There shall be a Department of Highways, headed by a Superintendent of Highways. The method of choosing the Superintendent of Highways, as well as his qualifications, shall be as provided for in § 11.01 of Article
XI of the Charter.
The Superintendent of Highways shall:
A. Have sole charge of the administration of his or her
Department, subject to any applicable rules and regulations that may
be adopted by the County Legislature.
B. Have all the powers and duties and shall be subject
to all obligations and liabilities heretofore and hereafter lawfully
granted or imposed by this code, the Charter, local law, ordinance
or resolution of the County Legislature or any applicable provision
of any act of the State Legislature. Such powers, duties, obligations
and liabilities shall include but shall not be limited to any power,
duty, obligation or liability now or hereafter required to be performed
by or imposed upon a County Engineer or a County Superintendent of
Highways.
C. Within the appropriations provided therefor and when
authorized by the County Legislature, employ such special engineering,
architectural or other technical assistance and incur such expenses
as may be necessary for the performance of any of his or her duties.
Professional fees or other compensation shall not exceed rates approved
by the County Legislature.
D. Have the authority, and any consultant, deputy, assistant
or employee of the Department of Highways, when authorized by the
Superintendent of Highways, shall have the authority, to enter upon
any public or private property within the County for the purpose of
making any surveys, examinations or investigations necessary or desirable
for the exercise of the powers or the performance of the duties of
the Department or the Superintendent of Highways.
E. Arrange, subject to the approval of the County Legislature,
with any public corporation or public authority or any combination
of the same for highway roadwork, drainage and other services as provided
by law. The charge for such joint services shall be, in each case,
determined by the allocation of such costs as certified by the Superintendent
of Highways.
F. Have charge of and have the duty of performing such
other functions concerning County property, public works and other
matters as the County Legislature or the County Executive may, from
time to time, direct.
G. Have and exercise all the powers and duties heretofore
or hereafter lawfully conferred or imposed upon him or her by the
Charter, this code, local law, ordinance or resolution of the County
Legislature, direction of the County Executive or any other applicable
state law not inconsistent with the Charter or this code. The Superintendent
shall also perform such other related functions as the County Legislature
or the County Executive may designate in order to implement and accomplish
the policies and responsibilities the County Legislature has prescribed.
On or before March 1 in each year, the Superintendent
of Highways shall make an annual report for the immediately preceding
calendar year, covering generally the work of his or her Department.
The Superintendent shall make such other reports at such times as
may be required by the County Legislature, County Executive or other
applicable law and/or the New York State Department of Transportation.
All reports shall be filed with the Clerk to the County Legislature
and the County Executive.
The County Legislature shall have the power,
by resolution, local law or ordinance, to establish such rules, regulations
and charges relating to the Highway Department as it may deem necessary.
Any such rules, regulations or charges so established shall become
valid upon their being filed with the Clerk to the County Legislature,
the Highway Commissioner, the County Executive and the Department
of Records.