A.
Title. This article shall be known as the "Town of
Brookhaven Department of Finance Law."
B.
Definitions and word usage.
(1)
Word usage. Whenever used in this article, words used
in the singular include the plural and vice versa.
(2)
COMMISSIONER/COMPTROLLER
DEPARTMENT
DEPUTY COMMISSIONERS
Definitions. As used in this article, the following
terms shall have the meanings indicated:
The head of the Department of Finance.
The Town of Brookhaven Department of Finance, which shall
perform a major function of Town government.
The Deputy Commissioners of the Department, one of whom shall
act generally for and in place of the Commissioner.
[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.
The functions, powers and duties of such divisions
herein shall be under the administration, direction and control of
the Commissioner/Comptroller, and each of said divisions shall be
supervised by an individual designated by the Commissioner/Comptroller.
B.
The Commissioner/Comptroller may, with the approval
of the Town Board after a public hearing, establish, consolidate or
abolish any divisions in said Department. In addition, he may establish,
consolidate or abolish any bureau or subdivision now existing or hereafter
created in any such division. The provisions of any local law to the
contrary notwithstanding, the functions, powers and duties of such
divisions shall be as follows:
(1)
Division of Audit and Control. This Division administers,
manages, supervises and implements all necessary and related procedures
for the auditing and verification of all charges, claims, demands
and accounts against the Town; audits the operations, accounts and
fiscal affairs of every department of the Town pursuant to prevailing
laws, rules or regulations; and audits all income financial transactions
of the Town to assure sufficiency and accuracy of the same. Additional
powers and duties of this Division are as follows:
(a)
It shall maintain financial records and prepare financial
reports as required.
(b)
It shall process, audit and approve all disbursements
of Town funds.
(c)
It shall coordinate and assist the Supervisor in the
issuance of all Town indebtedness and be responsible for the investment
of all idle funds.
(d)
When so appointed by the Supervisor, the Comptroller
shall administer, manage, prepare and supervise procedures and programs
for evaluation of departmental estimates of operating budgets of all
departments and shall prepare and submit tentative budgets to the
Town Board; administer all budget funds and appropriation accounts;
and prepare and coordinate projected budgetary forecasts for operating
and capital improvement needs.
(2)
Division of Grants. This Division shall administer,
manage, track and monitor grants, including accounting control and
project management and procedures to meet auditing requirements. This
Division shall oversee and coordinate the use of grant writing contractors.
[1]
Editor's Note: This local law also repealed former Subsection
B(2), Division of Information Technology, as amended.
(3)
Division of Purchasing. The powers and duties of said Division are
as follows:
[Added 1-26-2023 by L.L.
No. 1-2023, effective 2-8-2023]
(a)
To standardize and make uniform the purchase practices of the
Town of Brookhaven.
(b)
To prepare invitations for bids on all purchases, subject to
public bidding.
(c)
To award such bids or make recommendations for award to the
Town Board.
(d)
To verify prices and contract terms and submit vouchers and
all supporting documents to Audit and Control for payment.
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.
