Does a highway superintendent have to publically advertise a vacancy for a position even if they already know of a person who is interested and would be a good fit for the position?
According to Highway Law 140(4) the Highway Superintendent has the authority to hire employees provided there is adequate funding set aside by the Town Board.
140. General powers and duties of town superintendent. The town superintendent shall, subject to the rules and regulations of the department of transportation, made and adopted as provided in this
4.Within the limits of appropriations employ such persons as may benecessary for the maintenance and repair of town highways and bridges, and the removal of obstructions caused by snow, subject to the approval of the town board, and provide for the supervision of such persons.
In general, there is no statutory requirement that vacancies in a highway department be advertised. How the hiring process is conducted is at the discretion of the Highway Superintendent with some potential exceptions:
- If the department is part a union the department must follow any rules set forth in the collective bargaining agreement.
- If there is an agreement with, or a resolution from, the town board that requires a specific procedure or residency requirements.
It is also always a good idea to consult with your town attorney and the county civil service commission in case there are civil service rules that require posting or notification or if there are equal employment policies to consider
New York Consolidated Laws, Highway Law - HAY 140
Cornell Local Roads Program - Powers and Duties of Local Highway Officials
Cornell Local Roads Program QA #37 who hires office workers for the Highway Department?