HomeMy WebLinkAboutLL 07 of 2009 Public Works Dept Ch 59.docTOWN OF ITHACA
LOCAL LAW NO. 7 OF THE YEAR 2009
A LOCAL LAW REVISING FUNCTIONS, RESPONSIBILITIES AND
ADMINISTRATIVE HEAD PROVISIONS IN CHAPTER 59, TITLED "PUBLIC
WORKS DEPARTMENT," OF THE TOWN OF ITHACA CODE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 59 (Public Works Department)of the Town of Ithaca Code, is
amended by deleting Sections 59-3, titled "Additional responsibilities" and 59-4, titled
"Administrative head," and adding new Sections 59-3 through 59-6 reading as follows:
"§ 59-3. Transfer of Engineering Department functions to Public Works
Department.
The functions of the Engineering Department are hereby transferred to the Public
Works Department.
§ 59-4. Responsibilities.
A. The Public Works Department responsibilities shall include the Town's
engineering and highway functions, along with responsibilities for the
construction, improvement, repair, care, and maintenance of the Town's
parks, trails, walkways, sidewalks, highways, bridges, sluices, waterways,
culverts for drainage, water and sewer facilities, buildings, grounds and
other Town facilities, and stormwater management. The Public Works
Department shall have such other responsibilities, not inconsistent with
law, as may be assigned by the Town Board.
B. In addition, the Department of Public Works shall provide all services
required or desirable in order to enable the Director of Public Works to
fulfill any duty or responsibility imposed upon such official, whether or
not in his/her capacity as Town Highway Superintendent, by this chapter
or by any other local law, ordinance or regulation of the Town, by any
lawful directive of the Town Board, or by any statute or regulation of the
State of New York.
C. Notwithstanding the foregoing, this chapter shall not prohibit the Town
Board from providing for construction of any public building, street,
highway, road or other facility by public contract.
April 13, 2009
§ 59-5. Administrative head.
A. The appointed Town Highway Superintendent shall be the administrative
head of the Public Works Department, shall hold office as such
administrative head for the terms set forth in New York Town Law § 64
(21-a), shall have the powers and duties of a highway superintendent
pursuant to the New York State Highway Law, Town Law and other
applicable laws and regulations, and shall have such powers as are
necessary for the proper administration of the Department of Public Works
consistent with applicable laws. The Highway Superintendent's office
shall be in the unclassified civil service. The administrative head shall also
hold the Town's informal administrative title of Director of Public Works,
and he or she may use the titles of Highway Superintendent and/or
Director of Public Works. The Highway Superintendent/Director of
Public Works shall be appointed on the basis of administrative experience
and qualifications for the duties of the Highway Superintendent office and
for the duties in the Town's Highway Superintendent/Director of Public
Works job description.
B. During the absence or inability of the Highway Superintendent to act for
any reason, the Deputy Highway Superintendent will assume the roles,
powers and responsibilities of the Highway Superintendent/Director of
Public Works.
§ 59-6. Salary of the administrative head.
The salary of the Highway Superintendent/Director of Public Works shall be
fixed annually by the Town Board, and such moneys shall be paid out of the
general fund of the Town as the Town Board shall direct, or from any
improvement or benefit district of the Town pursuant to New York Town Law
§ 202-a (7), and shall not be a charge, in whole or in part, upon any item of the
highway fund. The salary of the Highway Superintendent/Director of Public
Works may be shown in any budget or notice relating to such budget under the
classification of either Highway Superintendent or Director of Public Works."
Section 2. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 3. This local law shall take effect on June 15, 2009.
April 13, 2009