Town of Oyster Bay, NY Public Works Department

There shall be in the Town of Oyster Bay a Department of Public Works. The principal executive officer and administrative head of such Department shall be the Commissioner of Public Works, who shall be appointed by the Town Board for the term fixed by law at such salary as may from time to time be fixed by said Town Board. The Commissioner of Public Works shall be appointed on the basis of his administrative experience and qualifications for the duties of such office and such additional standards as may be required by the Town Board. The Commissioner shall be the head of the Department with power and authority to appoint and remove officers and employees under his jurisdiction in accordance with the Civil Service Law and other applicable laws.

§ 4-113 Deputies.

[Amended 5-13-1986 by L.L. No. 3-1986]

The Commissioner is empowered herein to appoint seven Deputies who shall generally act for and in his behalf and who shall perform such duties as are vested in and imposed upon that office by the provisions of this article, by statute or by other lawful authority.

§ 4-114 Undertakings.

[Amended 2-10-2004 by L.L. No. 4-2004]

Before entering upon the duties of his or her office, the Commissioner shall execute and file an official undertaking, if the same be required by the Town Board, in such sum as prescribed by the Town Board and in such form as approved by the Town Attorney. Except as otherwise provided for herein, the Commissioner of Public Works shall have charge of the administration of the Department.

§ 4-115 Organization.

[Amended 12-19-1978 by L.L. No. 8-1978; 5-13-1986 by L.L. No. 3-1986; 4-23-1991 by L.L. No. 2-1991; 2-10-2004 by L.L. No. 4-2004; 11-25-2008 by L.L. No. 12-2008; 3-15-2022 by L.L. No. 2-2022; 3-15-2022 by L.L. No. 3-2022]

The Commissioner shall have such powers as shall be necessary for the administration of the Department consistent with applicable provisions of law. Until such time as the same may be either amended or modified, the Department shall be divided into the following divisions:

Administration.

Central Vehicle Maintenance.

Engineering.

Highway and Public Parking.

§ 4-116 Powers and duties.

The powers and duties of such divisions therein shall be under the administration, direction and control of the Commissioner of Public Works, and each of said divisions shall be supervised by a division head who shall be designated as superintendent.

The Commissioner may, with the approval of the Town Board, establish, consolidate or abolish any divisions now existing or hereafter created in said Department; establish, consolidate or abolish any bureau now existing or hereafter created in any such division.

§ 4-117 Enumeration of divisions.

[Amended 5-13-1986 by L.L. No. 3-1986; 4-23-1991 by L.L. No. 2-1991; 2-10-2004 by L.L. No. 4-2004; 12-20-2005 by L.L. No. 8-2005; 11-25-2008 by L.L. No. 12-2008; 3-15-2022 by L.L. No. 2-2022; 3-15-2022 by L.L. No. 3-2022]

Division of Administration. To administer, supervise, manage, implement, initiate and direct all matters concerning the Office of Administration of the Public Works Department. The division head acts as liaison for the Commissioner of Public Works with all divisions and bureaus of the Department of Public Works as well as all departments within the Town of Oyster Bay. The Division is responsible for all personnel records and actions for the Department. It plans and coordinates policies, procedures and programs concerning personnel. The Division is responsible for general services and manages, maintains, repairs and cleans Public Works complex. Provides, manages and maintains all telephone communication services for Public Works Department complex. The Division is responsible for accounts and processes for payment of all claims as well as maintain records of said claims and petty cash. It coordinates data from divisions for preparation of fiscal budget for the Public Works Department.

Division of Central Vehicle Maintenance. To supervise, manage and provide for the repair and maintenance service for all vehicles owned and under the jurisdiction of the Town of Oyster Bay and to make authorized assignments thereof and to manage and maintain related facilities, equipment and personnel necessary for the proper administration thereof.

Division of Engineering. To perform the duties of Town Engineer and to have general charge and supervision of the design and construction of Town buildings, roads and drainage, parks and grounds, and to oversee and manage Town landfill remediation and closure programs, including, but not limited to, the monitoring of remediation activities at the Old Bethpage Solid Waste Disposal Complex and any other solid waste management facility or facilities operated now or in the future by the Town, including, but not limited to: leachate treatment, groundwater treatment, landfill gas control, and landfill cap maintenance; to oversee and manage, other structure or improvements in the nature of public works as the Town or any of its special districts or departments may construct. Furthermore, the division head of the Division of Engineering will continue with all of the powers and be subject to all of the duties of a Town Engineer.

Division of Highway and Public Parking. To have charge and supervision of the repair, maintenance, cleaning and lighting of all highways, roads, streets, bridges and stormwater drainage systems and other outdoor facilities under the jurisdiction of the Town or any special districts thereof, and to further provide for and maintain and operate municipal off-street public parking areas, including metered parking, and to further supervise and to have jurisdiction over any improvement districts related thereto. The division head of the Division of Highways and Public Parking shall have authority to issue permits relative to road openings and closures, excavations, and tree removal, including but not limited to block parties, and parade permits. Furthermore, the division head of the Division of Highways and Public Parking shall have all the powers and duties of a Town Superintendent of Highways as prescribed by law.

§ 4-118 Performance of other duties; delegation of powers.

The Commissioner, acting by and through any of said existing or hereafter named divisions, shall be empowered to perform such other duties and functions that are prescribed to be performed by him in any law, ordinance or resolution of the Town Board or lawful directive of the Supervisor; however, the Commissioner may delegate any of his powers to or direct any of his duties to be performed to a Deputy Commissioner or head of a division.

The Commissioner is hereby authorized and empowered, subject to the prior approval of the Town Board, except that such prior approval will not be required in cases of emergency, to retain and employ private engineers, architects and consultants, or firms practicing such profession, for the purposes of: preparing designs, plans and estimates of structures or projects of any type and character; rendering assistance and advice in connection with any project, whether defined or proposed and under the supervision of the Department of Public Works; and performing such other and necessary services as the Commissioner may deem necessary in the administration of the Department.

§ 4-119 Charges against special districts.

All costs and expenses incurred by the Department or its officers 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.

§ 4-120 Powers of Supervisor.

Nothing herein contained shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52 and 125 of the Town Law of the State of New York or any other powers which may be lawfully exercised by said Supervisor.

§ 4-121 Fees.

The Commissioner may establish a schedule of fees to be collected by him for the filing in his office or department of any map or written instrument required to be so filed; the preparation of any copy of a map or written instrument filed in his office or department; for certifying any such map or written instrument; and for any other service rendered in connection with the work of his department and for which he deems it necessary to charge and to collect a fee therefor.