Town of Bethlehem, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Bethlehem 6-10-1981 by L.L. No. 5-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 91.
There is hereby created the Department of Public Works for the Town of Bethlehem. This Department shall consist of the Commissioner of Public Works and such other officers and employees as may be needed.
There is hereby created the office of Commissioner of Public Works, who shall be appointed by the Town Board as provided by law. The Commissioner shall have control and supervision over all officers and employees assigned to the Department. He shall serve at the pleasure of the Town Board and his office shall be in the unclassified civil service.
The Department of Public Works shall be responsible for:
A. 
The construction, repair, maintenance and cleaning of sanitary sewers owned by or under the sole jurisdiction of the Town or any improvement district or other district or agency thereof.
B. 
The operation, repair and maintenance of any sewage treatment plant owned by or under the sole jurisdiction of the Town or any improvement district or other district or agency thereof.
C. 
The construction, maintenance and operation of such other sanitation facilities to the extent that the same shall be delegated to the Department of Public Works by the Town Board.
D. 
The construction, operation, repair and maintenance of water pumping facilities, water treatment plants and water distribution systems owned by or under the sole jurisdiction of the Town or any improvement district or other district or agency thereof.
E. 
The billing of consumers for use of water and/or sewer services supplied by the Town or by any improvement district or other district or agency thereof and such other work and/or services as the Town Board may lawfully direct.
F. 
The provision of engineering services, including but not limited to highway and drainage, buildings and facilities, solid waste disposal, water facilities and such other engineering services as may be directed by the Town Board.
[Amended 9-9-2015 by L.L. No. 4-2015]
The salary of the Commissioner of Public Works shall be fixed annually by the Town Board.
[Amended 9-9-2015 by L.L. No. 4-2015]
The Department of Public Works shall be organized in divisions as necessary and appropriate.
All employees of the Department of Public Works shall be hired by the Commissioner of Public Works; 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.
Except as limited by §§ 26-10 through 26-12, the Commissioner of Public Works may transfer any employee of the Department of Public Works from one division or office thereof to another division or office thereof, and such transfer may be on either a temporary or a permanent basis: provided, however, that the salary of any employee so transferred shall not be reduced by reason of such transfer, and further provided that the salary of no employee so transferred shall be increased by reason of such transfer unless such salary increase shall be approved in advance by the Town Board.
Except as in this chapter expressly provided, this chapter shall not in any manner change the present provisions of law in effect in the Town, by reason of any provisions of any state statute or otherwise, relating to the parcels of real property presently responsible for the payment of real property taxes for maintenance, operation and capital cost of any improvement district or other district of the Town. Except as herein expressly provided, all of the charges for the foregoing shall continue to be assessed in the same manner as if this chapter had not been adopted, and the bookkeeping procedures of the Department of Public Works and in the office of the Town Comptroller shall be adjusted to accommodate the provisions for tax payments for such items in the same manner as if all of the items were being performed by individual departments, districts or agencies of the Town. Except as otherwise specifically provided in this chapter, all costs and expenses lawfully incurred by the Department of Public Works on behalf of any special district or improvement or other district agency of the Town or on behalf of any 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 employees of every water and sewer district of the Town, as well as employees of the Engineering Division, performing functions which are hereby transferred to the Department of Public Works, shall be continued as employees of the Department of Public Works with the same classification, salary, benefits, pensions and retirement rights and privileges as they had immediately prior to such transfer; and the Commissioner of Public Works shall have the right to hire, fire and discipline such employees.
A. 
Nothing herein contained shall be construed to delegate or transfer any power of the Town Board contained in §§ 51, 64, 12, 14 and 16 of the New York State Town Law or provided for by the New York State Municipal Home Rule Law or other powers which may be lawfully exercised by said Board.
B. 
The Town Board shall establish or set the rates for fees for services rendered by the Department of Public Works.
[Added 3-23-1988 by L.L. No. 2-1988]
Nothing herein contained shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52 or 119 of the New York State Town Law or any other powers which may be lawfully exercised by said Supervisor.
Before entering upon the duties of his office, the Commissioner of Public Works shall take and file with the Town Clerk an oath of office. He shall be a high school graduate, preferably supplemented by college level courses in civil engineering.