[HISTORY: Adopted by the Board of Trustees of the Village
of Nyack 4-15-2010 by L.L. No. 8-2012.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was originally numbered
as L.L. No. 5-2010 but was renumbered when it was filed with the State
of New York.
In order to provide the most economical and efficient overall
direction, coordination and control of the day-to-day activities of
the Village of Nyack, to provide centralized direction and control
of Village employees and to minimize the administrative detail now
handled by the Mayor and Board of Trustees and to free them for proper
consideration of policy matters, the position of Village Administrator
is hereby established for said Village.
A.
The
Village Administrator shall be appointed by the Mayor with the approval
of the Board of Trustees and shall remain in the position at the pleasure
of the Board of Trustees.
B.
The
position shall be an unclassified position. Compensation shall be
fixed by the Mayor and Board of Trustees.
C.
The
Administrator shall be appointed without regard to political affiliation
and solely on the basis of professional qualifications, which shall
be deemed to be at least a bachelor's degree in public administration,
public finance, or city planning and not less than five years'
experience in municipal government or management, or the equivalent
combination thereof.
D.
The
Village Administrator may simultaneously hold another position in
and for the Village as an officer or full-time employee thereof.
E.
In
the hiring process, residents of the Village of Nyack shall be given
a preference over otherwise qualified candidates.
Subject to the approval, direction and control of the Mayor
and Board of Trustees or, in those instances where approval, direction
and control is, by applicable law, reserved to the Mayor, under the
approval, direction and control of the Mayor and in accordance with
such rules and regulations as may be promulgated by the Board of Trustees,
the Village Administrator shall:
A.
Oversee
that the rules, regulations, ordinances, local laws and codes of the
Village are fairly and efficiently administered.
B.
Supervise
and coordinate the activities of all Village departments.
C.
Oversee
and coordinate the work of all Village employees and implement the
personnel policies, rules and regulations of the Village.
D.
Recommend
to the Mayor and Board of Trustees appointments, promotions or dismissals
of all Village employees in accordance with applicable statutes.
E.
Represent
or supervise the representation of the Village in collective negotiations
with employees.
F.
When
so designated by the Mayor, prepare, as budget officer, the tentative
budget according to law.
G.
Control
expenditures within amounts appropriated by the Mayor and Board of
Trustees by enforcing appropriate administrative controls.
H.
Report
the financial condition of the Village to the Mayor and Board of Trustees
regularly and recommend needed action.
I.
Supervise
the purchase of all materials, supplies and equipment and the letting
of all contracts.
J.
Conduct
a continuing study of all activities and functions of the Village
with a view to making recommendations, from time to time, to the Mayor
and Board of Trustees of measures and programs that would improve
the efficiency and economy of Village government or promote the health,
safety and welfare of the residents of the Village.
K.
Maintain
a liaison with other governments and administrative agencies but not
supplant the Mayor or Trustees as official representative of the Village.
L.
Investigate
and respond to all inquiries by Village residents and other interested
persons concerning Village government operations and services.
M.
Attend
all meetings of the Board of Trustees and provide information relevant
to agenda items and questions of the Mayor and Trustees.
N.
Serve
as the public information officer of the Village, particularly with
local news media.
O.
Serve
as the principal grants person of the Village in identifying and applying
for relevant financial grants.
P.
Discharge
such other duties and responsibilities as may, from time to time,
be assigned to him/her by the Mayor and Board of Trustees.
The Mayor and Board of Trustees may remove the Village Administrator
from office in accordance with the following procedure:
A.
The
Board of Trustees shall adopt, by the affirmative vote of the majority
of its membership, a preliminary resolution which must state the reasons
for removal and may suspend the Village Administrator from duty for
a period not to exceed 30 days with pay but without reimbursable expenses.
A copy of the resolution shall be delivered to the Village Administrator
personally or by registered mail to his/her home address within five
days after adoption.
B.
Within
five days after receipt of the resolution, the Village Administrator
may file with the Village Clerk a written request for a public hearing
by the Board of Trustees. Such hearing shall be held at an advertised
meeting not earlier than 20 days nor later than 30 days after the
request has been filed with said Clerk.
C.
The
Mayor and Board of Trustees may adopt a final resolution of removal,
which may be made effective immediately, by affirmative vote of the
majority of the membership of the Board any time after 10 days from
the date when a copy of the preliminary resolution was delivered to
the Village Administrator if he/she has not requested a public hearing
or at any time after the public hearing if such was requested.
D.
The
Village Administrator shall continue to receive his/her full salary
until the effective date of the final resolution of removal and for
a period of 60 days thereafter.
E.
The
action of the Board of Trustees in suspending or removing the Village
Administrator shall not be subject to review by any court or agency.
Nothing herein shall be deemed or construed as abolishing, transferring
or curtailing any powers or duties of the Mayor or Board of Trustees.
All existing local laws or ordinances of the Village and the
duties of heads of departments shall remain in full force and effect
except insofar as they conflict with the provisions of this chapter,
in which case the provisions of this chapter shall prevail.
