[Adopted 1-9-2018 by L.L.
No. 1-2018]
This article shall be known as "Town of Oyster Bay Office of
the Inspector General."
A.
Whenever used in this article, words used in the singular include
the plural and vice versa.
B.
All words used in the present tense include the past and the future
tense. Words used in the masculine gender include the feminine and
neuter, and vice versa, unless the natural construction of the wording
indicates otherwise.
C.
DEPARTMENT
DEPUTY INSPECTOR GENERAL
INSPECTOR GENERAL
As used in this article, the following terms shall have the meanings
indicated:
The Town of Oyster Bay Office of the Inspector General, which
shall perform a major function of Town government.
The Deputy Inspector General of the Town of Oyster Bay Office
of the Inspector General, who shall generally act for and in place
of the Inspector General.
The Inspector General shall be the chief executive officer
of the Department.
A.
There shall be in the Town of Oyster Bay a department entitled "Office
of the Inspector General." The principal executive officer and administrative
head of said department shall be the Inspector General, who shall
be appointed by the Town Board for a term of three consecutive years,
at such salary as may from time to time be fixed by the Town Board.
B.
The Inspector General shall be appointed on the basis of his or her
administrative experience and qualifications for the duties of such
office as set forth in the job specification approved by the Nassau
County Civil Service Commission and such additional standards as may
be required by the Town Board.
C.
The Inspector General shall be the head of the department, with power
and authority to appoint and remove officers and employees under his
or her jurisdiction in accordance with Civil Service Law and other
applicable laws.
The Inspector General is empowered herein to recommend to the
Town Board the appointment of one deputy, who shall generally act
for and in his or her 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 and as set forth
in the job specification approved by the Nassau County Civil Service
Commission and whose term shall run concurrent with that of the Inspector
General.
Before entering upon the duties of the office, the Inspector
General shall execute and file an official undertaking, if the same
shall 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 Inspector General shall
have charge of the administration of the department.
A.
The Inspector General shall be responsible for overseeing all aspects
of the Town's contracting processes.
B.
The Inspector General shall have power:
(1)
To hire such assistants within the limits of the appropriation made
by the Town Board as he or she deems necessary for the performance
of his or her duties in accordance with the Nassau County Civil Service
Commission;
(2)
To examine the records of every Town department, subject to privilege,
review the contracting methods and activities of each department and
office of the Town as he or she may deem to be in the best interest
of the Town and report to the Supervisor and Town Board, and to the
Board of Ethics, if applicable, the findings thereon;
(3)
To standardize the Town's purchasing and contract administration;
to review the Town's procurement policy and surplus policy and to
suggest any revisions or amendments thereto; and to review all requests
for proposals and bid offerings before same are issued.
(4)
To monitor compliance with all applicable procurement guidelines,
policies, and requirements of federal, state and local laws, including
the Code of the Town of Oyster Bay and resolutions adopted by the
Town Board;
(5)
To conduct such investigations as he or she deems necessary related
to the Town's contracting processes. In conducting investigations,
the Inspector General may administer oaths or affirmations and require
the production of books or records that he or she deems relevant and
material. (Nothing in this section shall be construed to permit the
Inspector General to conduct an investigation of himself or herself
or of any of his or her staff. If the Inspector General receives a
complaint alleging that the Inspector General or any of his or her
staff has violated any provision of law, the Inspector General shall
promptly transmit to the Board of Ethics a copy of the complaint.)
In his or her discretion, after an investigation providing for due
process procedural mechanisms and subject to any applicable provisions
of law and collective bargaining agreements, the Inspector General
may recommend that the Town Board take the following actions:
(a)
Disciplinary action.
(b)
Refer the matter to the Town Board of Ethics for consideration.
(c)
That the Town, after consultation with the Town Attorney, initiate
an action in the Supreme Court of the State of New York to obtain
monetary damages.
(d)
That the Town, after consultation with the Town Attorney, initiate
an action or special proceeding, as appropriate, in the Supreme Court
of the State of New York for injunctive relief to enjoin a violation
of this Code or to compel compliance with this Code.
The Inspector General shall be empowered to perform such other
duties and functions that are prescribed to be performed by him or
her in any law, ordinance or resolution of the Town Board or lawful
directive of the Supervisor. The Inspector General may delegate his
or her authority to or direct any of his or her duties to be performed
to a Deputy Inspector General.
All costs and expenses incurred by the department or its officers
or employees on behalf of a special 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.
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.
The Inspector General may establish, subject to Town Board approval,
a schedule of fees to be collected for any services rendered in connection
with the work of this department and for which he or she deems it
necessary to charge and to collect a fee.
