Article XI: Other Departments

There shall be a Department of Law in the executive branch of the City government.

Corporation Counsel. There shall be a Corporation Counsel, who shall be the head of the Department of Law. The Corporation Counsel shall be appointed by the Mayor, subject to confirmation by the City Council, to serve at the pleasure of the Mayor. The Corporation Counsel shall be an attorney currently admitted to practice in the courts of the State of New York and who shall have had at least five years of active practice in the profession of law prior to appointment.

Duties of the Corporation Counsel. The Counsel shall act as legal advisor to the Mayor and to any City Council member, upon request of said City Council member. The Corporation Counsel shall appear for and protect the right and interests of the City in all actions, suits or proceedings by it or against it or against any City Officer, employee, department, board or commission in connection with municipal business. The Corporation Counsel may employ or retain legal counsel to assist the Corporation Counsel with litigation and/or any other duty within the Law Department in which the City or any officer thereof is interested or is a party with the written consent of and at a compensation approved by the Mayor and the City Council.

[Amended 10-6-2016 by L.L. No. 4-2016]

§ C-53 Department of Public Safety.

Establishment. There shall be a Department of Public Safety in the executive branch of City government. It shall include a Bureau of Police and a Bureau of Fire.

Commissioner of Public Safety. There may be a Commissioner of Public Safety, who shall be head of the Department of Public Safety and shall have supervision and control of the Bureau of Police and the Bureau of Fire. The Commissioner shall be appointed by the Mayor, subject to confirmation by the City Council, to serve at the pleasure of the Mayor and shall appoint, with the approval of the Mayor and in conformity with the rules of the Municipal Civil Service Commission, a Chief of the Bureau of Police and a Chief of the Bureau of Fire.

Qualifications of Commissioner. The Commissioner of Public Safety appointed by the Mayor, subject to confirmation by the City Council, shall possess at least a four-year degree in either law, law enforcement, police, fire, or public administration from an accredited college or university, and shall have had at least five years of responsible experience in law enforcement administration and/or law enforcement or fire management.

Rules and Regulations. The Commissioner of Public Safety shall issue and may from time to time amend rules and regulations not inconsistent with laws of the State of New York or ordinances of the City for the management and discipline of the police and fire forces of the City.

Disciplinary procedures of police and fire forces. All removal and other disciplinary actions of the police and fire forces of the City shall be controlled by Article 5 of the New York State Civil Service Law, § 75 through § 77, including any amendments thereto.

Chief of Police. There shall be a Chief of Police who shall be head of the Bureau of Police. The Chief shall be appointed by the Commissioner of Public Safety, with the approval of the Mayor, when a vacancy exists, or by the Mayor if there is no Commissioner. Appointment shall be made from an eligible list prepared by the Municipal Civil Service Commission. Under the supervision and control of the Commissioner of Public Safety or the Mayor, the Chief shall have command and management of the police force of the City.

Organization of Bureau of Police. The Bureau of Police shall consist of such divisions, sections, units, details and zones as shall be determined by the Commissioner or, if there is no Commissioner, the Chief of Police, and approved by the Mayor, consistent with the basic purposes of the Bureau and the fiscal resources available for its operations.

Appointments and promotions in police force. The Commissioner of Public Safety or, if there is no Commissioner, the Chief of Police, shall appoint or promote members and employees of the police force as approved by the Mayor and in accordance with the rules of the Municipal Civil Service Commission and the laws of the state.

Powers and duties of Commissioner, Chief of Police and Bureau members. The Commissioner of Public Safety, the Chief of Police, and the members of the Bureau shall be responsible for maintaining the peace of the City, preventing crime and enforcing the laws of the state and the ordinances of the City.

Chief of Fire. There shall be a Chief of Fire who shall be head of the Bureau of Fire. The Chief shall be appointed by the Commissioner of Public Safety, with the approval of the Mayor, when a vacancy exists, or by the Mayor if there is no Commissioner. Appointment shall be made from an eligible list prepared by the Municipal Civil Service Commission. Under the supervision and control of the Commissioner of Public Safety or the Mayor, the Chief shall have command and management of the fire force of the City.

Appointments and promotions in fire force. The Commissioner of Public Safety or, if there is no Commissioner, the Chief of Fire, shall appoint or promote with approval of the Mayor, members and employees of the fire force in accordance with the rules of the Municipal Civil Service Commission and the laws of the State.

There shall be a Division of Fire Prevention in the Bureau of Fire under the supervision and control of the Chief of Fire. This Division shall be responsible for the application and enforcement of the Fire Prevention Code of the City of Troy and all processes for permits, service orders, investigations, revocations, and inspections consistent with that part of the Uniform Fire Prevention and Building Code related to fire prevention.

§ C-54 Department of General Services.

Establishment. There shall be a Department of General Services in the executive branch of City government. The Department shall include a Bureau of Engineering, a Bureau of Traffic Control, a Bureau of Streets, a Bureau of Sanitation, a Bureau of Parks and Recreation, a Bureau of Buildings, a Bureau of Code Enforcement, and a Central Garage.

Commissioner of General Services. There shall be a Commissioner of General Services who shall be head of the department and shall have supervision and control of the entities enumerated in Subsection A herein. The Commissioner shall be appointed by the Mayor, subject to confirmation by the City Council, to serve at the pleasure of the Mayor and may appoint, with the approval of the Mayor, a City Engineer, a Traffic Engineer, a Superintendent of Streets and Sanitation, a Director of Code Enforcement, and a Director of Parks and Recreation.

Qualifications of Commissioner. The Commissioner of General Services shall possess at least a bachelor's degree in management or logistics, or an equivalent degree, from an accredited four-year college or university, and shall have had at least five years of increasingly responsible experience in public works administration or equivalent fields prior to appointment.

Bureaus may be combined. The Commissioner of General Services, provided that person is an engineer licensed as such under the laws of the state and with the approval of the Mayor, may assume the office of City Engineer or, with the approval of the Mayor, may consolidate any two or more of the bureaus of the Department under one Bureau Superintendent.

City Engineer. There shall be a City Engineer who shall be head of the Bureau of Engineering. The City Engineer shall be appointed by the Commissioner of General Services, with the approval of the Mayor, and shall be the First Deputy Commissioner of General Services and, under the supervision and control of the Commissioner, shall have charge of all engineering work of the City. The appointee shall be a professional engineer, licensed to practice as such under the laws of the state, and shall have had at least five years of experience in the practice of the profession prior to appointment.

Traffic Engineer.

There may be a Traffic Engineer who shall be head of the Bureau of Traffic Control, appointed in accordance with municipal civil service rules and regulations by the Commissioner of General Services, with the approval of the Mayor. The Traffic Engineer, under the supervision and control of the Commissioner, shall have charge of the placing, maintenance and operation of all traffic-control devices; of the maintenance of all pavement markings for traffic control; and of the placing, maintenance and operation of all parking meters on City streets or in the City parking lots. The Traffic Engineer shall keep a record of all traffic accidents in the City and recommend to the Mayor from time to time special treatment for hazardous conditions disclosed by such record. The Traffic Engineer shall be a graduate engineer with a degree in civil engineering from an accredited four-year college or university, and shall have had at least two years of experience in the practice of the profession prior to appointment.

It shall be the duty of the Traffic Engineer to determine and regulate the installation, operation and maintenance of all traffic-control devices; to conduct engineering analyses of traffic accidents and to devise remedial measures to conduct engineering investigations of traffic conditions on the streets of the City; to cooperate with other City officials in the development of ways to improve traffic control, and to carry out the additional duties and acts as authorized in Chapter 270, Vehicles and Traffic, of the Code of the City.

Supervisor of Streets and Sanitation. There may be a Supervisor of Streets and Sanitation who shall be head of the Bureau of Streets and the Bureau of Sanitation. The supervisor shall be appointed by the Commissioner of General Services, with the approval of the Mayor. Under the supervision and control of the Commissioner, the supervisor shall have charge of maintenance and operation of the streets and bridges of the City, and shall have charge of the collection and disposal of garbage and other municipal wastes in the City.

Public streets. All streets in public use in the City heretofore or hereafter laid out as streets under the laws of the state; all streets which have been improved or worked by the City and used as streets for 10 years or longer, and all streets heretofore or hereafter dedicated to the public use and accepted for such use by the City Council shall be deemed public streets of the City.

Dedication of streets. Whenever any street or other land is offered for dedication to the public use, the City Council may accept such dedication by ordinance. Before any such street or other land shall be accepted, the Council shall cause a survey, map and description to be made by the Commissioner of General Services who then shall report the results to the Council. Such description shall be entered at length in the minutes of the Council, and such map shall be filed in the offices of the City Clerk and the City Engineer.

Title by prescription. The City Council may by ordinance cause any street that has been worked by the City, has been in public use for 10 years or more, and is not sufficiently described or has not been duly recorded as dedicated to the public use, to be described and entered of record in its minutes.

Street grades. The City Council shall establish the grade of all public streets. No such grade, legally established, shall thereafter be changed except upon compensation for any damage resulting from such change of grade.

Sidewalks. It shall be the duty of the owners of land fronting on any of the public streets of the City to construct and keep in repair the sidewalks in front of their respective lots in such manner, at such times and of such materials as the Commissioner of General Services may direct; and to keep all such sidewalks at all times free of ice, snow and other obstructions. If any owner after notice shall neglect to comply with this section within the time specified by the Commissioner in the aforesaid notice, the Commissioner may cause the work to be done at the expense of the owner. The cost and expense of any such work shall, if not paid by the owner, be added to the tax rolls.

Construction work in streets. The Commissioner of General Services shall have power to regulate and control all construction work in the City streets by private persons, firms or corporations. No such construction work shall be undertaken without a permit for such work, signed by the City Engineer.

Director of Code Enforcement. There may be a Director of Code Enforcement, appointed by the Commissioner of General Services with the approval of the Mayor, who shall be the head of the Bureau of Code Enforcement. The appointee, who shall be under the supervision and control of the City Engineer, shall have charge of the enforcement of any building code, housing code, zoning ordinance, plumbing code or electrical code now in effect or hereafter adopted by the City Council.

Bureau of Buildings. There shall be a Bureau of Buildings that will be supervised by a Building Maintenance Supervisor. Under the supervision and control of the Commissioner, this Bureau shall be responsible for the operation, maintenance and upkeep of all municipally owned buildings, with the exception of the Department of Public Utilities building.

Central Garage. There shall be a Central Garage that will be supervised by an Auto Equipment Supervisor. Under the supervision and control of the Commissioner, this bureau shall be responsible for the repair and maintenance of all municipally owned vehicles, with the exception of the Bureau of Fire equipment and the Department of Public Utilities equipment.

Director of Parks and Recreation. There shall be a Director of Parks and Recreation, appointed by the Mayor with approval of the City Council. The Director shall have at least a bachelor's degree in recreation and parks management, or an equivalent degree, from an accredited four-year college, and at least three years of experience in the creation and management of recreational facilities or parks prior to appointment. Under the supervision and control of the Commissioner of General Services, the Director shall be responsible for management of entertainment and recreational activities carried on by the City. Parks and Recreation shall have a specific line or lines in the City budget, and its Director shall be responsible for supervising, managing, constructing, improving, and maintaining all City recreational facilities and cemeteries, including buildings and grounds thereon.

§ C-55 Department of Public Utilities.

Establishment. There shall be a Department of Public Utilities in the executive branch of City government. It shall include an Administrative Section, a Bureau of Water Purification and Pumping, a Bureau of Water Maintenance, and a Bureau of Sewer Maintenance.

Superintendent of Public Utilities. There shall be a Superintendent of the Department of Public Utilities who shall be the head of the department, and shall have supervision and control of the entities enumerated in Subsection A hereof. The Superintendent shall be appointed by, and serve at the pleasure of, the Mayor, subject to confirmation by the City Council. The Superintendent may appoint, with the approval of the Mayor, a Supervisor of Water Plant Operators, a Supervisor of Water, and a Supervisor of Sewers.

Supervisor of Water Plant Operations. There may be a Supervisor of Water Plant Operations who shall be the head of the Bureau of Purification and Pumping. The Supervisor shall be appointed by the Superintendent of Public Utilities, with the approval of the Mayor. The Supervisor shall be the First Deputy Superintendent of Public Utilities and, under the supervision and control of the Superintendent, shall have charge of the operation of the reservoir, water treatment plant, pumping stations and storage reservoirs in the City. The appointee shall have a degree in sanitary, chemical or civil engineering and a Grade 1A license issued by the New York State Department of Health for the operation of a water treatment facility, and shall have had at least five years of experience in the field of water treatment prior to appointment.

Supervisor of Water. There may be a Supervisor of Water who shall be head of the Bureau of Water Maintenance, to be appointed by the Superintendent of Public Utilities, with the approval of the Mayor. Under the supervision and control of the Superintendent, the appointee shall have charge of the maintenance of all the transmission, distribution and service pipelines and accessories in the City's public water system.

Supervisor of Sewers. There may be a Supervisor of Sewers who shall be head of the Bureau of Sewer Maintenance, appointed by the Superintendent of Public Utilities, with the approval of the Mayor. Under the supervision and control of the Superintendent, the appointee shall have charge of the maintenance of the sanitary sewers, storm sewers, sewer laterals and accessories of the City's sewer system.

Rules and regulations. The City Council shall establish by ordinance a code of rules and regulations for the Department of Public Utilities. Such rules and regulations shall establish the policies under which the Department is to be operated.

Water and sewer charges. The City Council shall establish by ordinance the water and sewer rates which are to be charged, and said ordinance shall be considered an amended part of the rules and regulations.

Contracts with outside communities or other governmental agencies. The City Council shall enact legislation when and if a contract is to be entered into with an outside community for the sale of water, acceptance of sewage, and maintenance and repairs. Said legislation shall stipulate all aspects of the contract.

New construction. The City Council, by the affirmative vote of a majority of all its members, may declare the construction of any water or sewer line to be a public improvement. If such construction is declared to be a public improvement, the cost and expense thereof shall be borne by the City. The Council, after a public hearing and by the affirmative vote of a majority of all its members, may declare the construction to be a local improvement, in which case the Council shall establish the proportion of the cost to be borne by the City at large, the proportion of the cost to be assessed against benefited property, and the boundaries of the area benefited by such improvements and assessable therefor. Said construction shall be either departmental work or may be placed out to contract upon decision of the Commissioner and approval or funding by the City Council.

§ C-56 Department of Planning and Economic Development.

Establishment. There shall be a Department of Planning and Economic Development in the City executive branch. It shall be responsible in a comprehensive and unified manner for planning, development, coordination and promotion of the physical, social and economic well-being of the City.

Commissioner of Planning and Community Development. There may be a Commissioner of Planning and Community Development who shall be the head of the department. In the absence of a Commissioner, the Deputy Mayor may perform the duties of such position. The Commissioner shall be appointed by the Mayor, subject to confirmation by the City Council, to serve at the pleasure of the Mayor, and shall hold at least a bachelor's degree in economics, urban planning or equivalent discipline from an accredited college or university and a minimum of three years of experience in city planning, community development or related fields.

Bureaus and organization of Department. The Commissioner may, with the approval of the Mayor, organize the Department into bureaus or other divisions.

Staff function. The Department shall serve as staff and adviser to the City Planning Commission, the Historic District Commission, the Zoning Board of Appeals, the Environmental Commission, their successor agencies or others as may be assigned by the Mayor or City Council.