PART I, ADMINISTRATIVE LEGISLATION

Chapter 37, OFFICERS AND EMPLOYEES

[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye Falls as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES
Code of Ethics -- See Ch. 23.
Defense and Indemnification -- See Ch. 19

ARTICLE I, Mayor and Trustees [Adopted 1-13-1969]

§ 37-1. Terms of office. [Amended 9-16-1996 by L.L. No. 6-1996]

The terms of office of the Mayor and all Trustees of the Village of Honeoye Falls, New York, should be extended to four years, as is provided in § 3-302 of the New York State Village Law.

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§ 37-2. Transitional terms.

The office of the Mayor and the office of the two Trustees whose terms expire in 1969 shall in 1969 run for four-year terms hereafter, and furthermore, the office of the two Trustees whose term shall expire in 1970 shall run for one five-year term in 1970 and thereafter for four-year terms.

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§ 37-3. Elections. [Amended 9-16-1996 by L.L. No. 6-1996]

General elections in the Village of Honeoye Falls, New York, shall be hereafter held biennially in odd-numbered years beginning in 1973 and as is provided in § 3-302 of the New York State Village Law.

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§ 37-4. Referendum.

This article is adopted subject to a permissive referendum.EN

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ARTICLE IA, Runoff Elections [Adopted 6-20-2005 by L.L. No. 5-2005]

§ 37-4.1. Procedure in event of tie vote.

  1. Purpose. The purpose of this article is to provide a procedure for a runoff election in the event of a tie vote between eligible persons for a Village office when the number of persons receiving the same amount of votes is larger than the number of positions remaining to be elected, in compliance with Article 15 and § 15-126 of the Election Law of the State of New York.
  2. Special runoff election. If two or more eligible persons running for a Village office in any general or special election receive, for the same office or offices of the Village, an equal number of votes and the number of such persons is greater than the number of persons for that position which remain to be elected, then the Board of Trustees, within two days after the canvassing of the election returns or at a special meeting called for such purpose, shall adopt a resolution stating:
    1. The date for the special runoff election, which shall be held on the first Tuesday falling at least 10 days after the final certification of the results of a tie vote.
    2. The polling place or places for the special election.
    3. The hours of the special runoff election, which shall include at least the hours from 12:00 noon to 9:00 p.m.
    4. The names and addresses of the candidates involved in the runoff, which shall be limited to only those candidates deemed nominated by receiving an equal number of votes for the same office.
    5. The office or offices to be filled and terms of office.
    6. That the runoff election is for those Village offices for which a tie vote was received in the previous general or special election and is limited to those offices remaining unfilled as a result of the vote and including only those candidates that received the equal number of votes for the same office.
    7. That the Village Clerk shall publish, according to law, the text of the resolution at least 10 days prior to the election date.
  3. Conduct of election. The runoff election shall be conducted pursuant to the resolution of the Board of Trustees and the Election Law of the State of New York.
  4. Waiver of runoff election. The special runoff election as provided in this article may be waived by the candidates. In order for the special runoff election to be waived, each person who would be a candidate if the special runoff election were to be held must file with the Village Clerk, within two days after the final certification of the tie vote, a written notice of consent that the selection of the winner of the election may be made by lot. If such notices of consent are timely filed, then the determination of the winner of the election shall be made by lot as provided for by Article 15, § 15-126, of the Election Law of the State of New York, as it may be amended from time to time.

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ARTICLE II, Residency Requirements [Adopted 8-14-1979 by L.L. No. 5-1979; amended in its entirety 12-21-1998 by L.L. No. 13-1998]

§ 37-5. Requirements enumerated.

  1. Notwithstanding the provisions of Article 3 of the Village Law, the office of Code Enforcement and Building Inspector may be held by a person who is not a resident of the Village of Honeoye Falls, provided that such person resides in the County of Monroe or any county adjoining Monroe County. [Amended 3-20-2006 by L.L. No. 3-2006]
  2. Notwithstanding the provisions of Article 3 of the Village Law, the office of Village Justice may be held by a person who is not a resident of the Village of Honeoye Falls, provided that such person resides in the County of Monroe
  3. Notwithstanding the provisions of Article 3 of the Village Law, any appointed Village officer need not be a resident of the Village of Honeoye Falls, provided that the person who is an appointed Village officer resides in the County of Monroe.

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ARTICLE III, Village Administrator [Adopted 3-17-2003 by L.L. No. 3-2003]

§ 37-6. Purpose; position established.

In order to provide economical and efficient overall direction, coordination of the day-to-day activities of the Village of Honeoye Falls, to provide centralized direction and control of Village employees, to reduce the administrative details performed by the Mayor and Trustees and to occasion the Mayor and Trustees a greater opportunity for the proper consideration of policy matters, the position of Village Administrator is hereby established by the Village of Honeoye Falls.

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§ 37-7. Appointment; term; compensation.

The Village Administrator shall be appointed by and serve without term but at the pleasure of the Board of Trustees. The position shall be exempt, unclassified or noncompetitive. Compensation shall be fixed by the Board of Trustees.

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§ 37-8. Accountability; Acting Village Administrator.

The Village Administrator shall report to and be under the supervision of the Mayor and Trustees. During the absence or disability of the Village Administrator, the Mayor, with the approval of the Board of Trustees, may designate any properly qualified person as Acting Village Administrator.

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§ 37-9. Powers and duties.

Subject to approval, direction and control of the Mayor and Trustees, or in those instances where approval, direction and control is, by applicable law, reserved to the Mayor, then, under the approval, direction and control of the Mayor, and in accordance with such law and such policies, rules, regulations, resolutions, ordinances and local laws as may be promulgated or adopted by the Board of Trustees, the Village Administrator shall:

  1. Supervise and coordinate the activities of Village departments.
  2. Oversee and coordinate the work of Village employees and implement the personnel policies, orders, rules, regulations, resolutions, ordinances, and local laws of the Village.
  3. Recommend to the Mayor and Trustees appointments, promotions or dismissals of Village employees in accordance with applicable policies, orders, rules, regulations, resolutions, ordinances, and local laws of the Village.
  4. Oversee the enforcement of the policies, orders, rules, regulations, resolutions, ordinances, and local laws of the Village and other applicable law in an efficient and impartial manner.
  5. Control expenditures within amounts appropriated in the budget by enforcing administrative controls.
  6. Supervise and coordinate the process of purchasing all materials, supplies, and equipment and the letting of all bids and contracts.
  7. Maintain an ongoing study of all activities and functions of the Village with a view to making recommendations, from time to time, to the Mayor and Trustees of measures and programs which might improve the efficiency and effectiveness of Village government or improve the delivery of governmental services.
  8. Consult with appropriate Village offices and employees in the preparation of policies, orders, rules, regulations, resolutions, ordinances and local laws.
  9. Attend all meetings of the Board of Trustees and provide information relevant to agenda items.
  10. Keep Village residents informed of Village policies, procedures, and plans for the delivery of governmental services.
  11. Oversee the expeditious response to inquiries by Village residents and other interested persons concerning Village government operations and services.
  12. Maintain liaison with other governments and administrative agencies, but not in substitution of the Mayor or Trustees as the official representatives of the Village.
  13. Perform and discharge such other duties and responsibilities as may, from time to time, be assigned by the Mayor and Trustees.

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§ 37-10. Effect on existing positions.

Nothing herein shall be deemed or construed as abolishing, transferring, limiting or curtailing in any way any powers, duties or responsibilities of the Mayor or Trustees or other Village officer or employee such as are prescribed by the laws, rules, regulations, resolutions, ordinances or local laws of the Village of Honeoye Falls.

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ARTICLE IV, Planning and Zoning Board of Appeals [Adopted 2-20-2007 by L.L. No. 1-2007]

§ 37-11. Terms of office.

  1. The term of office for the Planning Board shall be five years commencing April 1 of the year appointed, unless such appointment is to fill an unexpired term of a previous member.
  2. The term of office for the Zoning Board of Appeals shall be five years commencing April 1 of the year appointed, unless such appointment is to fill an unexpired term of a previous member.

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§ 37-12. Membership.

The Zoning Board of Appeals and the Planning Board shall be comprised of five members. One of such members shall be appointed as Chairman by the Mayor, subject to approval of the Village Board of Trustees, and in the absence of a Chairperson, the Board may designate a member to serve as Acting Chairperson.

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§ 37-13. Compensation.

Each Board member is to be compensated for attendance at meetings in an amount to be determined according to the current fiscal year budget of the Village of HOneoye Falls by the Board of Trustees. Compensation is subject to review by the Board of Trustees annually as part of the Village budgeting process. The Village shall pay for any training of a member and shall pay for travel and meals per the Village policy.

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§ 37-14. Requirements for membership.

  1. Each member of the Planning Board and Zoning Board of Appeals shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties.
    1. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet the requirements of this subsection.
    2. Such training shall be approved by the Board of Trustees and may include, but not limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity.
    3. Training may be provided in a variety of formats, including, but not limited to, electronic media, video, distance learning and traditional classroom training.
  2. All duly appointed members of the Planning Board and Zoning Board of Appeals are required to attend and take an active part in all scheduled meetings.

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§ 37-15. Eligibility for reappointment.

To be eligible for reappointment to the Planning Board or Zoning Board a member shall have completed the training required by the Village pursuant to this article.

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§ 37-16. Waiver of training requirement.

The training required by this article may be waived or modified by resolution of the Board of Trustees when, in the judgment of the Board of Trustees, it is in the best interest of the Village to do so.

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§ 37-17. Validity of decisions.

No decision of a Zoning Board of Appeals or Planning Board shall be voided or declared invalid because of a failure to comply with this article.

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§ 37-18. Cause for removal.

  1. After public hearing, the Mayor or other authorized appointing authority may remove a member of the Planning Board and the Zoning Board of Appeals for cause upon a finding by the Board of Trustees that such member has not complied with the requirements relating to attendance at meetings and training as established in this article.
  2. Cause for such removal under the requirements of this section shall be:
    1. Absence from three consecutive regular or special meetings other than for illness or valid personal reasons substantiated by documented evidence;
    2. Absence from 50% of the regularly scheduled or special meetings within any twelve-month period other than for illness or valid personal reasons substantiated by documented evidence;
    3. Failure to obtain and comply with the training requirements as set forth in this article.

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