[Amended 10-3-1995 by L.L. No. 20-1995, effective 10-24-1995; 9-19-2000 by L.L. No. 12-2000, effective 9-25-2000]
This article shall be known as the "Town of
Brookhaven Department of Parks, Recreation and Sports, and Cultural
Resources."
A.
Whenever used in this article, words in the singular
shall include the plural and vice versa, where the context of the
article so requires.
B.
COMMISSIONER
DEPARTMENT
DEPUTY COMMISSIONERS
As used in this article, the following terms shall
have the meanings indicated:
The Commissioner of Parks, Recreation and Sports, and Cultural
Resources, who shall be chief executive officer of the Department.
The Town of Brookhaven Department of Parks, Recreation and
Sports, and Cultural Resources, which shall perform an essential function
of Town government.
The Deputy Commissioners of the Department of Parks, Recreation
and Sports, and Cultural Resources, each of whom shall administer
a specific division of said Department and shall act for and in place
of the Commissioner when required.
[Amended 11-16-2004 by L.L. No. 37-2004, effective 11-22-2004]
There shall be in the Town of Brookhaven a Department
of Parks, Recreation and Sports, and Cultural Resources. The principal
executive officer and administrative head of said Department shall
be the Commissioner, who shall be appointed by the Town Board and
serve at the pleasure of the Town Board at such salary as may from
time to time be fixed by said Town Board. The Commissioner shall be
appointed on the basis of his administrative experience or qualifications
for the duties of such office, with considerations to any such additional
standards as may be required by the Town Board. He shall be an ex
officio member of any advisory board or commission assigned to his
jurisdiction by the Town Board. The Commissioner shall be the head
of the Department with the power and authority to appoint and remove
officers and employees under his jurisdiction in accordance with Civil
Service 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 Commissioner(s) for
each of the divisions set forth below, and such positions shall be
defined as exempt under the Civil Service Law. Said Deputy Commissioner(s)
shall generally act for and in behalf of the Commissioner and shall
perform such duties as are vested in and imposed upon that office
by the provisions of this article, by statute or other lawful authority.
The Commissioner shall have 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:
[Amended 12-8-2009 by L.L. No. 24-2009, effective 1-4-2010; 1-7-2014 by L.L. No.
1-2014, effective 1-9-2014]
A.
The functions,
powers and duties of such divisions therein shall be under the administration,
direction and control of the Commissioner, and each of said divisions
shall be supervised by a Deputy Commissioner, who shall be designated
as such.
B.
The Commissioner
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 Maintenance Services. This Division shall be charged with maintenance
of facilities, such as buildings, outdoor athletic facilities of all
types, pools, beaches, marinas, parks and the amphitheater. This maintenance
function shall include the custodial services provided to all Town-owned
buildings and those leased for use by the Town, including but not
limited to the community centers and the Town Hall.
(2)
Division
of Recreation and Sports. This Division shall be charged with the
planning and implementation of recreational and sports activities
programs as a basic Town service, providing worthwhile activities
for all ages, including, but not limited to, recreational, leisure
and sports programs of all types and for all age groups, including
senior citizens and handicapped persons, and, to direct sporting events
for all ages, including such unique events as “Special Olympics.”
(3)
The
Division of Cultural Resources. This Division shall be charged with
the responsibility of providing and supervising year-round cultural,
entertainment and historical activities at Town sites, including,
but not limited to, the Brookhaven Amphitheater and Cultural Center,
the Longwood Estate and the Davis House; and to provide and/or supervise
holiday and other seasonal family activities at various Town facilities;
and to endeavor, in cooperation with the Brookhaven Arts and Humanities
Council, to support artists, both visual and performing, and to facilitate
cultural activities within the Town of Brookhaven, and coordinate
the management of the Town's historic structures. This Division shall
include the Office of Historian of Town Government.
A.
The Commissioner, acting by and through any of said
existing or hereafter named divisions, shall be empowered to perform
such other duties and functions that are prescribed to be performed
by him pursuant to any local law of the Town Board or lawful directive
of the Supervisor. However, the Commissioner may delegate any of his
powers to or direct any of his duties to be performed by a Deputy
Commissioner.
B.
The Commissioner shall recommend to the Town Board
a schedule of fees for all facilities and programs operated by the
Department. Said fees shall be established upon local law of the Town
Board. The fees shall be collected either by the Department of Parks,
Recreation and Sports, and Cultural Resources or by the Town Clerk,
as determined by the Commissioner and Town Clerk.
C.
The Commissioner shall recommend to the Town Board
plans and specifications for improvement of all Town parks and recreational
facilities, as needed. The Commissioner shall be authorized to hire
architects, engineers and other consultants to assist in the preparation
of such plans, subject to prior Town Board approval.
D.
The Commissioner shall have the authority to reassign
personnel to particular projects or in general as he deems necessary
for the benefit of the Department to ensure that all functions of
said Department are adequately fulfilled.
[Amended 1-16-2001 by L.L. No. 1-2001,
effective 1-22-2001]
In the absence of the Commissioner, the Deputy
Commissioner designated by the Commissioner shall be empowered to
act on his behalf. In the event the Commissioner fails to make a designation,
the Supervisor or the Deputy Supervisor shall designate a Deputy Commissioner
to act on behalf of and in lieu of the Commissioner and shall thereafter,
at the next public session of the Town Board, seek the consent of
the Town Board.
Nothing herein contained shall be construed
to delegate or transfer any power of the Town Supervisor as outlined
in the Town Law of the State of New York or any statutory or other
powers which may be lawfully executed by said Supervisor.
