There is hereby created within the Town of Penfield a department
to be known as the "Department of Public Works."
The Highway Department is hereby assigned to said Department
of Public Works for supervision, which includes highway, drainage
and solid waste.
The position of Director of Public Works is hereby created to
administer such Department. The position of Deputy Director of Public
Works is also created to assist the Director in specific duties/tasks
assigned. The terms of office shall be at the discretion of the Town
Board.
The Director of Public Works shall have the following responsibilities
and perform the following duties:
A. Supervise and direct the activities of the Highway Department, which
include highway, drainage and solid waste. This supervision shall
coordinate the policies of the Town Board.
B. Ascertain that the Town ordinances/local laws, county and state codes,
rules or regulations that pertain to the Public Works Department are
complied with and implemented where necessary.
C. Establish and maintain close liaison and cooperation with the State
and County Departments of Public Works/Highways.
D. From reports submitted by department heads and other sources, formulate
programs for the various special districts/programs (drainage, highway,
solid waste) that will efficiently meet the needs of the people in
the special district/Townwide.
E. Ensure that all highway equipment, facilities and buildings are adequately
maintained through periodical inspections and report to the Town Board
any findings that require action.
F. Review and approve any specifications for supplies, new equipment
and repairs before the specifications are submitted for competitive
bidding.
G. Review and manage the public works budget; submit a monthly report
to the Town Board.
H. Ensure that all public works projects under contract to private individuals
and projects being performed by Town personnel are adequately inspected.
I. Answer questions, investigate requests for assistance relating to
public works issues, whether received from the public or assigned
by the Town Supervisor, report to the Supervisor as to how the matter
was disposed of and include in the monthly report to the Town Board
a summary of complaints by category.
J. Prepare news items involving public works for release to the news
media. The Supervisor and Town Board must approve the items before
release and will determine the extent of coverage.
K. Develop a five-year capital expenditure program for the Highway Department
and submit it to the Town Board annually.
L. Recommend to the Town Board any new ordinances/local laws or revisions
to existing ones that will improve the operation or efficiency of
the Department or in any way favorably affect the general welfare
of the Town and its residents.
M. Recommend to the Town Board any changes in the organization of the
Highway Department that seem desirable.
N. Administer Town personnel policies affecting Highway Department employees,
and write job classifications; perform all necessary performance appraisals
for each employee.
O. Establish personnel training procedures and ensure that there will
be sufficient manpower available and trained when vacancies occur
or during an absence.
P. Establish uniform procedures for hiring new personnel.
Q. Establish procedures for determining the operating and maintenance
costs on all major equipment items and make economic comparisons when
requested by the Supervisor or Town Board.
R. Have the power, subject to the approval of the Town Board, to appoint
and, for cause, remove personnel in the Highway Department.
S. Issue stop-work orders whenever the Director of Public Works has
reasonable grounds to believe that any work pertaining to roadway
and drainage construction is in violation of any ordinance, local
law or the design criteria of the Town of Penfield or that such work
or activity endangers life, property or the environmental balance.
(1) The Director of Public Works shall have the authority to designate
employees of the Department to issue orders to stop work on his or
her behalf.
(2) When an order to stop work is issued pursuant to other authority
granted hereinabove, such order shall be posted by the Director of
Public Works in a conspicuous place in the vicinity of the work or
activity in violation.
(3) It shall be an offense for any person to fail to comply with a properly
issued order to stop work. Each day that such an offense continues
shall be deemed a separate offense. Each offense shall be punishable
by a fine of not more than $500 or 15 days' imprisonment, or both.
[Amended 12-16-2015 by L.L. No. 3-2015]
The Deputy Director of Public Works is to provide any and all
support services to the Director of Public Works in the form of inspections,
reviewing/developing programs or any other support seminars requested.
The qualifications for Director of Public Works shall be as
follows:
A. The Director of Public Works shall be completely familiar with the Town, operation of all departments and have a general knowledge of highway equipment. He/She must be technically competent to perform all of the duties outlined above in §
11-8. It is desirable that he/she have one or more years' experience as an administrative employee of the Town before assuming the job. A college degree is also desirable, but eight years of experience may be accepted in lieu thereof. Knowledge of law, engineering and highway construction is essential.
B. The Director of Public Works must be knowledgeable in modern administrative
procedures, accounting techniques and office methods. He/She must
have the ability to maintain good relationships with subordinates
and the other Town departments. He/She must be adapt in serving the
Town's residents and in dealing with developers, contractors,
professional people, the news media and others with whom contact is
made.
This article is intended to supersede New York Town Law § 64,
Subdivision 21-a(2), relating to the term of office of the Director
of Public Works.