DATED: 1969

LOCAL LAW No. 2·
A local law establishing department of public works and pre­scribing the powers and duties thereof, pursuant to section ten of the Municipal Home Rule Law of the state of New York.
Became a law November 12, 169. Passed by the local legislative body of the county of Montgomery. Filed in the office of the secretary of state November 17, 1969.
Be it enacted by the board of supervisors ·of the county of Montgomery as follows:
Section 1. Powers and duties. The commissioner. of public works shall:
(a) Have all the powers and duties of a county engineer and a county superintendent of highways pursuant to the Highway Law or other applicable law.
(b) Have charge and supervision of the design, construction and alterations of the county buildings, parking fields, drives, walks, docks, marinas, parks and recreational facilities, preserves, beaches, erosion or reforestation projects, and such other struc­tures and facilities in the nature of public ·works under the juris­diction of the county.
(c) Have charge and supervision of maintenance, repair and al­terations of buildings owned or leased by the county, parking fields, drives, walks, docks, marinas, parks and recreational facili­ties, preserves, beaches and other ]ands and structures and facili­ties in the nature of public works under the jurisdiction of the county, including custodial care.
(d) Have such powers and duties in relation to county facilities for drainage, flood control, sanitation, sewerage, small water sheds or water supply.
(e) Furnish engineering and other services to the board of supervisors, the department of planning, if any, and when directed by the board of supervisors to the other county departments.
(f) Have charge of and have the duty of performing such other functions concerning county property, public works and other matters as the board of supervisors, from time to time, may direct.
§ 2. Divisions of the department. (a) There shall be the fol­lowing divisions within the department of public works; division of highways, bridges and structures; division of buildings and grounds; division of engineering; division of reforestation and such other division or divisions as may be created within the department by local law or resolution of the board of supervisors. The commissioner may appoint and assign a deputy to each divi­sion who shall act for and on behalf of the commissioner with re­spect to such division. It shall be the duty of each division head while holding such position to carry out the function of such division as provided by local law or by directives of the com­missioner. Such division head shall be subject to reassignment or transfer by the commissioner to other duties within the de­partment.
(b) The commissioner of public works may delegate to one or more of his deputies specific powers and duties of the commissioner of public "·orks, including those which he has as a county engineer or as a county superintendent of highways, and may revoke such delegations. Such delegations and revocations shall be in writing and shall set forth the specific power or powers, duty or duties so delegated or revoked. Such written delegations or revocations shall be filed with the clerk of the board of supervisors and if powers or duties so delegated or revoked are those which the com­missioner of public works has as a county engineer or as a county superintendent of highways, a duplicate of such written delegation or revocation shall be filed with the state superintendent of public works. The acts performed by surh deputies pursuant to such delegations shall have the same effect in law as if performed by the commissioner of public works.
(c) Within the appropriations provided therefor, and when au­thorized by the board of supervisors, the commissioner of public works may employ such special engineering, architectural or other technical consultant services and incur such expenses as may be necessary for the performance of any of the duties of his office.
(d) The commissioner of public works and any consultant, de­puty, assistant or employee of the department when authorized by him may enter upon any public or private lands 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.
(e) The commissioner of public works may contract, subject to the approval of the hoard of supervisors, with any municipality, district or public benefit corporation for public works services. The cost; and expenses incurred as well as charges for central facilities and administrative services relating- thereto shall be borne propor­tionately by each such contracting party as agreed upon.
§ 3. Division of highways, bridges and structures. (a) The di­vision of highways, bridges and structures shall be headed by a deputy commissioner who shall be appointed on the basis of his ex­perience in highway construction and maintenance and who shall, to the extent that the commissioner of public works shall designate the same in writing, have all the powers and duties vested in and imposed upon a county superintendent of highways or a county en­gineer by Jaw. He shall have such other duties as may be pre­scribed by local law, ordinance or resolution of the board of supervisors or by direction of the commissioner of public works.
(b) Except as the provisions of the Highway Law conflict, such provisions shall apply to and define the powers, duties and obliga­tions to the commissioner of public works, or of his designated deputy, when exercising any of the powers or performing any of t��e duties of a county superintendent of highways or a county en­gineer.
( c) The statements and reports required to be flied with the New York State department of public works by the Highway Law shall also be filed with the board of supervisors.
(d) The commissioner of public works may with the approval of the board of supervisors, permit the rental, with or without op­erator, of or by or from another county or by or from any muni­cipal, district or public benefit ('Corporation, upon such terms as may be agreed upon, but with the payment to the county of not less than the hourly rate as fixed by the New York State superin­tendent of public works for the rental or hiring of such machinery, tools or equipment with or without operator by the county. All sums obtained by the county pursuant to any terms agreed upon shall be deposited in the county road machinery fund.
§ 4. Division of buildings and grounds. (a) The division of building-s an (1) Have charge of the necessary preservation, maintenance and repair of all buildings and grounds owned or leased by the county which are lH'ld, used arnl/or operated by the county for county purposes, except (a) larnls and buildings under the juris­diction of the division of highways, bridges and structures; the division of parlrn and recreation, if any; the department of air­port and (b) custodial care of the technical institute, jail or peni­tentiary, if any: the department of airport.
(2) Have charge and control of all janitors, caretakers, engineers and any other employees connected with the care and maintenance of county buildings and grounds except as otherwise provided in this section. He may make such rules and regulations governing such employees as he shall deem proper, subject to the approval of the commissioner of public works.
(3) Perform such otl1er duties all make such reports as are required by the commissioner of public works.
§ 5. Division of engineering. (a) The division of engineering shall be headed by a deputy commissioner who shall be appointed on the basis of his administrative experience and his qualifications for the duties of his office. He shall be eligible to be licensed by the state of New York to practice professional engineering.
(b) Such deputy commissioner shall (1) have charge and super­vision of all officers and employees of the department of public works performing professional engineering, surveying and related engineering services for the county except division heads of said department; (2) upon tile request of the commissioner of public works, assign such officers and employees from the division of en­gineering as may be needed by other division's of the department of public works to work on project::; designated by such commis­sioner; (3) upon the request of the board of supervisors, perform such professional engineering, surveying and related engineering services as may be required by other county administrative units;
( 4) oversee and supervise the design an construction of all county capital projects of every name and nature. The authority and responsibility of such deputy commissioner to oversee and supervise the design and construction of all county capital projects of every name and nature is and shall be deemed to be a part of any contract entered into by the county aor any of its administrative units or authorized agencies, including but not limited to, contracts entered into by the department of public works and/or any other administrative unit of the county with any other governmental unit, private contractor or any combination thereof.
(c) Such deputy commissioner shall perform such other related duties und make such reports as :i.re required by the commissioner of public works.
§6. Division of reforestation. (a)The division of reforesta­tion shall he headed by a deputy commissioner who shall be ap­pointed on the basis of his administrative experience and the qualifications for the duties of his office.
(b)Such deputy commissioner shall have charge of and exercise such duties and obligations with respect to county forests, reforestation, landscaping, fish, wildlife, and other kindred activities. He shall consult with and advise the commissioner of public works and ally division under sanw and when directed by the commissioner of public works,  any other county administra­tive unit, or authorized agency requesting his service in the selection, planting, care and maintenance of trees, shrubbery and plantings on any  property owned or operated by the county.
§7. Rules, regulations and charges. (a) Except as otherwise pro-vided, the board of supervisors slrnll have the power by resolution or ordinance to establish such charges, rules and regulations as may be formulated and recommended to such board by the commissioner of public works, 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. Any such rules, regulations or charges so established shall become valid upon their being filed with the clerk of the board of supervisors and the commissioner of public works.
(b) The commissioner of public works may make such other rules and regulations necessary or desirable for the conduct of his office which shall become valid upon their being filed with th3* board of supervisors.
§ 8. This local law shall take effect as of January first, nineteen hundred seventy .