[HISTORY: Adopted by the Town Board of the Town of Harrison 4-5-1989 as L.L. No. 2-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Salaries and compensation — See Ch. 71.
It is the legislative intent of the Town Board to eliminate the elected position of the Superintendent of Highways of the Town of Harrison and to eliminate the appointed position of Commissioner of Maintenance, Utilities and Improvements. Both positions and departments are to be consolidated into one Department of Public Works in an effort to foster a more orderly operation, function and responsibility of both departments under one central Commissioner.
The elected position of Superintendent of Highways and the appointed position of Commissioner of Maintenance, Utilities and Improvements are hereby eliminated.
There is hereby established for the Town of Harrison and the Village of Harrison a Department of Public Works.
There is hereby transferred to the Department of Public Works the functions and responsibilities of the Town Highway Department and the Town of Harrison and Village of Harrison Maintenance, Utilities and Improvements Department now existing. Public improvements which may hereafter be created or may come under the jurisdiction of the Town Board are also to be administered by the Department of Public Works.
All other functions and duties of the Department of Public Works as may be prescribed by law or which the Town Board may determine and which are not inconsistent with law are or shall become functions of the Department of Public Works at the request of the Town Board.
All costs and expenses incurred by the Department of Public Works or its officers, agents and employees on behalf of a special improvement district shall be charged against such district and paid from funds duly appropriated for the purposes of such district.
There is hereby created the office of Commissioner of Public Works in the Town of Harrison.
[Amended 5-16-1990 by L.L. No. 4-1990]
A. 
The Commissioner of Public Works shall have supervision of and direction over the operation and maintenance of the functions of the Department of Public Works.
B. 
The Department shall be divided into the following Divisions, under the control and direction of the Commissioner, as follows:
(1) 
The Division of Highways and Streetlighting, which shall maintain, repair and service all highways and perform all of the functions now performed by the Highway Department and shall also maintain and install streetlighting equipment for the Town of Harrison and the Village of Harrison, except lighting in new subdivisions before dedication and on private streets.
(2) 
The Division of Sanitation, which shall collect and dispose of garbage and refuse.
(3) 
The Division of Equipment Maintenance, which shall maintain and repair all mechanical equipment owned and operated by all agencies of the Town of Harrison and the Village of Harrison.
(4) 
The Division of Parks and Building Maintenance, which shall provide the maintenance of all park facilities in the Town of Harrison and the Village of Harrison and shall also provide general maintenance and rehabilitation of all buildings owned or leased by the Town of Harrison and the Village of Harrison.
A. 
The powers and duties of the Divisions of the Department shall be under the control of the Commissioner.
B. 
The Commissioner, acting by and through any of these Divisions, shall be empowered to perform such other duties and functions that are required to be performed by him pursuant to any law, ordinance or resolution.
The principal executive and administrative head of the Department shall be the Commissioner, who shall be appointed by the Town Board for a term of two years and at such salary as may, from time to time, be fixed by the Town Board.
There shall be a Deputy Commissioner who shall have such powers and duties as are prescribed by the Commissioner and who shall generally act for and in place of the Commissioner.
The Commissioner of Public Works shall be responsible to the Supervisor and the Town Board.
Any transfer of employees into the Department of Public Works shall not affect their status under the Civil Service Law.
The employees of the Town Highway Department and of the Town of Harrison and the Village of Harrison Department of Maintenance, Utilities and Improvements shall continue as employees in the Department of Public Works with the same classification, pensions, retirement rights and privileges as they had prior to such transfer; provided, however, that nothing herein contained shall deprive the Town Board of any power it now has with respect to such employees.
The Commissioner of Public Works shall, in accordance with all applicable laws, have the authority to appoint all employees of the Department, subject to the approval of the Town Board, and shall have the power to remove employees for cause, subject to the approval of the Town Board. All authority and responsibility granted by this § 66-15 of this chapter shall be exercised in accordance with the applicable provisions and limitations of regulations enacted by the Town Board of the Town of Harrison, the Village Board of the Village of Harrison, the Civil Service Law and all other laws, including town and village laws and collective bargaining agreements.
The Commissioner of Public Works shall report periodically to the Supervisor or Town Board members appointed by the Supervisor concerning the operation, financial condition and financial needs of the Department and shall assist the Supervisor in the preparation of capital programs and budgets.
Except as specifically provided herein, this chapter shall not be construed as delegating or transferring to the Commissioner any power of the Supervisor or the Town Board given by §§ 29, 61, 64 and 125 and Articles 12, 14 and 15 of the Town Law of the State of New York.
Except as specifically provided herein, this chapter shall not be construed as delegating or transferring to the Commissioner any power of the Mayor or the Village Board given by §§ 4-400 and 4-412 of the Village Law of the State of New York.
This chapter shall be in force in both the Town of Harrison and the Village of Harrison and may be administered and enforced by either the town employees or village employees pursuant to § 17-1735 of the Village Law.
A. 
If any section, subsection or sentence of this chapter is for any reason held invalid, it shall not affect the validity of the remaining portions of this chapter.
B. 
All existing local laws or ordinances of the town, the duties of heads of departments shall remain in full force and effect insofar as they conflict with the provisions of this chapter, in which case the provisions of this chapter shall prevail.
C. 
All ordinances or parts of ordinances, all local laws or parts of local laws, all resolutions or parts of resolutions, all rules and parts of rules and all regulations or parts of regulations heretofore adopted or passed by the Town Board or Village Board of the Town/Village of Harrison conflicting or inconsistent with this chapter or any part thereof are hereby annulled or repealed.
Such Commissioner shall, from and after the effective date of this chapter, by virtue thereof, also hold the position of Village Commissioner, it being the intention of this chapter that only one person shall serve in the dual capacity of both Town Commissioner and Village Commissioner, with one salary being paid for both positions.
This chapter shall be subject to a mandatory referendum, and shall not become effective unless and until it shall have been approved by a majority of the qualified electors of the Town of Harrison voting on a proposition therefor submitted at a general or special election held within the Town of Harrison.[1]
[1]
Editor's Note: L.L. No. 2-1989 was passed at public referendum 6-5-1989.
This chapter shall take effect on January 1, 1990, as provided by law, only if approved by the qualified electors voting upon the proposition and the subsequent filing with the Secretary of State of the State of New York.