[HISTORY: Adopted by the Town Board of the
Town of Babylon 4-7-1976 by L.L. No. 5-1976. Amendments noted where
applicable.]
A.
Whenever used in this chapter, words used in the singular
include the plural and vice versa.
B.
ASSISTANT TO TOWN BOARD
COUNCILMEN
OFFICE
As used in this chapter, the following terms shall
have the meanings indicated:
The chief executive administrator of the Office of the Town
Board.
The public officials elected as Councilmen of the Town of
Babylon.
The administrative body of the Town Board.
There shall be in the Town of Babylon an Office
of the Town Board. The governing head of said Office shall be the
members of the Town Board who, by majority decisions, shall prescribe
the duties, functions and responsibilities of the personnel and divisions
of said Office. The Office of the Town Board shall serve the needs
and responsibilities of the members of the Town Board, individually,
severally or collectively in the performance of their legislative
duties as prescribed by the Town Law of the State of New York and
any other law applicable thereto. The Town Board, by majority decision,
shall appoint and remove any officer or employee of the Office of
the Town Board under its jurisdiction not otherwise prohibited by
law.
[Amended 6-7-1977 by L.L. No. 4-1977; 9-3-2002 by L.L. No. 26-2002; 6-19-2012 by L.L. No.
5-2012]
A.
The members
of the Town Board shall exercise and maintain such powers as shall
be necessary for the administration of the Office consistent with
applicable provisions of law or procedures pertinent thereto.
[Amended 6-7-1977 by L.L. No. 4-1977; 9-3-2002 by L.L. No. 26-2002; 6-19-2012 by L.L. No.
5-2012]
A.
The powers
and duties of the Division of Public Information shall be under the
direct administration of the Town Board, and the head of said Division
shall be designated as Public Information Officer of the Town of Babylon.
B.
The powers
and duties of the Legislative and Secretarial Divisions shall be under
the administration of the Assistant to the Town Board. The division
head of the Legislative Division shall be designated Chief Research
Assistant, and the division head of the Secretarial Division shall
be designated Supervising Secretary. The powers and duties of the
Community Affairs Division shall be under the direct administration
of the Town Board, and the head of such Division shall be designated
a director of such Division.
C.
Subject to
Town Board approval, the heads of each Division may establish, consolidate
or abolish any subdivision or bureau under their respective jurisdictions,
and each shall be empowered to perform such other duties and functions
prescribed to him/her in any law, ordinance or resolution of the Town
Board. Unless otherwise directed, each may delegate any of his/her
powers or duties to be performed by the heads of any subdivision or
bureau under his/her administration.
D.
Legislative
Division: It shall generally advise the Town Board respecting proposed,
pending and enacted legislation, federal, state and local, which may
affect or influence the affairs of the Town of Babylon; it shall initiate,
collate, report and record for Town Board consideration all pertinent
and required research and process all legislative information and
material in servicing the deliberations of the Councilmen in contemplation
of Town Board action.
E.
Communications
Office: It shall be responsible for channeling all public information
and news in all media from and to the Town Board; it shall plan, coordinate
and develop all publicity and community relations programs and projects,
unless otherwise delegated in any other local law, ordinance or resolution
of the Town Board; and it shall generally perform such other public
information duties in the service of the Town Board as may be directed
respectively thereby.
F.
Secretarial
Division: It shall perform such duties, functions and assignments
as are proper and necessary in executing the administrative and clerical
obligations and needs of the Town Councilmen, individually and collectively;
and it shall be obligated to provide and maintain all services customarily
undertaken and assumed by confidential secretaries.
G.
Community
Affairs Division: It shall administer, manage and provide a more effective
Town emphasis on improvement of services to the citizens and act as
an ombudsman in Town government for residents of the Town; and research
and recommend new and improved programs or services which focus on
improving suburban lifestyle.
H.
Youth Services
Division: It shall have charge of and administer all programs of public,
private and religious organizations with grant agreements established
by the Town of Babylon to promote the advancement of the mental, moral
and physical well-being of youth in the Town of Babylon. The Town
of Babylon Youth Board shall exist in this Division, responsible to
the Town Board hereof, empowered to render opinions regarding the
operations of the Division and the programs under its jurisdiction,
in accordance with the provisions of Article 19-A of the Executive
Law of the State of New York.
I.
The Division
of Disabled and Handicapped Services shall administer, manage and
provide for, solely or in cooperation with the individuals, groups
or municipalities, programs, projects and activities specially adaptable
for handicapped individuals and groups and which stimulate, promote,
encourage and advance the moral, physical, mental and social well-being
of such persons in the Town of Babylon. The Director or his designee
shall be the executive secretary of the Advisory Committee on the
Handicapped of the Town of Babylon. The Director shall not be empowered
to vote in the official deliberations of said Committee but shall
administer to its needs and requirements in the fulfillment of its
lawful duties.
Nothing herein contained shall be construed
to delegate or transfer any power of the Town Supervisor contained
in §§ 29, 52 and 125 of Town Law of the State of New
York or any other powers which may be lawfully exercised by said Supervisor.
[Added 11-10-2011 by L.L. No. 20-2011]
A.
The Town Board finds that the world is a different place after the
United States was attacked on September 11, 2001. As a result of the
attack, America mobilized our members of our armed services, both
active and reserve and also invoked stop loss, which kept soldiers
serving after their tours of duty were fulfilled. Many Americans have
been deployed overseas and many reserve soldiers have been activated
to support our troops, many times leaving gaps in our society which
they filled on a daily basis.
B.
The fact that so many reservists have been activated and reactivated
on numerous occasions has left the Town to answer the question of
how does the government function with the loss of an elected official
activated to serve our country. While a vacancy is not created when
an elected official is deployed on active military duty, the seat
is nonetheless vacant when the Board meets and votes on resolutions
necessary to run Town government on a daily basis.
C.
In order to provide for continued government and to secure the protection
of our armed forces serving the government as elected officials, the
Town must act with regard to the membership and composition of its
legislative body pursuant to New York Municipal Home Rule Law.
D.
The Town Board finds it necessary to have a supersession of the legislature
and to supersede any contrary law or statute, including, but not limited
to New York State Public Officer's Law § 30; New York State
Military Law Section §§ 242 and 243; State General
Municipal Law § 92 and New York State Town Law §§ 20.1(a);
64(23); 51(6) and 94(5).
[Added 11-10-2011 by L.L. No. 20-2011]
A.
When an elected Councilperson serving on the Town Board is unable
to fulfill his/her duties due to responsibilities and obligations
to the United States military (active military duty), an alternate
Councilperson position is created and said elected Councilperson is
deemed to be on a leave of absence.
B.
An alternate Councilperson may be appointed by a majority vote of
the Town Board within 30 days of written notification that a Councilperson
will be activated for military duty and unable to fulfill his/her
duties as a Town Councilmember. The alternate Councilperson must meet
the criteria necessary to run for the office of Councilperson in a
general election, as a prerequisite to being appointed as an alternate
Councilperson. Said alternate Councilperson shall assume the office
of alternate Councilperson on the day following the date of deployment
of said soldier/Councilperson or any date thereafter that the Town
Board may designate.
C.
The alternate Council position is limited to a term of one year.
Nothing herein shall provide for any such appointment to exceed the
term of office of the elected Councilperson on military leave. The
alternate Councilperson shall serve until the Councilperson's absence
has ended and said elected Councilperson can resume the duties of
his/her elected office.
D.
In the event that any of the provisions of this section are declared
invalid or unenforceable by any court of competent jurisdiction, the
remaining terms and provisions which are not affected thereby shall
remain in full force and effect.
[Added 9-13-2016 by L.L.
No. 14-2016]
A.
Legislative intent. It is the intention of the Town Board to exercise
its authority pursuant to Municipal Home Rule Law §§ 10(1)(ii)(a)(1),
10(1)(ii)(a)(2), 10(1)(ii)(d)(3) and Town Law §§ 24
and 24-a(1) any other applicable provision of law now or hereinafter
enacted, to supersede and/or expand upon the applicable provisions
of Town Law § 85 and any successor law with respect to authorizing
the Town Board instead of the Suffolk County Board of Elections to
draw ward district lines and to maintain the term of office for all
Councilmen at four years after a ward system has been established.
B.
Ward system for election of Councilmen.
(1)
Whenever a proposition shall have been adopted in the Town for the
establishment of the ward system and the election thereafter of one
Councilman from each ward, the Town Board shall divide the Town into
four wards and fix the boundaries thereof, unless a proposition shall
have been adopted to increase the number of Councilmen from four to
six, in which instance, the Town Board shall divide the Town into
six wards and fix the boundaries thereof. The Town Board shall divide
the districts so that the number of voters in each ward shall be substantially
equal, with wards composed of convenient and contiguous territory
in as compact form as practicable. No election district heretofore
or hereinafter created under the Election Law shall contain parts
of two or more wards. When the Town Board shall have finally determined
the boundaries of the ward, it shall cause a map of the Town to be
prepared, showing, in detail, the location of each ward and the boundaries
thereof. The original map so made shall be filed in the office of
the Town Clerk, and copies thereof shall be filed in the offices of
the County Clerk and the Board of Elections of Suffolk County. The
ward system shall be deemed established after such filing is complete.
(2)
After a ward system shall have been so established, the term of office
of every Town Councilman shall terminate on the 31st day of December
next succeeding the first biennial Town election held not less than
120 days after the establishment of such ward system, and, at such
biennial Town election, one resident elector from each odd-numbered
ward shall be elected as Councilman therefrom for a term of two years,
and one resident elector from each even-numbered ward shall be elected
as Councilman therefrom for a term of four years, each such term to
begin on the first day of January next succeeding such election, and
thereafter at each biennial Town election there shall be elected successors
to the Town Councilmen whose terms are expiring for terms of four
years each to begin on the first day of January next succeeding such
election.
