A. 
There shall be a Department of Public Works headed by a Commissioner of Public Works who shall be appointed on the basis of his or her experience and qualifications for office by the County Executive to serve at his or her pleasure, subject to the confirmation by the County Legislature.
B. 
Powers and duties. Except as otherwise provided in this Charter, the Administrative Code or state law, the Commissioner of Public Works shall:
(1) 
Have all powers and duties of a county engineer and a county superintendent of highways, pursuant to the Highway Law or other applicable law;
(2) 
Have such powers and duties in relation to County facilities for drainage, flood control, sanitation, sewage, or water supply as may be prescribed by the County Legislature;
(3) 
Furnish engineering and other services to the County Legislature, County Executive, the Department of Planning and other County departments as authorized;
(4) 
Have charge of and have the duty of performing such other functions concerning County real and personal property, public works and other matters as the County Executive and Legislature may, from time to time, direct;
(5) 
Have charge and supervision of routine maintenance of equipment, repair and storage buildings and facilities used by the Department, including highway substations, and all parking areas serving these facilities;
(6) 
Have charge and supervision of the design, construction and alteration of the County buildings, parking fields and lots, drives, walks, preserves, beaches, and other public structures and facilities under the jurisdiction of the County;
(7) 
Have charge and supervision of maintenance, repair and alteration of buildings owned or leased by the County, parking fields and lots, drives, walks, preserves, beaches and other public structures and facilities under the jurisdiction of the County, including custodial care; and
(8) 
Except as otherwise provided in this Charter and subject to the requirements of state law, have the authority to appoint and remove all officers and employees of the Department of Public Works.
A. 
Subject to approval by the County Executive, the Commissioner of Public Works shall specify in writing, and in order of succession, the Deputy Commissioner or Deputy Commissioners and/or other assistants who shall be Acting Commissioner of Public Works in the event of his or her absence from the County or inability to perform and exercise the powers and duties of his or her office. This specification shall be filed with the County Clerk and the Clerk of the Legislature and may be revoked at any time by the Commissioner filing an approved new written designation and order of succession.
B. 
The designated Deputy Commissioner of Public Works shall be Acting Commissioner of Public Works in the event of the Commissioner's absence from the County or inability to perform and exercise the powers and duties of the office for no more than 30 days. If the absence or inability of the Commissioner of Public Works shall extend for over 30 days or in the event there is no designated deputy, an Acting Commissioner of Public Works shall be appointed by the County Executive, subject to the County Legislature's confirmation, for a period not to exceed a total of 180 days in addition to the initial thirty-day period, or for the entire two-hundred-ten-day period as appropriate. If the inability of the Commissioner of Public Works shall extend over 210 days, the County Executive, subject to County Legislature confirmation, shall appoint a Commissioner of Public Works. An Acting Commissioner of Public Works shall file his or her designation and oath of office as such with the County Clerk.
C. 
An Acting Commissioner of Public Works shall have all the powers and duties of the Commissioner during the period of his or her designation and until his or her successor shall be appointed and qualified under this section or until a new Commissioner of Public Works is appointed and qualified pursuant to law.
There shall be an Engineering Division within the Department of Public Works staffed by licensed mechanical and structural engineers, responsible to the Commissioner of Public Works and under his or her supervision, charged with planning, supervision and oversight of construction and rehabilitation projects for all County highways, structures, water, sewer and flood control projects and other County facilities.
The County Legislature shall have the power, by local legislation, to establish such rules and regulations as may be necessary to provide for use by the public of facilities under the jurisdiction of the Department of Public Works and to provide for the enforcement thereof.