DATED: 1969

LOCAL LAW No. 3
A local law amending local law number two of the county of Mont­gomery for the year nineteen hundred sixty-nine, establishing a 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 December 17, 1969. Passed by the local legis­lative body of the County of Montgomery. Filed in the office of the secretary of state January 2, 1970.
Be it enacted by the board of supervisors of the county of Montgomery as follows:
Section 1 . Local law number two for the year ni11eteen hundred sixty-nine of this county entitled "A local law establishing a 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" is hereby amended to read as follows:
There shall be a department of public works, the head of which shall be the commissioner of public works, who shall be appointed on the basis of his administrative experience and qualifications for the duties of the office. Such commissioner shall he appointed for a five (5) year term by the board of supervisors; of the county of Montgomery. On, January first, nineteen hundred seventy, the office of county superintendent of highways and of county engineer, if any. shall be abolished and the powers and duties of such office shall devolve upon the department of public works.
§ 2. 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.
*So in original
(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, l'rosion 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, marina:-:,, parks and recreational facili­ties, preserves, benches and other lallCls and structures and facili­ties in the natun• of public works under the jurisdiction of the county, ineludinp: custodial care.
(d) Have such powers and duties in relation to county facilities for drainage-e, 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 propPrty, public works and other matters as the board of supervisors, from time to time, may direct.
§ :1. Divisions of the department. (a) There shall be the fol­lowing- di,·isions within the lh'partrnent of public works; division of hig-hways, bridges and structures; division of buildings and grounds; division of engineering-; division of reforestation and such other division or diviisions as may be created within the department by local la\\· or resolution of the board of supervisors. The commissioner may appoint and assign a deputy to each di­vision who shall act for and on bi>lialf (lf the commissioner with respect to such di,·ision. It shall be the duty of each division head while boldiug such position to carry out the function of such division as pro,·irl0cl b_v local law or by directives of the commis­sionrr. Sneh dh·ision head shall lw subject to rcassig-nmcnt or transfer by the commissioner to other duties ,vithin 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 works, including those which he has a county engineer or as a county superintend of highways, and may revoike such delegations.  Such delegations and revocations shall be in writing and shall set forth the specific power or powers, duty or duties so delegatied 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 revoke are those which the commissioner of public works has a county engineer or as a c outny superintendent of highways, a duplicate of such swritten delegation or revocation shall be filed with the sate supereifidnt of public works.  The acts performed by such 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, nncl when au­tl1oriz0u by the bnarc1 of supervisors, the commission1.:r of public works may employ such special e11��inecri11g, architectural or other tcelmica l consultant srrvicrs and incur snch expenses as may be 11ecrssary for the performance of any of the du tics of his office.
(d) The commissioner of public works and any consultant, dep­uty, assistant or employee of thr department ·when authorized by him way 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 thr duties of the department.
(e) The commissioner of public works may contract, subject to the approval of the board of supervisors, with any municipal, dis­trict or public benefit corporation for public works services. The costs and expenses incurred as well as charges for central facilities and administratiYe services relating thereto shall be borne propor­tionately by each such contracting party as agreed upon.
§ -1. Division of highways, brieges * and structures. (a) The diYision of high,\·ays, bridges and structures shall be headed by a deputy commissioner who shall be appointed on the basis of his experience in high way construction and maintenance and who shall, to the extent that the commissioner of public ,vorks shall designate the same in writing, have all the powers and duties Yestcd in and imposed upon a county superintendent of highways or a county eng·ineer b��· law. He shall have such other duties as may be prescriberl. by local law. ordinance or resolution of the Loarc1 of supervisors or by direction of the commissioner of public works.
(b) Excrpt as tl1e pro'visions of the Highway La,v conflict, such provisions shall apply to and define the powers, clntics and obliga­tions to the commissioner of public ·works, or of his designated deputy, when exrrcising any of the powers or performing any
of t��1c duties of a county superintendent of highways or a county engmeer.
(c) Thr statements and reports required to be filed with the New York State department of public "·orks by the Highway Law shall also be filrd \\'ith the board of supervisors.
(d) The commissioner of public works may with the approval of thr board of supervisors, permit the rental, with or without operator. of or hy or from ,mother conn ty 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 superint<·11C1ent. of public works for the rental or hiring of such machinery. tools or eqnipnwnt with or without operator by the county. All sums obtained by the county pursuant to any terms agreed upon shall be <1cpo'-itN1 in the county road machinery fund.
§ 5. Division of buildings and grounds. (a) The division of buildings and grounds shall be headed by a deputy commissioner who shall be appointe (1) Have ehar��e of tlic nrccssary prt'servation, maintenance and repair of all buildings and grounds owned or leased by the county whieh are held, used and/or operatcc.1 by the county for county purposes, except (a) lands and buildings under the jurisdiction of the division of highways, bridges and structures; the division of parks 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 sucJ,1 employees ns he shall deem proper, subject to tlH! approval of the commissioner of public ·works.
(3) Prrform such other duties and make such reports as are re­quired by the commissioner of public works.
�� 6. Division of engineering. (a) The cliYision of c:nginccring shall hi> hra(lccl by a drpnty <·ommissionrr who shall be appointrd on the basis of his aclministrativr experience and his qualifications for the dllties of his office. He shall be rlig-ible to be licensed by the state of New York to pract.iee professional engineering.
(b) Such deputy commissioner shall (1) }iaye charge and suprr­Yision of all officers and employees of the departrnent of public works performi11g profrssional engint't>ring-, surveying- and related t'ng-in<>t>ring sHvices for tlw eounty exct>pt divisioll heads of said dcpartrne11t; (2) npon thr rr•qne:st of tlit· commissioner of public · works. assign snch offiecrs a11d employres from thf: division of en­gincc·rin��· as may be IH:rclcd hy otl1t'r di\'isions of t hr department of public works to work on projects c1rsig-natcd by such commis­sionrr; ( :n upon thP reqnrst of the board of snpen·isors, perform snrh professional engineering, snrvcyin�� and related cng-inccrinr sen·ices as may hr required by other connty administrative units;
( 4) oversee and supervise the design and construction of all county capital projects of eYny name :rnd natnrr. 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 or any of its administrative unites of 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 county commissioner shall perform such other related duties and make such reports as are required by the commissioner of public works.
§ 7. Division of reforestation. (a) The division of reforesta­tion shall be headed by a deputy commissioner who shall uc 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 any division under same 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.
§ 8. Rules, regulations and charges. (a) Except as otherwise provided, the board of supervisors shall have the power by resolu­tion or ordinance to establish such charges, rules and regulations as nw�� be formulated and recommended to such board by the commissioner of public works, to provide for nse by the public of facilities under the -,jurisdiction of the department of public works, and to provide for the enforcement thereof. Any such rule s, 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 lris office which shall become valid upon tl1cir being filed "·ith the board of supervisors.
§ 9. This local law shall take effect as of January first, nineteen hundred seventy .