[HISTORY: Adopted by the Town Board of the Town of East Greenbush 12-1-1971 by L.L. No. 3-1971 (Ch. 10 of the 1991 Code). Amendments noted where applicable.]
As used in this chapter, the terms used herein are defined as follows:
COMMISSIONER OF PUBLIC WORKS
Commissioner of Public Works of the Town of East Greenbush, Rensselaer County, New York.
DEPARTMENT OF PUBLIC WORKS
Department of Public Works of the Town of East Greenbush, Rensselaer County, New York.
DEPUTY COMMISSIONER OF PUBLIC WORKS
Deputy Commissioner of Public Works of the Town of East Greenbush, Rensselaer County, New York, and shall include the Deputy Commissioner of Public Works of the Town of East Greenbush, Rensselaer County, New York, for Highways; the Deputy Commissioner of Public Works of the Town of East Greenbush, Rensselaer County, New York, for Parks; and the Deputy Commissioner of Public Works of the Town of East Greenbush, Rensselaer County, New York, for Water and Sewer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
DEPUTY COMMISSIONER OF PUBLIC WORKS FOR HIGHWAYS
Deputy Commissioner of Public Works of the Town of East Greenbush, Rensselaer County, New York, for Highways.
DEPUTY COMMISSIONER OF PUBLIC WORKS FOR PARKS
Deputy Commissioner of Public Works of the Town of East Greenbush, Rensselaer County, New York for Parks.
DEPUTY COMMISSIONER OF PUBLIC WORKS FOR WATER AND SEWER
Deputy Commissioner of Public Works of the Town of East Greenbush, Rensselaer County, New York, for Water and Sewer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
TOWN
Town of East Greenbush, Rensselaer County, New York.
TOWN BOARD
Town Board of the Town of East Greenbush, Rensselaer County, New York.
TOWN CLERK
Town Clerk of the Town of East Greenbush, Rensselaer County, New York.
TOWN SUPERVISOR
Town Supervisor of the Town of East Greenbush, Rensselaer County, New York.
There is hereby created and established the Department of Public Works of the Town of East Greenbush, Rensselaer County, New York, hereinafter referred to as the "Department of Public Works," as a separate department of government of the Town.
The Department of Public Works shall be responsible for the construction, repair, maintenance and cleaning of all Town highways, Town roads, Town streets, Town bridges and Town parking facilities, and the removal of snow therefrom; the construction, repair, maintenance and cleaning of all Town buildings and facilities, and the buildings and facilities of every improvement district or other district or agency thereof; the installation and maintenance of traffic signals, other traffic control devices and street signs on all Town highways, Town roads, Town streets, Town bridges and Town parking facilities; the construction, repair, maintenance and cleaning of storm drainage systems under the jurisdiction of the Town or any improvement district or other district or agency thereof; the construction, repair, maintenance and cleaning of sanitary sewers owned, or under the sole jurisdiction of, the Town or any improvement district or other district or agency thereof; the operation, repair and maintenance of any sewage treatment plant owned by, or under the sole jurisdiction of, the Town or any improvement district or other district or agency thereof; the construction, maintenance and operation of such other sanitation facilities to the extent the same be delegated to the Department of Public Works by the Town Board; the construction, operation, repair and maintenance of water pumping facilities, water treatment plants and water distribution systems owned by, or under the sole jurisdiction of, the Town or any improvement district or other district or agency thereof; the billing of consumers for use of water and/or sewer services supplied by the Town or by any improvement district or other district or agency thereof; the operation and maintenance of park and other recreation facilities owned by, or under the sole jurisdiction of, the Town or any district or agency thereof; and such other work and/or services as the Town Board may lawfully direct. Notwithstanding the foregoing, this chapter shall not prohibit the Town Board from providing for construction of any public building, street, highway, road or other facility by public contract. In addition, the Department of Public Works shall provide all services required or desirable in order to enable the Commissioner of Public Works to fulfill any duty or responsibility imposed upon such official, whether or not in his capacity as Town Commissioner of Public Works for Highways, by this chapter or by any other local law, ordinance or regulation of the Town, or by any lawful directive of the Town Board or by any statute of the State of New York.
A. 
The Commissioner of Public Works shall hold office as such during his term of office until his successor has been appointed and qualified, unless sooner removed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Notwithstanding any other law, the Commissioner of Public Works shall be a resident of the County of Rensselaer, Albany, Washington or Columbia at the time of his or her appointment, and during his or her appointment, and during his or her term of office.
[Added 8-17-2016 by L.L. No. 2-2016]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Commissioner of Public Works shall be the principal executive officer and the administrative head of the Department of Public Works. The Commissioner of Public Works shall have all the powers and duties of a Town Superintendent of Highways as specified by New York State Highway Law. The Commissioner of Public Works shall file with the Town Clerk each month a monthly report of the activities of the Department of Public Works, and such report shall contain a budget analysis; the Commissioner of Public Works shall supply each member of the Town Board with a copy of each such report. In the event that the Commissioner of Public Works is a professional engineer duly licensed by the State of New York as such, then the Town Board may, by resolution, confer upon such Commissioner, for all or any part of his term of office, the duties and powers of the Town Engineer; provided, however, that the Town Board may at any time revoke such delegation of duties and powers.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The salary of the Commissioner of Public Works shall be fixed annually by the Town Board, shall be paid out of the general funds of the Town, and shall not be a charge, in whole or in part, upon any item of the Highway Fund nor on any improvement or benefit district of the Town. Commissioner's salary may be shown in any budget or notice relating to such budget under the classification of Town Commissioner of Public Works.
A. 
There shall be within the Department of Public Works, and there is hereby created in the Department of Public Works, the following divisions:
(1) 
Highway Division.
(2) 
Sewer Division.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
Water Division.
(4) 
Park Division.
B. 
There shall be within the Department of Public Works and there is hereby created in the Department of Public Works the Office of Administration.
C. 
The Office of Administration shall be under the direct supervision of the Commissioner of Public Works. The function of said office shall be the general administration of the Department of Public Works and intradepartmental matters, including maintenance of personnel records and maintenance of departmental accounting records, including budget control and analysis. Said office shall be responsible for overall direction and coordination of divisional activities. The expense of said office shall be a Town charge to be paid out of general funds of the Town appropriated for the Department of Public Works and shall not be a charge, in whole or in part, upon any item of the Highway Fund nor upon any improvement or benefit district of the Town. Said office shall provide all clerical and billing services for the Department of Public Works.
D. 
The Highway Division shall be responsible for the construction, repairs, maintenance and cleaning of all Town highways, Town roads, Town streets, Town bridges and Town parking facilities and the removal of snow therefrom; the construction, repair, maintenance and cleaning of storm drainage systems under the jurisdiction or the Town or any improvement district or other district or agency thereof; such other services as may be directed by the Town Board to be performed by the Department of Public Works and assigned to the Highway Division by the Commissioner of Public Works; and all services required by statute to be performed by Town highway departments when such a department exists. This chapter shall not prohibit the Town Board from providing for construction of any public building, street, highway, road or other facility by public contract or for the providing of other services, goods or construction by public contract.
E. 
The Sewer Division shall be responsible for the construction, repair, maintenance and cleaning of sanitary sewers owned, or under the sole jurisdiction of, the Town or any improvement district or other district thereof; the operation, repair and maintenance of any sewer treatment plant owned by, or under the sole jurisdiction of, the Town or any improvement or other district or agency thereof; the construction, maintenance and operation of other public sanitation facilities to the extent the same be delegated to the Department of Public Works by the Town Board; and such other services as may be directed by the Town Board to be performed by the Department of Public Works and assigned to the Sewer Division by the Commissioner of Public Works. This chapter shall not prohibit the Town Board from contracting with any person, firm, corporation or other entity for the providing of any of such services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F. 
The Water Division shall be responsible for the construction, operation, repair and maintenance of water pumping facilities, water treatment plants and water distribution systems owned by, or under the sole jurisdiction of, the Town or any improvement district or other district or agency thereof. In addition, the Water Division shall be responsible for such other services as may be directed by the Town Board to be performed by the Department of Public Works and assigned to the Water Division by the Commissioner of Public Works. This chapter shall not prohibit the Town Board from contracting with any person, firm, corporation or other entity for the providing of any such services.
G. 
The Park Division shall be responsible for the operation and maintenance of park and other recreational facilities owned by, or under the sole jurisdiction of, the Town or any district or agency thereof, as well as for such other services as may be directed by the Town Board to be performed by the Department of Public Works and assigned to the Park Division by the Commissioner of Public Works. This chapter shall not prohibit the Town Board from contracting with any person, firm, corporation or other entity for the providing of any such services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
There is hereby created in the Department of Public Works the office of Deputy Commissioner of Public Works for Highways of the Town of East Greenbush, Rensselaer County, New York, for Highways.
B. 
There is hereby created in the Department of Public Works the office of Deputy Commissioner of Public Works for Water and Sewer of the Town of East Greenbush, Rensselaer County, New York, for Water and Sewer.
C. 
There is hereby created in the Department of Public Works the office of Deputy Commissioner of Public Works for Parks of the Town of East Greenbush, Rensselaer County, New York, for Parks.
D. 
The Deputy Commissioner of Public Works of the Town of East Greenbush, Rensselaer County, New York, for Highways, the Deputy Commissioner of Public Works of the Town of East Greenbush, Rensselaer County, New York, for Water and Sewer, and the Deputy Commissioner of Public Works of the Town of East Greenbush, Rensselaer County, New York, for parks shall each be a Deputy Commissioner of Public Works of the Town of East Greenbush, Rensselaer County, New York, and may be referred to as such.
The Town Board shall appoint each Deputy Commissioner of Public Works. The term of office of each Deputy Commissioner of Public Works shall expire at 12:00 midnight on the 31st day of December next succeeding the biannual Town election following the appointment of such Deputy Commissioner. Each Deputy Commissioner shall serve as such until the expiration of his term as such and until his successor has been appointed and qualified unless sooner removed from office. Anything herein to the contrary notwithstanding, each Deputy Commissioner of Public Works shall be removable at the pleasure of the Town Board. Each Deputy Commissioner of Public Works shall be in the exempt class of the civil service. A vacancy in the office of Deputy Commissioner of Public Works occurring other than by the expiration of term of office shall be filled only for the remainder of the unexpired term, provided that a Deputy Commissioner of Public Works appointed to fill such a vacancy shall serve as such until the expiration of such term and until his successor has been appointed and qualified unless sooner removed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Deputy Commissioner of Public Works for Highways shall be the administrative supervisor of the Highway Division subject to the supervision, direction and control of the Commissioner of Public Works. In the event of the absence or disability of the Commissioner of Public Works, or in the event of a vacancy in the office of the Commissioner of Public Works, the Deputy Commissioner of Public Works for Highways shall be the Acting Commissioner of Public Works and shall have all of the authority and duties of Acting Commissioner, except that he shall not have any of the authority and duties of Town Engineer except as specifically conferred upon him by resolution of the Town Board. In the event of the absence or disability of the Deputy Commissioner of Public Works for Water and Sewer, or in the event of a vacancy in the office of Deputy Commissioner of Public Works for Water and Sewer, the Deputy Commissioner of Public Works for Highways shall be the Acting Deputy Commissioner of Public Works for Water and Sewer. In the event of the absence or disability of the Deputy Commissioner of Public Works for Parks, or in the event of a vacancy in the office of Deputy Commissioner of Public Works for Parks, the Deputy Commissioner of Public Works for Highways shall be the Acting Deputy Commissioner of Public Works for Parks.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Deputy Commissioner of Public Works for Water and Sewer shall be the administrative supervisor of the Water Division and of the Sewer Division subject to the supervision, direction and control of the Commissioner of Public Works. In the event of the absence or disability of the Deputy Commissioner of Public Works for Highways, or in the event of a vacancy in the office of Deputy Commissioner of Public Works for Highways, the Deputy Commissioner of Public Works for Water and Sewer shall be the Acting Deputy Commissioner of Public Works for Highways and shall have all of the authority and duties of the Deputy Commissioner of Public Works for Highways.
[Amended 3-2-1977 by L.L. No. 1-1977[1]]
All employees of the Department of Public Works shall be appointed by the Commissioner of Public Works, subject to the approval of the Town Board, and shall hold the position to which appointed at the pleasure of the Commissioner of Public Works; provided, however, that any employee in the classified civil service may be removed only for cause. "Employee," as used in this section of this chapter, shall not include the Commissioner of Public Works nor any Deputy Commissioner of Public Works. Notwithstanding the foregoing, § 40-16 of this chapter shall pertain to the transfer of employees to any other division or office of the Department.
[1]
Editor's Note: This local law takes effect 3-15-1977.
Except as limited by § 40-15 of this chapter, the Commissioner of Public Works may transfer any employee of the Department of Public Works from one division or office thereof to another division or office thereof, and such transfer may be on either a temporary or a permanent basis; provided, however, that the salary of any employee so transferred shall not be reduced by reason of such transfer, and further provided that the salary of no employee so transferred shall be increased by reason of such transfer unless such salary increase is approved in advance by the Town Board, provided that, in an emergency designated as such by the Town Supervisor, the salary of an employee of the Department of Public Works transferred to a classification with a higher pay scale may be paid on the basis of such higher pay scale for a period of not to exceed three days in any one month without the approval of the Town Board. For the purposes of this section of this chapter, "Town Supervisor" shall include the Deputy Town Supervisor of the Town. "Employee," as used in this section, shall not include the Commissioner of Public Works nor any Deputy Commissioner of Public Works.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Except as in this chapter expressly provided, this chapter shall not in any manner change the present provisions of law in effect in the Town, by reason of any provisions of any state statute, or otherwise, relating to the parcels of real property presently responsible for the payment of highway items Nos. 1, 2, 3 and 4, and these items shall continue to be charged in the same manner as if this chapter had not been adopted. There shall be no change in the payment of real property taxes for maintenance, operation and capital cost of any improvement district or other district of the Town. Except as herein expressly provided, all of the charges for the foregoing shall continue to be assessed in the same manner as if this chapter had not been adopted, and the bookkeeping procedures of the Department of Public Works, and in the office of the Town Supervisor, shall be adjusted to accommodate the provisions for tax payments for such items in the same manner as if all of the items were being performed by individual departments, districts or agencies of the Town. Except as otherwise specifically provided in this chapter, all costs and expenses lawfully incurred by the Department of Public Works on behalf of any special district or improvement or other district or agency of the Town or on behalf of any 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. The salary of the Deputy Commissioner of Public Works for Highways shall be charged to the general funds of the Town and not to the Highway Fund. The salary of the Deputy Commissioner of Public Works for Water and Sewer shall be charged to the various water and sewer districts of the Town in such proportions as the Town Board may determine to be equitable to each such district. The salary of the Deputy Commissioner of Public Works for parks shall be charged to the general funds of the Town.
All property, equipment and budgetary appropriations of, or for, the Highway Department of the Town are hereby transferred to the Department of Public Works. The employees of said Highway Department shall be continued as employees of the Department of Public Works with the same classification, salary, benefits, pensions and retirement rights and privileges as they had immediately prior to such transfer; provided, however, that nothing herein contained shall be construed to deprive the Town Board of any power it now has, or may under this chapter, or otherwise, have, with respect to the hiring, firing, disciplining and fixing salaries of such employees. The employees of every water and sewer district of the Town, as well as any other employees of the Town, other than employees of the Highway Department of the Town, performing functions which are hereby transferred to the Department of Public Works, shall be continued as employees of the Department of Public Works with the same classification, salary, benefits, pensions and retirement rights and privileges as they had immediately prior to such transfer; provided, however, that nothing herein contained shall be construed to deprive the Town Board of any power it now has with respect to the hiring, firing, disciplining and fixing salaries of such employees. Anything herein to the contrary notwithstanding, the office of General Water Administrator is abolished. The Town Commissioner of Public Works shall now be considered an employee of the Highway Department of the Town for the purposes of this section of this chapter.
Nothing herein contained shall be construed to delegate or transfer any power of the Town Board contained in §§ 51, 64, 12, 14 and 15 of the New York State Town Law or provided for by the New York State Municipal Home Rule Law or other powers which may be lawfully exercised by said Board. The Town Board shall have the absolute right of appointment of all employees of the Department of Public Works except as in this chapter specifically otherwise provided and, except as in this chapter specifically provided, all employees of the Department of Public Works shall serve at the pleasure of the Town Board. Notwithstanding the foregoing, the Commissioner of Public Works shall have the right to suspend, with pay, any employee, other than a Deputy Commissioner, for a period of not more than two weeks for cause and shall report any such suspension to the Town Board within three days of such suspension with his recommendations to the Town Board as to disciplinary action.
Nothing herein contained shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52 or 119 of the New York State Town Law or any other powers which may be lawfully exercised by said Supervisor.
Before entering upon the duties of his office, the Commissioner of Public Works shall take and file with the Town Clerk an oath of office. Each Deputy Commissioner of Public Works shall, before entering upon the duties of his office, take and file with the Town Clerk an oath of office. The Town Board may require the Commissioner of Public Works to file a bond for the faithful performance of his duties and may require any Deputy Commissioner of Public Works to file such a bond.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect the remainder of this chapter, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this chapter directly involved in the controversy in which such judgement shall have been rendered.
This chapter shall be entitled "A Local Law of the Town of East Greenbush, Rensselaer County, New York, Establishing and Providing for a Department of Public Works of the Town of East Greenbush, Rensselaer County, New York." This chapter may be cited accordingly. This chapter may also be cited as a local law of the Town of East Greenbush, Rensselaer County, New York, by year and number of passage.