[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.
