[Amended 11-16-2004 by L.L. No. 37-2004, effective 11-22-2004]
There is hereby established in the Town of Brookhaven
a Department of Finance. The principal executive officer and administrative
head of such department shall be the Commissioner/Comptroller, who
shall be appointed by the Town Board for the term fixed by law at
such salary as may from time to time be fixed by said Town Board.
The Commissioner/Comptroller shall be appointed on the basis of his
administrative experience and qualifications for the duties of such
office and such additional standards as may be required by the Town
Board. The Commissioner/Comptroller shall be the head of the Department
with power and authority to appoint and remove officers and employees
under his jurisdiction in accordance with the Civil Service Law and
other applicable laws, except the appointment and removal of Deputy
Commissioners, who shall be appointed and removed by the Town Board.
The Town Board may appoint Deputy Commissioners, one of whom shall
generally act for and in behalf of the Commissioner at such salary
and for such term as may from time to time be fixed by the Town Board,
and who shall perform such duties as may be directed by the Commissioner
and as are vested in and imposed upon that office by the provisions
of this article, by statute or by other lawful authority. The Commissioner/Comptroller
shall have such powers as prescribed by law and as shall be necessary
for the proper administration of the Department consistent with applicable
provisions of law. Before entering upon the duties of his office,
both Commissioner/Comptroller and Deputy Commissioners shall execute
and file with the Town Clerk 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.
[Amended 6-19-2001 by L.L. No. 17-2001, effective 6-25-2001]
The Commissioner/Comptroller shall have such
powers as shall be necessary for the proper administration of the
Department consistent with applicable provisions of law. Until such
time as the same may be either amended or modified, the Department
shall be divided into the following divisions:
A. Division of Audit and Control.
B. Division of Grants.
[Added 12-8-2009 by L.L. No. 24-2009, effective 1-4-2010]
C. Division of Purchasing.
[Added 1-26-2023 by L.L.
No. 1-2023, effective 2-8-2023]
All 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.
The Commissioner/Comptroller shall perform such
other duties and functions as are prescribed to be performed by him
in any local law of the Town Board or lawful directive of the Supervisor.
However, the Commissioner/Comptroller may delegate any of his powers
to or direct any of his duties to be performed by a Deputy Commissioner
or other duly appointed assistant.
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.
[Added 2-5-2008 by L.L. No. 5-2008,
effective 2-11-2008; amended 2-9-2010 by L.L. No. 2-2010, effective 2-16-2010]
A. Notwithstanding any inconsistent provision of any
state or local law heretofore enacted, the Town Finance Commissioner/Comptroller
and the Deputy Finance Commissioner/Comptroller shall, at the time
of his or her appointment and throughout his or her term of office,
be an elector and resident of the County of Suffolk or the County
of Nassau.
B. This section is enacted pursuant to Municipal Home
Rule Law §§ 10(1)(ii)(a)(1) and 10(1)(ii)(d)(3), and
pursuant to § 10(1) of the Statute of Local Governments,
and is intended to supersede Town Law § 23(1) and Public
Officers Law § 3(1) and any other statute or local law relating
to the qualifications of the Town Finance Commissioner/Comptroller
and of the Deputy Finance Commissioner/Deputy Comptroller.