[HISTORY: Adopted by the Town Board of the Town of Irondequoit 5-21-1991 as L.L. No. 5-1991. Amendments noted where applicable.]
This chapter shall be known as the "Town of Irondequoit Department of Public Works," pursuant to the provisions of the Suburban Town Law and Municipal Home Rule Law of New York State.
Editor's Note: See Article 3-A of the Town Law.
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- The Commissioner of Public Works/Superintendent of Highways as chief executive officer of the Department of Public Works and may be referred to by either title.
- The Town of Irondequoit Department of Public Works.
- DEPUTY COMMISSIONER OF PUBLIC WORKS
- The Deputy to the Commissioner of Public Works/Superintendent of Highways, a designated officer of the Department to aid and assist the Commissioner of Public Works/Superintendent of Highways in planning and coordinating projects and policies of the Department of Public Works.
There is hereby created the Office of the Commissioner of Public Works/Superintendent of Highways of the Town of Irondequoit, Monroe County, New York.
There is hereby created the Office of Deputy Commissioner of Public Works of the Town of Irondequoit, Monroe County, New York.
The Town Board may, from time to time, establish, consolidate or abolish any divisions, operating groups, bureaus or other service units in the Department and assign or transfer any powers, duties or functions of the Department to or form any division therein or to any other department and may reorganize, transfer or assign any officers or employees in each division from one to another. The Town Board may also appoint such additional assistants to the Commissioner as it may find necessary for efficient operation of said Department and prescribe the titles, powers and duties of each. Said assistants shall have the power to act generally for and in place of his or her principal, and the office of such assistants shall be in the exempt class of civil service system.
[Amended 7-18-1995 by L.L. No. 12-1995]
There shall be in the Town of Irondequoit a Department of Public Works. The chief executive officer and administrative head of such department shall be the Commissioner of Public Works/Superintendent of Highways, who shall be appointed by the Town Board and who shall hold office until the first day of January next succeeding the first biannual town election, held after his or her appointment, and, thereafter, shall hold office for the term of two years and until his or her successor shall have qualified; provided, however, that the appointee to such office shall be removable at the pleasure of the Town Board unless otherwise provided by local law, at such salary as may from time to time be fixed by said Town Board. The Commissioner of Public Works/Superintendent of Highways shall be appointed on the basis of his or her administrative experience and qualifications for the duties of such office and such additional standards as may be required by the Town Board and shall be in the unclassified service of the civil service system.
The Commissioner shall have charge of and be responsible for the general administration of department matters, including office management; budget coordination and purchasing control; cost studies and analysis; maintenance and landscaping of town highways; refuse collection and disposal; yard debris collection and disposal; maintenance of the Town Hall, Public Safety Building and town libraries; and such other matters as listed below or as may, from time to time, be assigned by the Town Board. The Commissioner shall also:
Ascertain that all town ordinances and town and state codes, rules or regulations that pertain to the Public Works Department are complied with and implemented where necessary.
Establish and maintain close liaison and cooperation with the State and County Departments of Public Works.
Formulate programs for the various special districts, storm sewers, sanitary sewers, etc., that will efficiently meet the needs of the people in the special district.
See that all town equipment and facilities are adequately maintained.
Review specifications for supplies, new equipment and repairs before the specifications are submitted for competitive bidding.
Tabulate and account for all public works expenditures and compare with the budget; submit a monthly report to the Town Supervisor.
Periodically inspect all town facilities and report to the Town Board any findings that require action.
Ensure that all public works projects under contract to private individuals and projects being performed by town personnel are adequately inspected.
Answer questions, investigate complaints and process suggestions relating to the public works, received either directly from the public or assigned by the Supervisor, and report to the Supervisor as to how the matter was disposed of and monthly supply the Town Board a tabulation of complaints by category.
Establish a six-year capital expenditures program for each department within the public works organization and submit it annually to the Town Supervisor when directed.
Submit to the Town Supervisor annually, when directed, an operating budget for the Department and each special district for the ensuing calendar year.
Recommend to the Town Board any new ordinances or revisions to existing ones that will improve the operation or efficiency of the Public Works Department or in any way favorably affect the general welfare of the town and its residents.
Administer town personnel policies affecting Department of Public Works employees and write job classifications and rate employee's performance and implementation of task assignment by functions to a specific department or section.
Establish personnel training procedures and ensure that there will be manpower available and trained when vacancies occur or during an absence.
Maintain an inventory of all town equipment by department.
Establish procedures for determining the operating and maintenance costs on all major equipment items and make economic comparisons when requested by the Supervisor or the Town Board.
The Deputy to the Commissioner of Public Works shall assist the Commissioner in planning, directing and administering the Department of Public Works and such other related duties as may be assigned to him or her by the Commissioner or the Town Board.
In the event that the Commissioner of Public Works/Superintendent of Highways 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 part of his or her term of office, the duties and power of a Town Engineer; provided, however, that the Town Board may at any time revoke such delegation of duties and powers.
The secretary to the Commissioner shall be a management, confidential employee and shall be in the exempt class of the civil service system.
All employees of the Department of Public Works shall be appointed by the Town Board and shall hold the position to which appointed at the pleasure of the Town Board; 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/Superintendent of Highways. Notwithstanding the foregoing, the Commissioner may be subject to the limitations contained in § 140, General powers and duties of town superintendent, of the New York State Highway Law, as amended or changed, and may appoint within the budgetary appropriations therefor such persons as may be necessary for maintenance of town highways, bridges and removal of obstructions caused by snow, but, § 56-23 of this chapter notwithstanding, such employees shall not be transferred by the Commissioner to any other division or office of the Department unless their appointment has been confirmed by the Town Supervisor.
Before entering upon the duties of their respective office, the Commissioner of Public Works/Superintendent of Highways and the Deputy to the Commissioner of Public Works shall execute and file an official undertaking, if the same is required by the Town Board, in such sum as prescribed by the Town Board and in such form as approved by the Town Attorney.
Generally. The Commissioner shall supervise and direct the activities of the Deputy to the Commissioner, the Town Engineer and the maintenance staff. This supervision shall primarily take the form of coordination and effecting and implementing the policies of the Town Board. Upon resolution of the Town Board, he or she may also assume all duties and responsibilities of the Highway Superintendent.
[Amended 7-18-1995 by L.L. No. 12-1995]
The Commissioner of Public Works/Superintendent of Highways shall have charge of and be responsible for the supervision, construction, repair, maintenance and cleaning of all highways, streets, culverts, bridges, parking facilities, stormwater drainage systems under the jurisdiction of the town, streetlighting, trees within the highway right-of-way, sanitary sewers, sanitary pumping stations, sanitary force mains, town treatment plants and other facilities for the collection, conveyance and disposal of all wastewater within and operated by the town and the Consolidated Sanitary Sewer District within the town, the Town Hall, Public Safety Building, Operations Center and town libraries and other duties as may be assigned to the Commissioner of Public Works/Superintendent of Highways by the Town Board or the Supervisor.
[Amended 7-18-1995 by L.L. No. 12-1995]
Other powers and duties.
The Commissioner 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.
Furthermore, the Commissioner is hereby authorized and empowered, subject to the prior approval of the Town Board, to retain and employ private engineers, architects and consultants or firms practicing such profession for the purpose of:
Preparing designs, plans and estimates of structures or projects of any type and character;
Rendering assistance and advice in connection with any project, whether defined or proposed and under the supervision of the Department of Public Works; and
Performing such other and necessary services as the Commissioner may deem necessary in the administration of the Department.
The Commissioner of Public Works shall have the authority, pursuant to Article 150 of the Criminal Procedure Law, as amended or changed, and Municipal Home Rule Law § 10, Subdivision 4(a), as amended or changed, to issue an appearance ticket subscribed by him or her directing a designated person to appear in a designated local criminal court in connection with his or her alleged commission of a designated offense of any ordinance, local law or provision of this Municipal Code that the Commissioner of Public Works/Superintendent of Highways is required to authorize to enforce.
All the costs and expenses incurred by the Department or its officers or employees on behalf of a special improvement 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, as amended or changed, or any other powers which may be lawfully exercised by said Supervisor.