as part of this Department a Division known as "Operations." This Division shall operate and maintain, repair and otherwise keep in good order and working condition all of the plant equipment and vehicles used in this Department. This Division shall perform the same operations as heretofore while it was constituted as part of the Department of Public Works.
This Department shall have jurisdiction over and enforce all of the rules and regulations of the following operations and districts:
The Department of Sanitation shall collect, convey and dispose of all refuse within such portions of the Town of Hempstead as are within the sole jurisdiction and control of the Town Board, and exercise such powers and perform such duties as are prescribed by any and all local laws, ordinances, laws, rules or regulations pertaining to litter and refuse heretofore or hereafter enacted or promulgated, and such further and additional rules and regulations so as to abide by and fit in and have due regard for the necessity of an ecology program beneficial to the residents of the Town of Hempstead, and shall have a vehicular maintenance section.
All costs and expenses incurred by the Department or its officers, agents or employees on behalf of a special improvement district or special town project shall be charged against such district or project and paid from the funds duly appropriated for the purpose of such district or project.
The Sanitation Division of the Department of Public Works, presently existing, is hereby transferred in its entirety, including all property, equipment and budgetary appropriations, to the Department of Sanitation. The employees of such Division shall be continued as employees in the Department of Sanitation with the same classifications, pension and retirement rights and privileges as they had immediately prior to such transfer.
The Commissioner, only when specifically authorized so to do by the Town Board, may from time to time, employ such additional persons, including special, technical, fiscal and legal consultants as may be necessary in the discharge of his duties.