[HISTORY: Adopted by the Board of Trustees of the Village of East Hills as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-13-2007 by L.L. No. 6-2007]
Editor's Note: This local law also repealed former Art. I, Parks and Recreation Commission, adopted 8-3-2006 by L.L. No. 7-2006. Local Law Nos. 7-2006 and 6-2007 originally adopted this material as Ch. 275 of the Code. It was redesignated as Ch. 35, Art. I, to maintain the organizational style of the Code.
The Mayor shall appoint the members of the Parks and Recreation Commission. In case of a vacancy occurring or existing before the expiration of a term, such vacancy shall be filled by the same appointed or elected official until the end of the term filled. The Commission shall comprise five members.
Each Commissioner shall, before entering upon the duties of the office, take and subscribe the oath prescribed by the Constitution of the State of New York, which oath shall be filed in the office of the Village Clerk of the Village of East Hills. The Village Clerk shall call a meeting of the Parks and Recreation Commission to be held at his or her office in the Village within 10 days after their appointment for the purpose of organization. The Parks and Recreation Commissioners shall immediately proceed to organize. The Village Clerk shall act as the Clerk to the Parks and Recreation Commission. A majority of the Commissioners shall constitute a quorum for the transaction of business. The Village Attorney shall act as counsel. The Parks and Recreation Commission may employ experts and other assistants and incur such expenses as may be necessary within the amounts appropriated by the Board of Trustees.
The Parks and Recreation Commission shall keep a record of its proceedings, which together with its approved maps, adopted plans, documents and acts shall be a public record and be open to public inspection at such times and under such reasonable regulations as the Parks and Recreation Commissioners shall determine.
The Parks and Recreation Commission is empowered to recommend the hiring of officers and employees as it suggests be necessary to the Board of Trustees and to further suggest their duties and compensation. All final decisions will be made by the Board of Trustees.
The Parks and Recreation Commission is hereby authorized to recommend the number and nature of staff required for all parks and recreational facilities. The recommendation is made to the Board of Trustees, which shall make all final determinations. The Parks and Recreation Commission also may consider, investigate and recommend the acquisition, conversion and location of such additional real estate in the Village of East Hills as may be recommended to the Board of Trustees.
The Parks and Recreation Commission may appoint, along with other necessary and appropriate staff, the following positions:
The acquiring, improving and embellishment of parks under the jurisdiction of the Parks Commission and said Board of Trustees, or lands acquired as in this article provided, together with the maintenance thereof and all incidental proceedings in connection therewith for the purpose of carrying out the provisions of this article, are hereby declared to be for a Village purpose.
The Village of East Hills shall have the right to take in fee or otherwise by gift or devise lands or rights and interest therein for the purpose of this article, or to receive by gift, contribution or bequest money or other property to be used in acquiring or improving such park or parks, all of which gifts, devises or bequests shall be to and in the name of the Incorporated Village of East Hills, which is hereby authorized to accept the gifts and devises for any one or more of the purposes as in this article provided or to reject the offers. All moneys given or bequeathed shall, unless otherwise provided by the terms of the gift or bequest, be deposited with the Village Treasurer and be subject to the disposition of the Board of Trustees.
The Parks and Recreation Commission shall make no contract for the performance of any work or for the supplying of any material, or both. All contracts shall be approved by the Board of Trustees directly. However, the Commission shall propose any and all purchases that it requests be made for the best interests of the parks. The purchases are subject to the procurement policies established under local law. The Parks and Recreation Commission may appoint such committees from time to time as it may deem necessary, whether for fiscal evaluation and audit or otherwise to find, review, analyze, investigate and address issues.
The Parks and Recreation Commission shall meet at a time and place set by the Parks and Recreation Commission for its regular meeting, and such meeting shall be open to the public. A quorum shall consist of three members. The Chair of the Parks and Recreation Commission or any three members of the Parks and Recreation Commission may call a special meeting of the Parks and Recreation Commission. Notice of a special meeting shall be given, in writing, to all members at least 72 hours in advance of the special meeting. The Village Clerk shall be responsible for giving notice of all regular and special meetings of the Parks and Recreation Commission.
The Board of Trustees shall supervise, control and maintain the parks and recreational facilities, except as provided in this article.
The Mayor is vested with the right, in his or her full and absolute discretion, to invite guests to the Park at East Hills, whether residents or nonresidents, and without any charge whatsoever in repayment of past contributions to the Village of East Hills or in recognition of future work or efforts on and for the community.
The Board of Trustees shall, notwithstanding the provisions of any general or special law to the contrary, have the exclusive power to enforce the rules, regulations or ordinances governing the use of the park or parks as defined in this article, and to impose suspension or revocation of park privileges and other appropriate sanctions, including fines and punishment.
Improper conduct. Where any wrongdoing or violation of a rule, provision of law, practice or procedure has been alleged to have been violated, the Mayor shall have the right to immediately and peremptorily suspend the individual or individuals immediately and for a period of suspension not to exceed 60 days. During this time, the Mayor shall cause an inquiry conducted into the matter together with a formal investigation if deemed necessary. At any time during the 60 days, when sufficient information and evidence has been obtained and the matter is ready to be heard, the Mayor may call a meeting of the Board of Trustees. At the meeting, a determination shall be made on whether the privileges shall be suspended or revoked and, if so, for what length of time. Once determined by the Board of Trustees, the ruling shall become final and is not appealable within the Village of East Hills. Whenever necessary, the Board of Trustees shall have all the powers that exist, including the right to obtain subpoenas and otherwise to hire and retain experts in order to determine the outcome of any matter which is being heard.
Nonpayment. Whenever any funds are due for any reason whatsoever with regard to the Park at East Hills, including but not exclusively guest fees and replacement card fees, and the indebtedness exists for greater than 30 days after the date that a bill has been sent by ordinary mail, the Mayor shall have the right to suspend the privileges of all individuals who reside at the location where the indebtedness exists. This provision shall not impair or restrict the Incorporated Village of East Hills from any and all other remedies which are provided according to the laws. The suspension shall remain in effect until paid. Upon payment, together with any and all interest which is owed, the suspension shall be lifted within two working days for the first violation. The Mayor shall then determine whether any further credit shall be issued. It is within full and total discretion of the Mayor to determine whether the Incorporated Village of East Hills shall issue, at any time whatsoever, any further credit with regard to the Park at East Hills. The Mayor may decline all credit with regard to anyone who resides at the address where payments to the Incorporated Village of East Hills have become delinquent.
[Adopted 8-13-2007 by L.L. No. 6-2007]
Editor's Note: This local law also repealed former Art. II, Parks and Recreation Department, adopted 8-3-2006 by L.L. No. 7-2006. Local Law Nos. 7-2006 and 6-2007 originally adopted this material as Ch. 276 of the Code. It was redesignated as Ch. 35, Art. II, to maintain the organizational style of the Code.
The Village of East Hills deems it in the best interest of its residents to establish a Parks and Recreation Department to staff, run, manage and administer any and all parks and recreational facilities under the direction of the Parks and Recreation Commission. The Department shall be known as "the Parks and Recreation Department."
The Parks and Recreation Department shall operate and maintain all of the parks and recreation services and facilities assigned to its jurisdiction, from time to time, by the Parks and Recreation Commission or the Board of Trustees. The operation and maintenance shall be governed by the policies of the Parks and Recreation Commission and approved by the Board of Trustees.
The Parks and Recreation Commission shall establish the positions within the Parks and Recreation Department. The Parks and Recreation Commission shall approve and hire all employees to the positions within the Parks and Recreation Department. The staff may be comprised of the following positions: