Montgomery County Seal!RESOLUTION NO. 284 of 2022
DATED: December 27, 2022
     

RESOLUTION REGARDING THE POWERS AND DUTIES OF THE DEPUTY COMMISSIONER OF THE DEPARTMENT OF PUBLIC WORKS (PERSONNEL)


Resolution by Legislator:   Dimond
Seconded by: Kelly

WHEREAS, NYS Civil Service is requiring a clarification to the duties of the Deputy Public Works Commissioner; and 

WHEREAS, County Law 401 gives the Montgomery County Legislature the authority to authorize a Department head to appoint one or more deputies, who shall perform such duties not inconsistent with law as shall be assigned to them by the appointing officer and who shall possess the powers and perform the duties of the principal  in the event of their absence; and

WHEREAS, the Montgomery County Legislature has authorized the Public Works Commissioner to appoint said deputy for many years.

RESOLVED,  as set forth in County Law 401, the Deputy Commissioner of Public  has the authority to perform such duties not inconsistent with law as shall be assigned to them by the Public Works Commissioner and shall possess the powers and perform the duties of the Public Works Commissioner in the event of their absence.

RESOLUTION VOTE, passed with Aye(5). Legislator Sweet voted Nay. Legislators Dimond, Duchessi and VACANT were absent. (12/27/2022)

MOTION TO RESCIND by Legislator Headwell, Jr., seconded by Legislator Purtell, was defeated with Aye(4). Legislators Kelly and Sweet voted Nay. Legislators Dimond, Duchessi and VACANT were absent.(12/27/2022)


Statement of Legislative and Financial Impact:

I. Nature of Request:

RESOLUTION REGARDING THE POWERS AND DUTIES OF THE DEPUTY COMMISSIONER OF THE DEPARTMENT OF PUBLIC WORKS (PERSONNEL)


II. Justification:

This resolution confirms that said position does have the full authority to act for and on behalf of the Commissioner of Public works in the event it is necessary.


III. Legislative Impact:

County Law 401 says deputies shall have the authority to act on behalf of the principal.


IV. Financial Impact:

There is no financial impact.



cc: County Clerk
County Treasurer

Voting Record
     
STATE OF NEW YORK County of Montgomery ss.:

      This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 27th day of December, 2022, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof.
      IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 12th day of January, 2023


Totals:Aye: 0
Nay: 0 
Abstained: 0
Absent: 0



County Executive took no action on this resolution.
This resolution was enacted on 1/8/2023