Montgomery County Seal!

DATED: 1964


LOCAL LAW NO. 2 of 1964 - A local law establishing a department of Highways and prescribing the powers and duties thereof, pursuant to section ten of the Municipal Home Rule Law of the State of New York


County of Montgomery Local Law NO. 2
Local Law Print No. 1
Intro. No. 2 of the year 1964
A local law “A local law establishing a department of Highways and prescribing the pm·rers and duties thereof, pursuant to section ten of the Municipal Home Rule Law of the State of New York"
Be it enacted by the Board of Supervisors of the County of Montgomery as follows:
SECTION 1. For the purpose of carrying out the provisions of the H15hway I.aw in respect to the construction and maintenance of highways, roads anu bridges and the control of snow and ice thereon within the County, there is hereby established a department of county government to be known as the department of highways of the County of Montgomery.
SECTION 2. The head of said department shall be the county super­intendent of highways, app<;>inted pursuant to the provisions of section one hundred of the Highway Iaw, whose salary shall be fixed by the board of supervisors of the County of Montgomery, payable by the County Treasurer in semi-monthly installments, and who shall be paid in addition thereto ede actual and necessary expenses incurred in the performance of his official duties, including a mileage allowance for the miles actually and necessarily traveled on official business by the use of his own automobile as fixed by said board, upon the audit of duly verified claims therefor by said board. Said board of supervisors may remove such county superintendent of highways for malfeasence or misfeasence in office upon written charges, after an opportunity to be heard not less than five days after the service upon such superintendent of highways of a copy of such charges
SECTION 3. The term of office of such county superintendenof highways shall be four years, unless sooner removed by the board of supervisors as above provided, or by the department of public works as provided in the Highway I.aw. A vacancy in the office of county superintendent of highways shall be filled by the board of supervisors for the unexpired term as prescribed by law.
SECTION 4. The county superintendent of highways shall have and perform all of the powers and duties conferred on county superintendents of highways by the Highway Law, the General Nunicipal Law, the Vehicle and Traffic I.aw, and any other general or special law, and shall perform such additional and related duties as may be prescribed and directed by the board of supervisors of the County of Montgomery. He shall have the supervision and control of all persons employed in the department of highways
SECTION 5. The county superintendent of highways may appoint qualified persons to the positions of employment estab-lished from time to time by the board of supervisors of the County of Montgomery for the department of highways, including these persons who have heretofore held positions of the same grade by employment of the county superintendent of highways, and who are now qualified for such positions under the Civil Service Law, and ' such appointments shall be deemed a continuation of the services of said persons in said respective positions.
SECTION 6. The county superintendent shall have the power to remove departmental employees under the procedure set forth in Civil Service law, Section 75.
SECTION 7. The county superintendent of highways, with tbe approval of the board of supervisors of the County of Montgomery, may appoint for a term not extending beyond the term of office of I said county superintendent of highways and at pleasure remove one of the principal engineers employed in the department of highways, deputy county superintendent of highways, to serve without additional compensation. Such deputy shall act for and have all the powers and duties of such county superintendent of highways during his inability to act as such county superintendent of highways, or during the regular or approved vacation period of such county superintendent of highways.

SECTION 8. Subject to the written approval of the highway committee of the board of supervisors of the County of Nontgomery 'I the county superintendent of highways shall within the amount appropriated for that purpose, appoint and employ such other persons as may be necessary for the construction and maintenance of county roads and bridges and the control of snow and ice thereon and the maintenance of the county garage, and fix the salary and compensation of such employees.
SECTION 9. The county superintendent of highways may procure at the expense of the County of Montgomery a blanket undertaking from any duly authorized corporate surety covering officers, clerks and employees in the department of highways indemnifying the County of Montgomery against losses through the  failure of the officers, clerks and employees covered thereunder faithfully to perform their duties, or to account properly for all moneys or property received by virtue of their positions or employment.
SECTION 10. The county superintendent of highways, with the approva+ of the highway committee of the board of supervisors of the County of Montgomery, may adopt rules and regulations, not inconsisten with law, for the conduct of the affairs and business of the department of highways.
SECTION 11. This Local Law shall take effect when filed in the office of the Secretary of State.



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