Monroe County, NY Article VI County Executive Departments/Offices/Bureaus

[Amended 8-28-1980 by L.L. No. 5-1980; 3-4-1981 by L.L. No. 3-1981; 9-14-1983 by L.L. No. 3-1983;[1] 3-22-1988 by L.L. No. 1-1988, approved 4-22-1988; 3-22-1988 by L.L. No. 2-1988, approved 4-20-1988; 6-28-1988 by L.L. No. 4-1988, approved 7-21-1988; 12-10-1996 by L.L. No. 13-1996, approved 12-30-1996[2]]

[1] Editor's Note: This local law was accepted for filing by the state as L.L. No. 2-1983.

[2] Editor's Note: Section 2 of this local law provided only for the renaming of this Article VI. Section 11 provided that all of the sections of the Charter and the Monroe County Administrative Code affected by this local law are amended for the purpose of incorporating such changes therein.

§ C6-1 Creation of County departments.

The County Executive, with the approval of the County Legislature, may establish County departments or other agencies in addition to those created by this Charter and may prescribe the functions of all departments and other agencies. No function assigned by this Charter to a particular department or other agency may, except as otherwise provided for in this Charter, be discontinued or assigned to any other department or agency for more than six months, except by amendment of this Charter. Any department or agency whose creation and existence is authorized or mandated by state law and any director or administrator thereof shall continue to possess all the rights, powers, duties and obligations ascribed thereto by such state law, not withstanding the characterization of such agency by this Charter or otherwise as a "division" or "office" of any department and further notwithstanding the characterization of the administrative head of such division or office as an "administrator."

§ C6-2 County Executive direction and oversight.

A. Direction and appointment by County Executive. All departments and department directors specified in this Article shall be under the general direction and supervision of the County Executive. All department directors specified in this Article shall be appointed by the County Executive and shall serve at the pleasure of the County Executive.

B. County Executive Office. The County Executive may, at his or her discretion, organize a County Executive Office to provide such staff to assist in the executive direction of the County administration as the County Executive may deem to be required. Internal audit and investigation functions and staff may be assigned to this Office or to any other departments at the discretion of the County Executive.

§ C6-3 Appointment of management staff within departments; County Executive as department head.

A. Appointment of management staff within departments. Within departments, department heads may appoint and dismiss, subject to the Civil Service Law of the State of New York and other applicable law, deputy directors, division heads or administrators, other management staff and other personnel in accordance with County guidelines and procedures established from time to time.

B. County Executive as department head. The County Executive may, if authorized by the County Legislature, serve as the director or head of one or more of the departments or other agencies specified in this Article. Whenever so authorized, the County Executive shall appoint a deputy director for such department or other agency.

§ C6-4 Department of Communications and Special Events.

[Added 12-10-1996 by L.L. No. 13-1996, approved 12-30-1996]

A. Office established; Director. There shall be a Department of Communications and Special Events, the head of which shall be the Director of Communications and Special Events.

B. Powers and duties. The Director shall have the following powers and duties:

(1) To keep the public informed about the activities of County government.

(2) To provide general supervision over and coordination of the public information programs and personnel of County agencies.

(3) To prepare news releases at the request of the County Legislature, the County Executive and other County agencies.

(4) To prepare brochures and other material which describe County services.

(5) To define and oversee the functions of a County historian.

(6) To coordinate County cultural activities and special events.

(7) To coordinate County tourism promotional policies.

(8) To administer, as the County's records access officer, the Freedom of Information procedures and laws of the State of New York.

(9) To perform such other duties as may be required by the Administrative Code and other laws.

C. Deputy Director; powers and duties. There shall be a Deputy Director, who shall be appointed by the County Executive, to act for and in place of the Director.

[Added 6-11-2002 by L.L. No. 4-2002, approved 7-8-2002]

§ C6-5 Department of Finance; Office of the Controller; Office of Management and Budget; Office of Financial Services.

[Amended 4-4-1989 by L.L. No. 2-1989, approved 5-1-1989; 6-9-1992 by L.L. No. 5-1992, approved 7-2-1992; 6-29-1993 by L.L. No. 4-1993, approved 7-14-1993; 9-14-1993 by L.L. No. 6-1993, approved 10-5-1993]

A. Department established; Director. There shall be a Department of Finance, the head of which shall be the Director of Finance - Chief Financial Officer.

B. Powers and duties. The Director of Finance - Chief Financial Officer shall have the following powers and duties:

(1) To supervise, audit and control the financial affairs of the County.

(2) To collect, receive, have custody of, deposit, invest and disburse all fees, revenues and other funds of the County or for which the County is responsible.

(3) To perform all duties of a County treasurer relating to the collection of taxes.

(4) To perform all duties relating to the extension of taxes and the issuance of tax bills.

(5) To supervise the Office of the Controller.

(6) To supervise the Office of Management and Budget.

(7) To supervise the Office of Financial Services.

(8) To supervise the Division of the Treasury.

(9) To supervise the Division of Real Property Tax Services, consistent with Article 15-A of the Real Property Tax Law of the State of New York.

(10) To supervise the Division of Purchasing and Central Services.

(11) To manage special funds, financial policy development, bank relationships and debt issuance.

(12) To perform such other duties as may be required by the Administrative Code and other laws.

C. Office of the Controller.

[Amended 7-9-1996 by L.L. No. 2-1996, approved 7-29-1996]

(1) Office established; Controller. There shall be within the Department of Finance an Office of the Controller, the head of which shall be the Controller, who shall be the chief accounting officer of the County.

(2) Powers and duties. The Controller shall have the following powers and duties:

(a) To operate and maintain the County's centralized financial system, including general and subsidiary ledgers and all resorts, files, records and documents pertaining thereto. Also, to record all transactions of a financial nature in the various funds to which they apply so as to properly reflect the assets, liabilities, revenues and expenses of the County. Additionally, to instruct and direct all County employees with financial reporting responsibility in the proper use of the financial system;

(b) To maintain detailed accounts which display the status of appropriations authorized by the County Legislature. Each account should indicate the original appropriation; amendments made thereto; the appropriation as amended; amounts expended; unexpended balances; encumbrances; and unencumbered balances;

(c) To exercise accounting control over County revenues and expenditures and to monitor actual performance against estimated revenues and budget appropriations. Also, to establish and maintain systems and procedures to control and protect County resources;

(d) To prepare in accordance with § C4-8 of the Charter annual and interim financial statements as follows:

[1] Annual financial report. The Controller will prepare an annual financial report statement in conformance with established legal requirements and generally accepted accounting principles. The financial statements will be audited by, and include the opinion of, a certified public accountant. The Director of Finance-Chief Financial Officer and the County Executive will file the financial statements with the County Legislature on or before June 1 of each year.

[2] Interim financial report. The Controller will prepare and submit a monthly financial report to the Director of Finance and the County Executive for filing with the County Legislature. Monthly financial reports will contain summary level information in such a manner and format as prescribed by the Director of Finance-Chief Financial Officer.

(e) To establish and maintain systems and procedures for controlling, recording and reporting on all County-owned property, real and personal, fixed and floating, Also, to prescribe the minimum value for which an item is to be considered and recorded as a fixed asset;

(f) To create, modify and abolish petty cash and change funds for any County department, office or agency in such amount as deemed necessary. Also, to maintain an appropriate accounting of the balances and activities of these funds;

(g) To make payments on (accounts payable) all valid claims against the County for goods or services rendered to the County and maintaining a record of such claims for the prescribed period under the Local Finance Law;

(h) To perform such other duties as may be delegated by the Director of Finance-Chief Financial Officer.

(3) Procedure.

(a) The Controller, on the recommendation of the County Executive, may establish a revolving petty cash fund for any County agency or officer in such amount as is deemed necessary. Any such petty cash fund shall continue in existence from year to year until abolished. Expenditures from such fund may be made only for the following purposes: payment in advance of audit of properly itemized and verified or certified bills for materials, supplies or services, other than employment furnished to the County for the conduct of its affairs, where such payment is made upon terms calling for payment to the vendor upon the delivery of any such materials or supplies or the rendering of travel funds, in accordance with the County's travel policy and procedures as approved by the County Executive, to County personnel and County elective officers and their staffs, when required to travel outside the County of Monroe on official business. Upon audit of the bills, such petty cash funds shall be reimbursed from the appropriate budgetary item or times in any amount equal to the amount audited and allowed. Any of such bills or any portion of any such bills as shall be disallowed upon audit shall be the personal liability of the official responsible for the use of the petty cash fund from which payment on account thereof was made, and such official shall forthwith reimburse such petty cash fund in the amount of such disallowance.

(b) The Controller shall maintain an inventory of all County property, and to this end the head of each and every department, office or other agency shall annually, using such procedure and method as shall be prescribed by the Controller, make and file with the Controller a complete inventory of all property, real and personal, fixed and floating, of the County for which the purchase price met the minimum threshold. The Controller shall determine and certify whether or not the property of the County and the property purchased by the County is on hand or has been properly accounted for. The certified copy of such inventory and the record of action taken by the Controller to determine and certify the same as prescribed herein shall be maintained as a permanent record of this office.

D. Office of Management and Budget.

(1) Office established; Director. There shall be an Office of Management and Budget, the head of which shall be the Director of Management and Budget.

(2) Powers and duties. The Director shall have the following powers and duties.

(a) To supervise the preparation and administration of the annual budget in accordance with Article IV of this Charter and Articles VI, VII and VIII of the Administrative Code.

(b) To assist in the preparation of the capital improvement program in accordance with § C4-10 of this Charter and Article VII of the Administrative Code.

(c) To conduct a continuing study of all County agencies for the purpose of determining the quality of their work and devising improvements in their efficiency and effectiveness.

(d) To establish standards of management, work measurement and performance for County agencies.

(e) In accordance with § C4-8B of this Charter, to submit each quarter to the County Executive for filing with the County Legislature an updated forecast of revenues and expenditures for the remainder of the year focusing on key indicators. Forecast revenues in the report must include sales tax revenue. The report shall reflect alterations in or reappraisals of revenue and expenditure estimates and an explanation of significant variances. "Significant variances" shall mean all variances that deviate from the current approved budget by the greater of 5% or $250,000 greater than the total department budget. The reporting of significant variances will be grouped by elected official with oversight of the department(s) effected in key indicators.

[Amended 1-13-2009 by L.L. No. 4-2009]

(f) To perform such duties as may be required by the Administrative Code and other laws.

E. Office of Financial Services. There shall be within the Department of Finance an Office of Financial Services, under the direction of the Director of Finance - Chief Financial Officer, which shall consist of the following divisions:

(1) Division of the Treasury.

(a) Division established; Treasurer. There shall be within the Department of Finance, Office of Financial Services, a Division of the Treasury, the head of which shall be the Treasurer, who shall be the Director of Finance - Chief Financial Officer or his or her appointee.

(b) Powers and duties. The Treasurer shall have the following powers and duties:

[1] To collect, receive, have custody of and deposit all revenues and other funds of the County or for which the County is responsible, and to disburse all funds relating to trust accounts.

[2] To provide County-wide tax collection and delinquent tax relevy on behalf of the City of Rochester and the villages of the County, in the event that the County assumes these functions.

[3] To perform such other duties as may be delegated by the Director of Finance - Chief Financial Officer.

(c) Procedures.

[1] The County Executive may select and designate banks or trust companies as official depositories for the funds of the County.

[2] No moneys shall be drawn from the treasury of the County, nor shall any obligation for the expenditures of money be incurred, except in pursuance of the annual appropriation resolution or supplement thereto or pursuant to the Local Finance Law of the State of New York.

[3] All fees received by a County department or office or by an officer thereof shall be accounted for and paid into the County treasury.

(2) Division of Real Property Tax Services.

(a) Division established; Director. There shall be within the Department of Finance, Office of Financial Services, a Division of Real Property Tax Services, which shall constitute the real property tax service agency of the County in accordance with Article 15-A of the Real Property Tax Law of the State of New York. Pursuant to the provisions of such law, the County Executive shall appoint a Director of the office, who shall serve a six-year term. Appointment or reappointments of the Director shall be made on the first day of October of each sixth year following the initial year of appointment, 1971. The qualifications, training, civil service status and the powers and duties of the Director of the office, as well as the operation and activities of the office and its employees, shall be governed by the provisions of said Article 15-A of the Real Property Tax Law.

(b) Powers and duties. In accordance with the provisions of Article 15-A of the Real Property Tax Law of the State of New York, the Director of the Real Property Tax Services Office shall have the following powers and duties and shall exercise such powers and duties in a manner which will assist local assessors in developing a more uniform and efficient real property tax system throughout the County:

[1] To prepare tax maps for each city and town in the County and maintain them on a current basis.

[2] To provide advisory appraisals to each city and town in the County, upon request of each city or town, on moderately complex taxable properties.

[3] To advise local assessors on procedures for the preparation and maintenance of assessment rolls, property record cards, appraisal cards and other records.

[4] To provide appraisal cards to each local assessor.

[5] To cooperate and assist in the training program provided by the State Board of Equalization.

[6] To assist the Director of Planning and Development in maintaining a current index of the location of streets in accordance with § A15-2 of the Administrative Code.

[7] To perform such other duties as may be required by the Administrative Code and other laws.

(c) Procedures.

[1] The cost to the County of preparing and maintaining such tax maps, as well as the apportionment of the expense of County advisory appraisals, shall be in accordance with and governed by the applicable provisions of Article 15-A of the Real Property Tax Law of the State of New York.

[2] The Office of Director of Real Property Tax Services shall become that of County assessor in the event that such office is created or mandated by the State of New York or the County Legislature and shall assume all the powers and duties of such office on the effective date of such legislation.

(3) Division of Purchasing and Central Services.

(a) Division established; Administrator. There shall be a Division of Purchasing and Central Services, the head of which shall be the Administrator of Purchasing and Central Services.

(b) Powers and duties. The Administrator of Purchasing and Central Services shall have the following powers and duties:

[1] To make all purchases of supplies, materials, equipment and services for the County, to contract for all public work for the County and to contract for the rental or servicing of equipment for the County, in accordance with requirements for competitive bidding and advertising set forth in the Administrative Code or, in the absence of such code provisions, as set forth in applicable law.

[2] To purchase for civil divisions within the County, if approved by the County Legislature and the governing boards of such divisions, on such basis as may be mutually agreed upon.

[3] To sell any surplus supplies, materials or equipment, and to make such other sales as may be authorized by the County Legislature.

[4] To enter into and execute all contracts or other agreements necessary to carry out his or her duties hereunder, as authorized by the County Legislature, the County Executive or pursuant to the Administrative Code or other applicable law.

[5] To transfer supplies, materials and equipment among County departments, offices and other agencies, subject to the approval of the heads thereof and the County Executive.

[6] To be responsible for the proper maintenance of all current inventories of supplies, materials and equipment owned or under the jurisdiction of the County, and to oversee the keeping of records and the operation of any storeroom or warehouse operated by the County.

[7] To establish, provide or approve suitable specifications or standards for all supplies, materials, equipment, services and public work to be purchased for the County; to inspect all deliveries to determine their compliance with such specifications and standards; and to accept or reject such deliveries in accordance with the results of any inspection.

[8] To invite or require competitive bidding before making any purchase or sale, in accordance with requirements therefor set forth in the Administrative Code or, in the absence of such code provisions, as set forth in applicable law.

[9] To furnish supplies, materials, equipment, contractual services or public work to County departments, offices or other agencies only upon receipt of properly approved requisitions and only if an unencumbered appropriation sufficient to pay for the same is available.

[10] To have charge over and supervise a central duplicating service, copying machines, a central mail room and such other central services as may be determined and assigned by the County Executive.

[11] To provide information to Minority and Women Business Enterprises (MWBE) firms of upcoming construction, engineering and architectural services procurements, and report to the Legislature with an MWBE registration list annually.

[Added 6-10-2014 by L. L. No. 2-2014[1]]

[1] Editor's Note: This local law also renumbered former Subsection E(3)(b)[11] as Subsection E(3)(b)[13].

[12] To require MWBE utilization plans for construction, engineering and architectural services prior to contract award.

[Added 6-10-2014 by L. L. No. 2-2014]

[13] To perform such other duties as may be required by the Administrative Code and other laws.

(4) Audit Committee. There shall be a County Audit Committee whose members, procedures and duties shall be as specified below:

(a) Membership. The Audit Committee shall consist of seven members, two members from the County Legislature, one member from the majority party and one member from the minority party, both members appointed by the President of the Legislature and confirmed by the Legislature; two members from the County administration appointed by the County Executive; and three members from outside of the Legislature and the administration who are certified public accountants, one such member appointed by the majority party of the Legislature, one such member appointed by the minority party of the Legislature and one such member appointed by the County Executive. The seven members shall serve two-year terms.

(b) Procedures. The Chairperson of the Audit Committee shall be selected by the Committee from its members who are from outside of the Legislature and administration. Any four members of the Audit Committee shall constitute a quorum. A majority vote of the total Audit Committee (i.e., four votes) is required for Committee approval of any matter.

(c) Powers and duties. The Audit Committee shall have the following powers and duties:

[1] To receive from the Director of Finance on or before March 15, and approve within 30 days of receipt, the presentation of the County's annual internal audit plan which shall consist of a rolling twelve-month audit plan at any given point in time and which shall describe the proposed areas of emphasis for the upcoming 12 months, including consideration of compliance audits, operational audits and assistance from external independent accountants. The Committee shall also assist in the establishment of reporting standards.

[2] To receive from the Director of Finance - Chief Financial Officer all audits, whether produced in accordance with such plan or for other reasons. In either case, the confidentiality of employee records cited in any audit shall be strictly maintained within the Committee. Such records shall be restricted solely to use within the Committee for informational purposes only and shall not be transmitted to the Legislature nor released to the public.

[3] To file such plan and audits with the Ways and Means Committee of the County Legislature.

[4] To review such plan and audits and to submit comments, if any, to the Ways and Means Committee of the County Legislature and to the County Executive.

§ C6-6 Department of Law.

A. Department established; County Attorney. There shall be a Department of Law, the head of which shall be the County Attorney. The County Attorney shall be appointed by the County Executive.

B. Powers and duties. The County Attorney shall have the following powers and duties:

[Amended 9-10-1996 by L.L. No. 4-1996, approved 9-30-1996]

(1) To serve as the legal advisor for the County and, on its behalf in County matters, of its officers and agencies.

(2) To serve as legal advisor to the County Legislature.

(3) To advise all County officers and employees in all County matters of a legal nature and, where in the interests of the County, prepare all necessary papers and written instruments in connection therewith.

(4) To prosecute or defend all actions or proceedings of a civil nature by or against the County.

(5) To prepare resolutions, legislation, legalizing acts and local laws to be presented for action by the County Legislature, together with notices and other items in connection therewith.

(6) To represent petitioners in and upon request of Family Courts, pursuant to § 254 of the Family Court Act of the State of New York.

(7) To appear on behalf of and represent petitioners in proceedings instituted pursuant to the Uniform Support of Dependents Law, Article 3-A, Domestic Relations Law of the State of New York.

(8) To initiate and execute tax foreclosure proceedings.

(9) To appoint one or more Deputy County Attorneys, subject to the approval of the County Executive.

(10) To create divisions of the Department as required, with approval of the County Executive.

(11) [1]To perform such additional acts and related duties as may be prescribed by law, by the Administrative Code, by the County Executive or by resolution of the County Legislature.

[1] Editor's Note: Former Subsection B(11), regarding management of County real property holdings, was repealed 11-14-2000 by L.L. No. 6-2000, approved 12-12-2000.

§ C6-7 Department of Human Resources.

[Amended 12-13-1994 by L.L. No. 10-1994, approved 12-29-1994]

A. Department established; Director. There shall be a Department of Human Resources, the head of which shall be the Director of Human Resources.

B. Powers and duties. The Director of Human Resources shall have the following powers and duties:

(1) To administer, under the general authority and direction of the County Civil Service Commission, the Civil Service Law of the State of New York for the County of Monroe and the civil divisions therein, except for the City of Rochester.

(2) To develop and administer personnel policies.

(3) To prepare personnel rules for County officers and employees for approval by the County Executive and adoption by the County Legislature.

(4) To administer the personnel system of the County in accordance with such personnel rules.

(5) To prepare and maintain a compensation plan for all positions, providing uniform pay for like services.

(6) To prepare and administer a merit system.

(7) To maintain personnel records for all County employees.

(8) To foster and develop programs for the improvement of employee effectiveness, including programs for training and development, safety, health and counseling, with a focus on opportunities for promotion of minorities, women, veterans and individuals with disabilities.

[Amended 6-10-2014 by L. L. No. 2-2014]

(9) To supervise labor relations functions.

[Amended 6-10-2014 by L. L. No. 2-2014]

(10) In conjunction with the Director of Diversity, Equity and Inclusion - Chief Diversity Officer, to supervise equal opportunity functions.

[Amended 6-10-2014 by L. L. No. 2-2014; 10-13-2020 by L.L. No. 6-2020]

(11) To negotiate labor contracts for the County, with the approval of the County Executive.

(12) To conduct studies of problems in negotiations and to compile data and information pertinent to the County's negotiations with recognized employee associations.

(13) To administer the contractual agreements which have been negotiated with recognized employee associations, and to act under the direction of the County Executive to resolve disputes and grievances related to such agreements.

(14) To perform such other duties as may be required by the Administrative Code and other laws, and as the County Executive may prescribe.

[Amended 6-10-2014 by L. L. No. 2-2014]

C. Related board: County Civil Service Commission.

(1) The County Civil Service Commission is continued for the purpose of administering the Civil Service Law for the County of Monroe and civil divisions therein, except the City of Rochester. The five-member Civil Service Commission, as established under the Optional County Government Law of the State of New York, shall continue until such law is repealed, in which event administration of the Civil Service Law for the County of Monroe and civil divisions therein, except the City of Rochester, shall not be affected, except that the County Legislature is empowered to terminate the terms of office of the five-member Civil Service Commission and to appoint a three-member Commission in accordance with the Civil Service Law of the State of New York.

(2) Except as otherwise provided in Chapter 863 of the Laws of 1970 of the State of New York, nothing in this Charter shall be construed to repeal or in any way affect the provisions of the Civil Service Law of the State of New York.[1]

[1] Editor's Note: Former Subsection D, Office of Affirmative Action, and former Subsection E, Related board: Human Relations Commission, which immediately followed this subsection, were repealed 6-10-2014 by L.L. No. 2-2014.

§ C6-8 Department of Planning and Development.

[Amended 6-9-1992 by L.L. No. 5-1992, approved 7-2-1992]

A. Department established; Director. There shall be a Department of Planning and Development, as set forth in Article V of this Charter, the head of which shall be the Director of Planning and Development.

B. Powers and duties. The Director shall have the powers and duties set forth in § C5-2 of this Charter.

C. Related boards. The following board is established.

[Amended 6-10-2014 by L. L. No. 2-2014]

(1) County Planning Board. There shall be a County Planning Board, as set forth in § C5-7 of this Charter.

§ C6-9 County Environmental Management Council. [1]

[1] Editor's Note: The content of this section was moved to § C6-12, Department of Public Health, 6-10-2014 by L.L. No. 2-2014. See now § C6-12K.

§ C6-10 Department of Information Services.

[Amended 9-14-1993 by L.L. No. 6-1993, approved 10-5-1993]

A. Department established; Director. There shall be a Department of Information Services, the head of which shall be the Director of Information Services.

B. Powers and duties. The Director shall have the following powers and duties:

(1) To supervise and maintain all electronic data processing equipment in the County.

(2) To plan, implement, supervise and coordinate computer programming and all central computer data and records.

(3) To encourage intergovernmental use of County data processing facilities.

(4) To plan, implement, supervise and coordinate data security measures for the County.

[Added 6-10-2014 by L. L. No. 2-2014[1]]

[1] Editor's Note: This local law also renumbered former Subsection B(4) as Subsection B(5).

(5) To perform such other duties as may be required by the Administrative Code and other laws.

§ C6-11 Department of Human and Health Services. [1]

[Amended 11-12-2002 by L.L. No. 4-2003, approved 12-3-2002]

A. Department established; Commissioner. There shall be a Department of Human and Health Services, the head of which shall be the Commissioner of the Department of Human and Health Services.

[Amended 6-10-2014 by L. L. No. 2-2014]

B. Powers and duties. The Commissioner shall have the following powers and duties:

[Amended 6-10-2014 by L. L. No. 2-2014]

(1) To supervise the Division of Social Services, including:

(a) Financial Assistance Division;

(b) Child and Family Services Division.

(2) To supervise the Office of Mental Health.

(3) To supervise the Office for the Aging.

(4) To supervise the Rochester-Monroe County Youth Bureau.

(5) To act as the Commissioner of any division, office or bureau of the Department and to perform any other administrative function necessary with the approval of the County Executive.

(6) To create other divisions of this Department as required with the approval of the County Executive.

(7) To perform such other duties as may be required by the Administrative Code and other laws.

C. Division of Social Services.

[Amended 6-10-2014 by L. L. No. 2-2014]

(1) There shall be a Division of Social Services, the head of which shall be the Commissioner of Social Services, who shall be appointed by the County Executive and, except as otherwise provided in this Charter, shall have all the powers and perform all the duties conferred upon or required of a county director or commissioner of social services under the Social Services Law of the State of New York, or other applicable law. The Commissioner shall manage other social services institutions of the county and shall perform such other additional and related duties as may be required by the County Legislature.

(2) Powers and duties. The Commissioner shall have the following powers and duties:

(a) To administer social services, including but not limited to services for adults and the aging, services for children and youth and special services for low-income families and individuals.

(b) To be responsible for the assistance and care of any person who resides or is found in the county and who is in need of assistance and care.

(c) To identify and maintain a record of all social service resources within the county.

(d) To assist public and private service agencies in the development of cooperative services in order to assure the provision of service programs responsive to people's needs.

(e) To perform such other duties as may be required by the Administrative Code and other laws.

D. Office of Mental Health.

[Amended 6-10-2014 by L. L. No. 2-2014]

(1) Director; power and duties. The Director of the Office of Mental Health shall be the head of the department and shall be appointed by the County Executive with confirmation by the County Legislature. The Director shall meet those qualifications fixed by the State Office of Mental Health and the mental hygiene laws in existence at the time of his or her appointment. The Director shall have all the powers and perform all the duties now or hereafter conferred or imposed upon a Director by applicable law. The Director shall also perform such other duties as may be required or delegated to him or her by the County Executive or the County Legislature.

(2) Local government unit. The County of Monroe shall be the local government unit prescribed by Mental Hygiene Law § 41.05. The Director shall serve as its chief executive officer as prescribed by law.

(3) Community Services Board. There shall be a Community Services Board which shall be appointed by the County Executive. The membership for the Board, including qualifications, numbers and terms, shall be set by the New York State Mental Hygiene Law. The Board shall advise on matters relating to an adequate program of mental health services in the County.

E. Office for the Aging.

(1) There shall be an Office for the Aging, the head of which shall be the Director of the Office for the Aging, who shall be appointed by the County Executive.

(2) The Director shall have the following powers and duties:

(a) To apply for funds from all governmental and private sources for services for the aging.

(b) To operate or contract to operate various programs for the aging.

(c) To contract for services with various governmental and private organizations for services for the aging.

(d) To devise a comprehensive county-wide plan for services for the aging, identify gaps in such services and encourage service provision.

(e) To plan environmental and personal services to meet the needs of the elderly through evaluation of services and identification of major problems affecting the elderly.

(f) To stimulate and review needed programs and services for the elderly.

(g) To conduct research on the needs of the aging within the county and develop alternative means of meeting these needs.

(h) To cooperate with elderly residents of the county and with organizations servicing or representing such individuals.

(i) To provide information relative to programs and services for the elderly in the county and sources of support for such programs and services.

(j) To encourage the cooperation of agencies servicing the elderly.

(k) To make recommendations and cooperate with the federal, state and local agencies concerning the development of policy toward the elderly and the application of public funds available for their needs.

(l) To perform such other duties as may be required by the Administrative Code and other laws.

(3) Related board: Council for Elders. There shall be a Council for Elders, consisting of no more than 18 citizen members and three ex officio members, to advise and make recommendations to the Director concerning all matters relating to the older citizens of the County. Citizen members of the Council shall be appointed by the County Executive and shall have three-year terms, except that for the initial appointments six shall have terms of one year, six shall have terms of two years and six shall have terms of three years. No citizen member shall serve more than two full terms consecutively. Three ex officio members shall be appointed by the County Executive as follows: one representative of the County Legislature, one representative of the City Council of the City of Rochester and one representative of the Nutrition Project Council. The terms of ex officio members shall be for such period of time as they remain members of their respective representative bodies. The Council for Elders shall elect its own Chairperson.

[Amended 6-10-2014 by L. L. No. 2-2014]

F. Rochester-Monroe County Youth Bureau.

(1) Bureau established; Executive Director. Pursuant to agreement between the City of Rochester and the County of Monroe and in accordance with applicable state laws, codes, rules and regulations, there shall be a Rochester-Monroe County Youth Bureau, the head of which shall be the Executive Director of the Rochester-Monroe County Youth Bureau, who shall be appointed by the County Executive.

(2) Powers and duties. Pursuant to agreement between the City of Rochester and the County of Monroe and in accordance with applicable state laws, codes, rules and regulations, the Executive Director shall be responsible for planning, coordinating and supplementing the activities of public, private or religious agencies devoted in whole or in part to the welfare and protection of youth.

(3) Related board: Rochester-Monroe County Youth Board.

(a) Pursuant to agreement between the City of Rochester and the county of Monroe and in accordance with applicable state laws, codes, rules and regulations, there shall be a Rochester-Monroe County Youth Board.

(b) Composition of Board. The Board shall be composed in accordance with the provisions of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York, Subtitle E, Part 165, Section 165-1.1(e)(1), as presently constituted or hereafter amended.

[Amended 6-10-2014 by L. L. No. 2-2014]

(c) Powers, duties and responsibilities of the Board. The powers, duties and responsibilities of the Board shall be as set forth in Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York, Subtitle E, Part 165, Section 165-1.1 (e)(2), as presently constituted or hereafter amended.

[Amended 6-10-2014 by L. L. No. 2-2014]

[1] Editor's Note: Former § C6-11, Department of Communications and Special Events, was moved to § C6-4 12-10-1996 by L.L. No. 13-1996. This local law also renumbered former §§ C6-12 and C6-13 as §§ C6-11 and C6-12, respectively.

§ C6-12 Department of Public Health.

[Amended 6-8-1993 by L.L. No. 3-1993, approved 6-28-1993; 11-12-2002 by L.L. No. 4-2003, approved 12-3-2002]

A. Scope of section. This section of this Charter includes all matters relating to the Department of Public Health and Medical Examiner that were formerly contained in §§ 1017-a and 1017-b of the Optional County Government Law of the State of New York, applicable to the County of Monroe. The County of Monroe, including the cities, towns, villages and special districts therein, shall continue to be a County Health District, and there shall continue to be a County Department of Public Health. Appointments of the County Commissioner of Public Health, members of the Board of Health and the County Medical Examiner shall be made in accordance with the provisions of this section.

[Amended 6-10-2014 by L. L. No. 2-2014]

B. Establishment of District and Department. The County Legislature, with the approval of the Commissioner of Health of the State of New York, may establish a County or part-County health district, the health activities of which shall be administered by a County or part-County department of health. No city or any part thereof shall be included as a part of any such health district unless a majority of the Common Council of such city or the officials exercising similar powers shall have consented thereto and, in respect of cities having a population of 50,000 or more, according to the last preceding federal or state census or enumeration, unless a majority of the County Legislators representing that part of County outside such city shall have consented thereto. If the County contains one or more cities having a population of 50,000 or more, according to the last preceding federal or state census or enumeration, which are not to be included in a County or part-County health district, the majority of the County Legislators representing that part of the County outside such city or cities may petition the County Legislature to establish such part of the County as a part-County health district and, upon receiving such petition, the County Legislature shall forthwith file a certified copy of such petition with the State Health Commissioner. If after a reasonable period of time following such petition to the County Legislature a part-County health district has not been established in the County, which proposed district, in the opinion of the State Health Commissioner, meets with standards of administration, service and work necessary to qualify for state aid, the State Health Commissioner may refuse state aid reimbursement of expenditures made by such city or cities having a population of 50,000 or more and which are not to be included in the proposed County or part-County health district, until such part-County or County health district has been established or until such petition has been withdrawn. Whenever the provisions of this section shall have been proposed to be adopted in the County and proceedings have been taken to establish a County or part-County health district within the County, the County Legislature shall notify the State Health Commissioner, in writing, of the proposed establishment of such County or part-County health district and in such notice shall state the extent of the territory intended to be included within such district. The consent of the State Health Commissioner to the establishment of any such health district shall be evidenced by a certificate, setting forth the approval of the State Health Commissioner to the establishment of such health district. Such certificate shall be filed with the Clerk of the County Legislature.

C. Local health districts within. Local health districts within the area of any County or part-County health district shall continue to exist as subdivisions of such health district, and the local Boards of Health shall continue to exist and to retain their powers and duties subject to the rulings and regulations of the County Legislature, and may continue to appoint local health officers for such local health districts as provided by law. The governing authorities of any city, village or town or the governing authorities of the cities, villages or towns within a consolidated health district may abolish such city, village, town or consolidated health district as a local health district, whereupon all the powers and duties of the local Board of Health of such local health district shall devolve upon the Board of Health of the County or part-County health district and all powers and duties of the local health officer of such local health district shall devolve upon the County Commissioner of Public Health. The governing authorities of a town or village, the local Board of Health of which has been abolished pursuant to the provisions of this section, when authorized by a proposition submitted and adopted in the manner provided by law, may employ a public health nurse or public health nurses, qualified as provided in the Sanitary Code of the State of New York, and make the necessary appropriation therefor. Such public health nurse or nurses shall work under the direction of the County Commissioner of Public Health.

[Amended 6-10-2014 by L. L. No. 2-2014]

D. Withdrawal of a city. The governing authorities of any city which has consented to be included in a County or part-County health district may, at any time after three years shall have elapsed since such city has been included in such health district, by resolution adopted by said authorities, provide for the withdrawal of such city from the County or part-County health district. Before such action for the withdrawal of a city from a County or part-County health district is taken, an opportunity shall be given for a public hearing before such governing authorities. Public notice shall be given and the County Executive, the Commissioner of the Department of Public Health, the State Health Commissioner, the County Legislature and the Board of Health of the County or part-County health district shall be notified, in writing, at least 30 days in advance of the time and place of such hearing. The withdrawal of a city from a County or part-County health district shall become effective at a time to be stated in the resolution adopted by the governing authorities of the city pursuant to the provisions of this section, which time shall be not less than 30 days from the date of the adoption of said resolution. Upon the date when such resolution shall become effective, the local health district of such city shall be reinstated and it shall have all the powers of a local health district as though such city had not been included in the County or part-County health district pursuant to the provisions of this section.

[Amended 6-10-2014 by L. L. No. 2-2014]

E. Dissolution. The County Legislature, with the consent of the County Legislators representing that part of the County included in the district in respect to a part-County health district, may abolish such district at any time after three years have elapsed following its establishment; provided, however, that before such action may be taken an opportunity shall be given for a public hearing. Public notice shall be given and the State Health Commissioner shall be notified, in writing, at least 30 days in advance of the time and place of such hearing. The action of the County Legislature abolishing a health district pursuant to the provisions of this section shall become effective 30 days after the adoption of the resolution to abolish such health district, and at the end of such period, the terms of office of the members of the Board of Health and of the County Commissioner of Public Health shall terminate.

[Amended 6-10-2014 by L. L. No. 2-2014]

F. Commissioner; appointment; term; compensation; contract for services. The County Executive shall appoint a County Commissioner of Public Health who shall be the administrative head of the County Department of Public Health. The Board of Health of each County or part-County health district may recommend to the County Executive for appointment as County Commissioner of Public Health a person or persons whom it deems qualified for such office. The County Commissioner of Public Health shall possess such qualifications for office as are prescribed in the Sanitary Code of the State of New York. The County Commissioner of Public Health shall receive such compensation as may be fixed by the County Legislature. In the alternative, the County Executive may contract with an appropriate hospital or facility in the County for the provision of all or part of the commissioner services required for the Department of Public Health. The contract may contain such terms and conditions as the County Executive deems necessary. Such contract shall require approval of the County Legislature.

[Amended 6-10-2014 by L. L. No. 2-2014; 9-13-2016 by L.L. No. 4-2016]

G. Powers and duties. The County Commissioner of Public Health shall possess all the powers conferred upon and perform all the duties required of local health officers or commissioners under the Public Health Law of the State of New York or other applicable law. In consideration for keeping all certifications and clinical qualifications current, the County Commissioner of Public Health may, with prior approval from the County Executive, engage in the practice of medicine in addition to his or her duties as commissioner.

[Amended 6-10-2014 by L. L. No. 2-2014; 9-13-2016 by L.L. No. 4-2016]

H. Deputy Commissioners; assistants and employees; appointment and removal. Local health officers who continue to hold office after the establishment of a County or part-County health district, pursuant to the provisions of this section, shall be deputies of the County Commissioner of Public Health, who may require any such local health officer to perform within his or her jurisdiction any of the duties required of local health officers. The County Executive may appoint such additional deputies, assistant deputies and other employees as recommended by the Board of Health and as may be required to fulfill the purposes of this section in the health district and as may be authorized by the County Legislature. Such deputies and assistant deputies and other employees shall have the qualifications prescribed in the Sanitary Code of the State of New York. The County Commissioner of Public Health may designate, in writing, a deputy, qualified in accordance with the provisions of said Sanitary Code, to whom shall be delegated all the powers and duties of the County Commissioner of Public Health when such Commissioner is unable to act by reason of absence or disability. The County Executive shall have power, upon recommendation of the Board of Health, to remove the health officer of any local health district included within such County or part-County health district or any deputy or assistant deputy of the County Commissioner of Public Health for cause, upon written charges, and after such health officer or deputy or assistant deputy, after due notice, has been given an opportunity to be heard.

[Amended 6-10-2014 by L. L. No. 2-2014]

I. Office of Medical Examiner. The Office of Medical Examiner in and for the County of Monroe shall be continued. The County Executive may appoint the County Commissioner of Public Health as the County Medical Examiner and shall appoint such deputies and other assistants as may be authorized by the County Legislature. The said Medical Examiner shall be a duly qualified practitioner of medicine and surgery, shall be a graduate of a medical college and shall have had at least five years actual experience in the practice of his or her profession. The Medical Examiner shall have and exercise within the County of Monroe all the powers and shall perform all the functions and duties prescribed by law for said office.

[Amended 6-10-2014 by L. L. No. 2-2014]

J. Related board: Board of Health.

(1) Organization; appointment. The Board of Health shall consist of 11 members, at least one of whom shall be a physician licensed to practice in the State of New York, one of whom shall be a nurse licensed to practice in the State of New York, one of whom shall be a member of the County Legislature, one of whom shall be a member of the Council of the City of Rochester recommended by the President of the Council and one of whom shall be a representative of the City of Rochester recommended by the Mayor of the City of Rochester. The members of the Board of Health shall be residents of the County of Monroe. The members of the Board of Health shall be appointed by the County Executive with the approval of the County Legislature. The Medical Society of the County of Monroe and the Genesee Valley Nurses Association may submit to the County Executive a list of physicians and nurses, respectively, from which the County Executive may choose the physician and nurse members of the Board of Health.

(2) Terms; vacancies. The term of office of members of the Board of Health shall be four years. No person shall serve more than two consecutive terms, except as hereinafter provided, and except further, if a person fills a vacancy in a term as hereinafter provided, that term shall not be counted as a term for such person unless more than two years remain in that term. The terms of all members shall commence as of the first day of September and shall expire as of the 31st day of August, except that members whose terms have expired shall continue to serve in such capacity until such a successor is appointed and approved. Vacancies shall be filled in the same manner as original appointments for the unexpired term. If the County Legislature or Council member of the Board of Health ceases to be a member of the County Legislature or Council, respectively, his or her term on the Board of Health shall be deemed to have expired, and his or her successor shall be appointed to a full term of four years. If the County Legislature or Council member of the Board of Health resigns from or is replaced on the Board of Health but remains a member of the County Legislature or Council, respectively, a vacancy shall be deemed to have been created, and his or her successor shall be appointed to complete the unexpired term. Except for the County Legislature and Council members of the Board of Health, initial appointments to the Board shall be made in such manner so that the terms of not more than two members shall expire in the same year.

(3) [1]General expenses. If the County has a Director of Finance, all charges and other expenses of a County or part-County health district shall be audited and paid in the same manner as other charges against the County. The Board of Health of a County or part-County health district shall submit annually, in the manner prescribed by and on or before the date fixed by or pursuant to law, an itemized estimate of the revenues and expenditures of such health district for the ensuing fiscal year. The County Legislature shall levy a tax upon the taxable property within the County or part-County health district, sufficient to provide such sums as the County Legislature may deem necessary to meet the expenses of such health district. The County Legislature may appropriate moneys in the manner provided by law for any items of expense of the County or part-County health district which may in any degree tend to promote the efficiency of the administration of the provisions of this section and the regulations adopted pursuant to the authority thereof.

[1] Editor's Note: Former Subsection J(3), Compensation and expenses of members, was repealed 6-10-2014 by L.L. No. 2-2014. This local law also renumbered former Subsection J(4) through (7) as Subsection J(3) through (6), respectively.

(4) Powers and duties; rules and regulations. Upon the establishment of a Board of Health for a County or part-County health district as provided in this section, such Board shall exercise all the powers and perform all duties of local Boards of Health as provided in this section, and such Board may recommend to the County Legislature for adoption and publication rules, regulations, orders and directions for the security of life and health in the health district which shall not be inconsistent with the provisions of this section and the Sanitary Code of the State of New York. The County Legislature may adopt only those rules, regulations, orders and directions recommended by the Board of Health which have had prior approval of the State Health Commissioner. Such rules, regulations, orders and directions shall be known as the Sanitary Code of such district. Any and all provisions of the Sanitary Code of the County of Monroe in effect at the time of the adoption of this Charter shall remain in full force and effect until amended or repealed by the County Legislature.[2] Every rule, regulation, order and direction adopted by the County Legislature shall state the date on which it takes effect and a copy thereof signed by the County Commissioner of Public Health or his or her deputy shall be filed as a public record in the Department of Health of the State of New York, in the office of the County or part-County department of health, in the office of the County Clerk and the County website and shall be published in such manner as the County Legislature may from time to time determine. The County Commissioner of Public Health or his or her deputy shall furnish certified copies or an electronic copy of the Sanitary Code of the health district and its amendments for a fee of $1. Nothing herein contained shall be construed to restrict the power of any city or any village to adopt and enforce additional ordinances or enforce existing ordinances relating to health and sanitation, provided that such ordinances are not inconsistent with the provisions of this section or the Sanitary Code.

[Amended 6-10-2014 by L. L. No. 2-2014]

[2] Editor's Note: See Ch. 569, Sanitary Code.

(5) Sanitary codes; violations and penalties. The provisions of the sanitary code of a County or part-County health district shall have the force and effect of law. Any noncompliance or nonconformance with any provision of such sanitary code or of any rule, regulation, order or special direction duly made thereunder shall constitute a violation punishable on conviction by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment, and for a second or subsequent offense by a fine not exceeding $500 or by imprisonment not exceeding 15 days, or both. Certified copies of the sanitary code of a County or part-County health district shall be received in evidence in all courts and proceedings in the State of New York.

[Amended 6-10-2014 by L. L. No. 2-2014]

(6) Officers. The Board of Health of a County or part-County health district shall elect annually one of its members as President and another as Vice President. The Board of Health may designate the County Commissioner of Public Health to act as its Secretary without extra compensation.

[Amended 6-10-2014 by L. L. No. 2-2014]

K. County Environmental Management Council. There shall be a County Environmental Management Council, pursuant to Article 47 of the Environmental Conservation Law of the State of New York, whose membership, powers, duties and procedures shall be as specified below.

[Added 6-10-2014 by L. L. No. 2-2014[3]]

(1) Membership. The County Environmental Management Council shall consist of the following members who shall be appointed by the County Legislature: one member of each city, town and village Conservation Advisory Council or Conservation Board within the County; up to 10 additional residents of the County to serve as members at large, who shall be chosen for their interest, experience and expertise in the area of improvement and preservation of environmental quality; and three members of the County Legislature. In addition, the County Environmental Management Council shall have five voting ex officio members: the Deputy County Executive, the Director of Planning and Development, the Director of Environmental Services, the Chief of Engineering and Facilities Management and the Commissioner of Public Health. The County Legislature shall appoint a Chairperson from among the members of the Council, who shall serve at the pleasure of the Legislature for a term which shall expire on December 31 of each even-numbered year. The members from the Conservation Advisory Councils or Conservation Boards and the members at large shall be appointed for terms which shall expire on December 31 of each even-numbered year. The County Legislators shall be appointed for terms which coincide with their elective terms of office. Each voting ex officio member may designate an alternate to represent him or her and to vote in his or her absence at meetings of the Council or at meetings of committees of the Council. Alternates shall be designated in advance by written notice to the Chairperson.

(2) Powers and duties. The Council shall have the powers and duties specified in Article 47 of the Environmental Conservation Law of the State of New York, as presently constituted or hereafter amended.

(3) Procedures. The Council shall designate a Secretary; adopt rules and procedures for its operations and meetings, consistent with this Charter; keep accurate records of its meetings and activities; and report upon the same to the County Legislature from time to time, or as the County Legislature may request or designate. Members of the Council shall receive no compensation for their services as members thereof but may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties within the appropriations made available to the Council.

[3] Editor's Note: This local law stated that the content of Subsection K was being transferred from § C6-9 to reflect that the County Environmental Management Council is under the direction and control of the Department of Public Health.

§ C6-13 (Reserved) [1]

[1] Editor's Note: Former § C6-13, Office of Mental Health, added 12-10-1996 by L.L. No. 13-1996, as amended, was repealed 11-12-2002 by L.L. No. 4-2003, approved 12-3-2002.

§ C6-14 (Reserved) [1]

[1] Editor's Note: Former § C6-14, Office for the Aging, added 12-10-1996 by L.L. No. 13-1996, was repealed 11-12-2002 by L.L. No. 4-2003, approved 12-3-2002. See now § C6-11.

§ C6-15 (Reserved) [1]

[1] Editor's Note: Former § C6-15, Youth Bureau; Executive Director, added 12-10-1996 by L.L. No. 13-1996, approved 12-30-1996, was repealed 11-12-2002 by L.L. No. 4-2003, approved 12-3-2002.

§ C6-16 Veterans' Services Agency. [1]

[Added 12-10-1996 by L.L. No. 13-1996, approved 12-30-1996]

A. Office established; Director. There shall be a County Office for Veterans' Services, the head of which shall be the Director of the County Office for Veterans' Services, who shall be appointed by the County Executive.

B. Powers and duties. The Director shall have the following powers and duties:

[Amended 6-10-2014 by L. L. No. 2-2014]

(1) To provide information and counsel to former members of the Armed Forces of the United States.

(2) To provide information and aid in the processing of various papers for these veterans.

(3) To provide information and aid in the processing of applications for veterans' benefits on behalf of the survivors of veterans.

(4) To plan and participate in appropriate memorial services.

(5) To carry out such other duties as may be required by the United States Veterans' Administration, the New York State Veterans' Administration and by appropriate directives of the County of Monroe.

[1] Editor's Note: Former § C6-16, Department of Economic Development, was repealed 6-9-1992 by L.L. No. 5-1992, approved 7-2-1992. See now § C5-2, Department of Planning and Development.

§ C6-17 Monroe Community Hospital; related board: Monroe Community Hospital Board.

[Amended 6-11-2002 by L.L. No. 4-2002, approved 7-8-2002; 11-12-2002 by L.L. No. 4-2003, approved 12-3-2002; 6-10-2014 by L. L. No. 2-2014]

A. Monroe Community Hospital established. Notwithstanding the provisions of the General Municipal Law of the State of New York, there is hereby continued in the County of Monroe an institution for the hospitalization and extended care and treatment of the chronically ill. The institution shall continue to be known as "Monroe Community Hospital."

B. Administration.

(1) Monroe Community Hospital Executive Health Director.

(a) The County Executive shall appoint a Monroe Community Hospital Executive Health Director (hereinafter "Director"), who shall be confirmed by a majority vote of the total membership of the County Legislature, pursuant to § A4-3 of the Administrative Code. The Director shall be the chief administrative officer of the hospital (hereinafter "facility") subject, however, to:

[1] Appropriately instituted facility rules and regulations.

[2] This Charter.

[3] The general control of the County Executive and the County Legislature.

(b) Subject to Subsection B(1)(a)[1], [2] and [3] above, the Director shall have the following powers and duties:

[1] To equip the facility with all necessary furniture, appliances, fixtures and other needed facilities for the care and treatment of patients and for the use of officers, staff and employees thereof.

[2] To have general supervision and control of the records, accounts, buildings and all internal affairs of the facility, and to maintain discipline therein and to enforce compliance with and obedience to all appropriately instituted rules, bylaws and regulations for the government, discipline and management of the facility and the employees and patients thereof.

[3] To appoint such employees as may be necessary for the efficient performance of the business of the facility and as are provided in the budget for the facility and to prescribe their duties and to discharge any of said employees pursuant to the provisions of the Civil Service Law of the State of New York.

[4] To cause proper accounts and records of the business and operations of the facility to be kept regularly from day to day in accordance with generally accepted accounting principles and to see that such accounts and records are correctly made up for the annual report to the County Legislature, and to present them to the Hospital Board, which shall incorporate them in its annual report to the County Legislature.

[5] To report the financial status of the facility to the Director of Finance in accordance with the provisions of this Charter and the Administrative Code and all other policies and directions of the County Executive and to comply with all other administrative policies, rules and regulations applicable to other County departments, offices and agencies, as promulgated by the County Executive.

[6] To receive into the facility, within the limitations of space available, and subject to subsection B(2) and (3) hereinafter, any resident of the County who requires the type of care available in the hospital, irrespective of such person's ability to pay for his or her care; and also receive persons who are not residents of the County, provided that the admission of such nonresident does not interfere with the proper care and treatment of County residents and the County is reimbursed for the cost of the care and treatment of such nonresident.

[7] To cause to be kept proper records of admission of all patients, including their name, age, sex, marital condition, occupation, place of last employment and the names and addresses of their nearest relative or friend.

[8] With the approval of the Medical Director, to discharge from said hospital any patient who shall willfully or habitually violate the rules thereof or who for any other nonmedical reason is no longer a suitable patient for treatment.

[9] To collect and receive all money due to the facility, to keep an accurate account of the same and to transmit the same to the Director of Finance.

[10] To recommend to the County Attorney the institution of actions for the collection of claims and obligations due to the hospital from any and all causes.

[11] To carry out all other obligations of the County in operations of the facility.

(2) Deputy Director; powers and duties. There shall be a Deputy Director, who shall be appointed by the County Executive, to act for and in place of the Director.

(3) Monroe Community Hospital Medical Director.

(a) Subject to the provisions of Subsection B(5) hereinafter, the County Executive, upon recommendation of the Executive Director, shall appoint the Monroe Community Hospital Medical Director (hereinafter "Medical Director"), who shall be a physician.

(b) The Medical Director shall have complete authority over and responsibility for the medical staff of and the medical care in the hospital, subject to the general authority of the County Executive, and in accordance with local, state and federal requirements.

(c) The Medical Director shall be responsible for determining:

[1] As to admissions, whether or not a prospective patient is medically appropriate for admission to or treatment at the facility; in so determining, the Medical Director may consider such factors as type and levels of care available, space and equipment available and staff workload, as well as such other factors as may seem proper to him or her.

[2] As to discharge, whether or not a patient should be discharged from the facility from a medical point of view; in so determining, the Medical Director may consider such factors as relative medical needs of others for bed space, the potential medical benefits to be gained by retention and the availability of alternative facilities, as well as such other factors as may seem proper to him or her.

(d) The Medical Director shall:

[1] Cause a careful medical examination to be made of the physical condition of each person admitted to the facility and cause a proper record to be kept of such examination and of such person's condition from time to time thereafter.

[2] Discharge from the facility any patient who is recovered from his or her illness sufficiently to be no longer in need of the care and treatment of the facility.

(4) Admission and maintenance of patients.

(a) When a patient is admitted to the facility, the Director shall cause to be made such inquiries as deemed necessary relative to the ability of the patient or of the relatives of the patient legally liable for his or her support to pay for his or her care and treatment.

[1] If the Director finds that such patient or said relatives are able to pay for such patient's care and treatment, in whole or in part, an order shall be made by the Director directing such patient or said relatives to pay to the Director of Finance of the County for support of such patient a specified sum per week, in proportion to their financial ability, but such sum shall not exceed the actual cost of caring for and treating such patient. The Director shall have the same power and authority to collect such sums from any patient or his or her relatives legally liable for such patient's support as is possessed by a social services official in like circumstances. In all claims for payment and/or reimbursement made under the provisions of this section, the Director shall be deemed a preferred creditor.

[2] If the Director finds that such patient or said relatives are not able to pay, either in whole or in part, for such patient's care and treatment in the facility, the unpaid cost of such patient's care and treatment shall become a charge upon the County; provided, however, that in case such patient is not a resident of the County, the costs of his or her maintenance shall be a charge upon the civil division of the state upon which he or she would be a charge as a needy person. No employee of the facility or of the body or corporation contracted with to provide medical services shall accept from any patient any fee, payment or gratuity whatsoever for services rendered to such patient.

(b) Notwithstanding the provisions of Subsection B(4)(a) above, whenever a contract shall be in effect with any facility service corporation covered by the applicable provisions of the Insurance Law of the State of New York for the rendering of facility service by such facility to the subscribers of such corporation, the rendering of facility service to such subscribers, insofar as payment for such service is concerned, shall be subject to the provision of such contract, and in such case the provisions of such Subsection B(3)(a) above, to the extent that they are covered by such contract, shall be inapplicable.

(c) Notwithstanding the provisions of Subsection B(4)(a) above, a facility staff member shall charge any patient receiving treatment or services from such staff member a fee if and to the extent that such patient is able to obtain reimbursement therefor through "Blue Cross," "Blue Shield," "Medicare," "Medicaid" or any similar insurance or program; an adjustment in such staff member's salary, insofar as it is paid directly or indirectly by the County, shall be made by an appropriate means to reflect such fees.

(5) Contract for medical services.

(a) The County Executive may contract with any appropriate hospital or facility in the County for the provision of all or any part of the medical services required at the Monroe Community Hospital. The contract may contain such terms and conditions as the County Executive deems necessary. Such contract shall require approval of the County Legislature.

(b) Any existing contract for medical services that may be in force at the time of the adoption of this section of the Charter shall continue in accordance with its terms and may be amended as the parties thereto deem necessary. Nothing in any existing contract or future amendment thereto is intended to be barred or changed by the adoption of this section, and this section of the Charter shall be construed to be compatible with any such contract or amendment thereto.

(6) Visitation and inspection. Subject to all applicable statutes, regulations and rules, members of the Hospital Board shall be admitted to every part of the facility and premises and shall have access to all books, papers, accounts and records pertaining to the facility and shall be furnished with copies, abstracts and reports whenever required by them. The facility shall also be subject to inspection by any duly authorized and designated representative of the Department of Health of the State of New York. The officers of the facility shall admit such representatives into every part of the facility and premises and give them access on demand to all records, reports, books, papers and accounts pertaining to the facility, subject to all applicable statutes, regulations and rules.

(7) General administration of the affairs of the hospital. Except as specifically provided for herein to the contrary, the County Executive and the Director of Finance shall be responsible to the County Legislature for the proper administration of the hospital, in accordance with the provisions of this Charter.

C. Related board: Monroe Community Hospital Board.

(1) There shall continue to be a Monroe Community Hospital Board (hereinafter "Board"), which shall meet at the facility at least six times per year and shall have the following powers and duties:

(a) To serve as a board of citizens of the County to meet, advise and consult with the County Executive, the Medical Director and the Executive Health Director in all matters relating to Monroe Community Hospital.

(b) To advise and recommend methods by which the quality of patient care may be improved to insure that the Monroe Community Hospital remains a high-quality extended-care facility for chronically ill patients and patients requiring long-term care.

(c) To advise and recommend on all matters involving cooperation with other medical institutions and facilities of the County.

(d) To review the annual report of the operation of the facility as submitted by the Executive Director.

(e) To keep a proper record of its proceedings, which shall be open at all times for the inspection of its members, the members of the County Legislature and duly authorized representatives of the State of New York.

(2) The Board shall consist of 15 persons to be appointed by the President of the County Legislature, subject to confirmation by the Legislature. It shall include two County Legislators, one member recommended by the Majority Leader and one member recommended by the Minority Leader. The Board shall also include one representative of each of the following: the University of Rochester School of Medicine and Dentistry, the Rochester Regional Hospital Association, the Finger Lakes Health Systems Agency, the United Way of Greater Rochester, Inc., the Medical Society of the County of Monroe, and a relative of a current or former resident. The Board shall also include three citizens-at-large of the County; and three Monroe Community Hospital residents to be nominated by the Monroe Community Hospital Residents’ Council.

(3) Members shall be appointed for terms of three years. Vacancies shall be filled by appointment in the same manner as original appointments. No member shall serve more than two consecutive three-year terms. All members sitting on July 1, 2014, shall continue to serve the remainder of their term.

(4) Officers: Officers of the Hospital Board shall be a Chair, Vice Chair and Secretary elected by the Board for terms of one year.

(5) Officer duties.

(a) The Chair shall have general supervision of the work of the Hospital Board, shall appoint such committees as deemed advisable and shall preside at all meetings.

(b) The Vice Chair shall perform the duties of the Chair during the absence of the Chair.

(c) The Secretary shall insure notification to the members of the time and place of all meetings of the Hospital Board, shall insure the accuracy of minutes of the meetings and shall perform such other secretarial duties as may be designated by the Hospital Board.

(6) Meetings of the Hospital Board shall be called by the Chair or, in the absence of the Chair, by the Vice Chair. Meetings shall also be called upon the written request of any three or more members of the Hospital Board. Notice of meetings shall be given to all members as soon as practicable. Notice shall be defined to include written, electronic or telephonic communication. At any meeting of the Hospital Board, a majority of the voting members shall constitute a quorum. Passage of any resolution will be by majority vote of the voting members present at the meeting.

§ C6-18 Department of Public Safety.

A. Department established; Director. There shall be a Department of Public Safety, the head of which shall be the Director of Public Safety.

B. Powers and duties. The Director of Public Safety shall have the following powers and duties:

(1) To assist, coordinate and guide all County agencies providing public safety services.

(2) To be the lead County agency for coordinating public safety budgeting, providing technical assistance for public safety grants, training and planning.

(3) To monitor public safety activities and data in the County.

(4) To coordinate radio communications among all public safety agencies in the County.

(5) To operate and maintain public safety radio equipment for which the County is responsible.

(6) To provide, in a County Crime Laboratory, crime detection services through the analysis of evidence associated with possible crimes.

[Amended 6-10-2014 by L. L. No. 2-2014]

(7) To testify in grand jury, preliminary hearings and trials as to the substance of the analysis of the evidence.

(8) To provide forensic services, for a specified charge, to those municipal governments and local law enforcement agencies which desire to use the services of the County Crime Laboratory.

[Amended 6-10-2014 by L. L. No. 2-2014]

(9) To provide, through a community corrections function, family court intake, presentence investigation, probationer supervision and such other corrections services as may be assigned by state and local courts with jurisdiction in the County and applicable laws.

(10) To develop, administer and carry out plans to protect the population of the County in the event of disaster.

(11) To administer the emergency management, mitigation planning, terrorism prevention and civil defense functions of the County.

[Amended 6-10-2014 by L. L. No. 2-2014]

(12) To administer County and state fire training and mutual aid in cases of fires or other incidents where multiple fire agencies and firefighters are being utilized.

[Amended 6-10-2014 by L. L. No. 2-2014]

(13) To act as liaison officer between the County and the County Fire Advisory Board and the fire-fighting forces of the County.

(14) To perform the duties related to weights and measures pursuant to the Agriculture and Markets Law of the State of New York.

[Amended 6-10-2014 by L. L. No. 2-2014[1]]

[1] Editor's Note: This local law also repealed former Subsection B(14), regarding development and enforcement of a County-wide fire prevention code, and renumbered former Subsection B(15) through (17) as Subsection B(14) through (16), respectively.

(15) To create divisions of this Department as required, with approval of the County Executive.

(16) To perform such other duties as may be required.

C. Related board: County Fire Advisory Board.

[Amended 11-23-1993 by L.L. No. 9-1993, approved 12-14-1993; 6-10-2014 by L. L. No. 2-2014]

(1) Pursuant to § 225-a of the County Law of the State of New York, there shall be a County Fire Advisory Board consisting of not fewer than five nor more than 17 members, each of whom shall be appointed by the County Legislature for a term not to exceed two years, in accordance with the provisions of § 225-a of the County Law and the County of Monroe Fire Mutual Aid Plan.

(2) Powers and duties. The County Fire Advisory Board shall have the following powers and duties:

(a) To act as an advisory body to the County Legislature and to the County Fire Coordinator in connection with the County participation in such programs for fire training, fire service-related activities and mutual aid and in connection with the County establishment and maintenance of a County fire training school and mutual aid programs in cases of fire and other emergencies in which the services of firefighters would be used.

(b) To perform such other duties as the County Legislature may prescribe in relation to fire training, fire service-related activities and mutual aid in cases of fire and other emergencies in which the services of firefighters would be used.

D. Related board: Monroe County Emergency Medical Services Advisory Board; Emergency Medical Services Coordinator.

[Added 2-1-1994 by L.L. No. 1-1994, approved 2-22-1994]

(1) Pursuant to § 223-b of the County Law of the State of New York, there shall be a County Emergency Medical Services Advisory Board, consisting of 21 members, each of whom shall be appointed for a term of two years by the County Legislature, except that, in the first instance only, 10 members shall be appointed for a term of one year. All terms shall begin on March 1 of the year of appointment.

(2) The County Emergency Medical Services ("EMS") Advisory Board shall have the following powers and duties:

[Amended 6-10-2014 by L. L. No. 2-2014]

(a) To cooperate with appropriate state agencies in relation to programs for EMS training, EMS activities and mutual aid.

(b) To advise the County government and the County EMS Coordinator in connection with County participation in EMS training programs, EMS activities and mutual aid programs, in which the services of EMS providers may be used.

(c) To perform such other duties as the County Legislature may prescribe in relation to EMS training programs, activities and mutual aid programs, in which the services of EMS providers may be used.

(3) The members of the County EMS Advisory Board shall be County officers and shall serve without compensation.

(4) Pursuant to § 223-b of the County Law of the State of New York, there shall be the office of County Emergency Medical Services Coordinator. The County Executive shall appoint the County Emergency Medical Services Coordinator, to serve at the pleasure of the County Executive.

[Amended 6-10-2014 by L. L. No. 2-2014]

(5) The County Emergency Medical Services Coordinator shall have the following duties:

(a) To administer all County programs for EMS training and mutual aid whenever there are emergencies in which the services of EMS providers would be used.

(b) To act as liaison officer between the County government and the Emergency Medical Services Advisory Board and all EMS providers and the governing boards of such providers.

(c) To perform such other duties as the County Executive shall prescribe in relation to EMS operations.

(6) The County EMS Coordinator shall be a County officer, and the amount of compensation he shall receive, if any, will be fixed by the County Legislature in its annual budget process.

(7) The County EMS Coordinator, or a member of the County Legislature, may serve as a member of the County EMS Advisory Board, but shall not receive additional compensation from the County for such services.

§ C6-19 Department of Transportation.

[Added 6-9-1992 by L.L. No. 5-1992, approved 7-2-1992[1]]

A. Department established; Director. There shall be a Department of Transportation, the head of which shall be the Director of Transportation.

B. Powers and duties. The Director shall have the following powers and duties:

[Amended 3-14-1995 by L.L. No. 3-1995, approved 3-30-1995; 9-10-1996 by L.L. No. 4-1996, approved 9-30-1996; 6-10-2014 by L. L. No. 2-2014[2]]

(1) To make traffic surveys on any or all highways, roads and streets within the County, and to make recommendations with regard to traffic regulations and the location of signs, signals and other devices used for the direction and control of traffic.

(2) To prepare and annually update an improvements program and budget of proposed County highways and bridge projects for inclusion in the capital improvement program.

(3) To install, operate and otherwise maintain traffic signs and signals located within the County, and operate a computerized traffic signal system control center managing all traffic signal devices, including signals, flashers and monitoring cameras.

(4) To serve as the County Superintendent of Highways and, as such, to supervise, provide for, and control the design, construction, reconstruction, alteration, operation, maintenance and repair of all roads and bridges determined to be the County's responsibility.

(5) To enter upon property abutting a County highway or rivers, streams or creeks and to take such action authorized by § 118-b of the New York State Highway Law and to reimburse the owner thereof for any damage in accordance with the foregoing law. Such action shall only be undertaken in the event that the Director of Transportation declares the situation to be an emergency condition, as outlined in § 118-b, or that such action is necessary to prevent an emergency condition. Before entering such properties, the Director of Transportation shall make a diligent attempt to contact the property owner, and access onto said property shall be made in the least obtrusive path and manner possible. The Director of Transportation shall file with the Clerk of the County Legislature an annual report of actions taken under this section.

(6) To contract with state, city, town and village units of government for the delivery of any and all County traffic, highway and bridge services.

(7) To assess transportation needs for the County and coordinate the planning and development of highway facilities in order to effectively meet those needs.

(8) To create divisions of this department as required with approval of the County Executive.

(9) To provide technical review services for proposed buildings or subdivision slots having frontage on, access to or otherwise directly related to any existing or proposed County road, right-of-way, drainage system or site shown on the County Official Map, pursuant to 239-e of the General Municipal Law of the State of New York, and technical review services with regard to permits issued pursuant to § 136 of the Highway Law of the State of New York.

(10) To plan and administer activities relating to rights-of-way and claims along existing and proposed County highways and bridges.

(11) Participate in EOC activities/responses, including coordinating city, state and County transportation operations.

(12) To perform such other duties as may be required by the Administrative Code, other laws, and the County Executive.

[2]

[1] Editor's Note: In addition to repealing former § C6-19, Department of Public Works, L.L. No. 5-1992 provided for the reorganization and renaming of a number of County departments. See §§ C5-2 and C6-19 through C6-22. It also provided that all of the sections of this Charter and the Administrative Code affected by such changes are also amended for the purpose of incorporating such changes.

§ C6-20 Department of Environmental Services.

[Added 6-9-1992 by L.L. No. 5-1992, approved 7-2-1992[1]]

A. Department established; Director. There shall be a Department of Environmental Services, the head of which shall be the Director of Environmental Services.

B. Powers and duties. The Director shall have the following powers and duties:

[Amended 9-10-1996 by L.L. No. 4-1996, approved 9-30-1996]

(1) To be responsible for the development, operation and maintenance of all sewage treatment and disposal facilities and trunk sewer systems constructed by the County, including additions thereto.

(2) To make agreements with the various municipalities or districts to assume responsibility for the operation and maintenance of any existing treatment and disposal facilities, trunk lines and transmission lines and any additions thereto.

(3) To plan, operate services and develop the necessary regulations and powers relating to County facilities for flood control and drainage control.

(4) To be responsible for the planning, development, operation and maintenance of all solid waste handling facilities owned or contracted for by the County.

(5) To make agreements with the various municipalities or districts for the handling of solid waste.

(6) To manage resource recovery facilities in such a way as to maximize recycling and minimize the use of landfills.

(7) To create divisions of this Department as required, with approval of the County Executive.

(8) To provide technical engineering, design, land survey and architectural support when necessary to County departments, offices and agencies.

(9) To ensure that the materials used in the construction of County facilities meet quality specifications.

(10) [2]To operate and maintain the facilities of the County to meet current and future needs of County residents.

[Added 1-14-2003 by L.L. No. 6-2003, approved 1-30-2003[3]]

[2] Editor's Note: Former Subsection B(10), regarding management of County real property holdings, added 11-14-2000 by L.L. No. 6-2000, was repealed 6-10-2014 by L.L. No. 2-2014. This local law also renumbered former Subsection B(11) through (14) as Subsection B(10) through (13), respectively.

[3] Editor's Note: Section 3 of this local law was subject to permissive referendum. No valid petition requesting same was filed as of 3-31-2003.

(11) To be responsible for the design, construction, maintenance, alterations, renovations, and operation of all county buildings, grounds and equipment to meet current and future needs of county residents.

[Added 1-14-2003 by L.L. No. 6-2003, approved 1-30-2003; amended 6-10-2014 by L. L. No. 2-2014]

(12) To develop and implement the most effective and efficient management methods for maintenance, distribution and replacement of rolling stock motor equipment owned by the county for purposes of providing county services.

[Added 1-14-2003 by L.L. No. 6-2003, approved 1-30-2003]

(13) To perform such other duties as may be required by the Administrative Code and other laws.

C. Related board: Pure Waters Administrative Board.

(1) The Monroe County Legislature shall be the administrative board for all existing, modified or created County sewer districts, including the Northwest Quadrant Pure Waters District; the Irondequoit Bay Pure Waters District; the Gates-Chili-Ogden Sewer District; the Rochester Pure Waters District; and the South Central Pure Waters District; and as such shall have all the powers conferred and be subject to all the duties imposed upon administrative bodies by §§ 262, 263, 265 and 266 of the County Law of the State of New York, as those sections may be amended, and by any other applicable provisions of state law to be enacted by the State of New York.

(2) The County Legislature acting as the Administrative Board shall be responsible for all policy matters relating to Pure Waters Programs. The Administrative Board provides for the delegation to the County Executive of the various administrative responsibilities related to the operation of the County sewer districts, including but not limited to the adoption, amendment and repeal, from time to time, of rules and regulations; responsibility for the collection, accounting and custody of all district revenues; responsibility for the execution of any agreement or contract of the districts as authorized by the County Legislature; responsibility for the dismissal, removal, suspension or layoff of Pure Waters Division personnel within the limits set forth in this Charter and the Administrative Code; responsibility to prescribe the internal organization of the Pure Waters Division; responsibility for the advertisement of bids and specifications and the issuance of requests for proposal for purchases and public works projects of the districts and any other administrative and executive responsibilities consistent with the powers and duties of the County Executive set forth in § C3-2 of this Charter. The Pure Waters Administrative Board shall retain the power to review and approve contracts in the same manner as provided for in § C2-6 of this Charter and § A5-6 of the Administrative Code.[4]

[4] Editor's Note: Former § C6-20D, Related board: Pure Waters Advisory Board, which immediately followed this subsection, was repealed 2-14-1995 by L.L. No. 1-1995, approved 3-7-1995.

[1] Editor's Note: This local law also renumbered former § C6-20, Department of Public Engineering, as § C6-23.

§ C6-21 Department of Aviation.

[Added 6-9-1992 by L.L. No. 5-1992, approved 7-2-1992[1]]

A. Department established; Director, There shall be a Department of Aviation, the head of which shall be the Director of Aviation.

B. Powers and duties. The Director shall have the following powers and duties:

[Amended 9-10-1996 by L.L. No. 4-1996, approved 9-30-1996]

(1) To plan for, construct, maintain and operate County airport facilities.

(2) To provide technical, engineering, design, land survey and architectural support as necessary to County Department of Aviation purposes.

(3) To create divisions of this Department as required, with approval of the County Executive.

(4) To perform such other duties as may be required by the Administrative Code and other laws and regulations.

[Amended 6-10-2014 by L. L. No. 2-2014]

C. Deputy Director; powers and duties. There shall be a Deputy Director, who shall be appointed by the County Executive, to act for and in place of the Director.

[Added 6-11-2002 by L.L. No. 4-2002, approved 7-8-2002]

[1] Editor's Note: This local law also renumbered former § C6-21, Department of Parks, as § C6-24.

§ C6-22 (Reserved) [1]

[1] Editor's Note: Former § C6-22, Department of Facilities Management, added 6-9-1992 by L.L. No. 5-1992, as amended, was repealed 1-14-2003 by L.L. No. 6-2003, approved 1-30-2003. See now § C6-20.

§ C6-23 (Reserved) [1]

[1] Editor's Note: Former § C6-23, Department of Engineering, was repealed 9-10-1996 by L.L. No. 4-1996, approved 9-30-1996.

§ C6-24 Department of Parks.

A. Department established; Director. There shall be a Department of Parks, the head of which shall be the Director of Parks.

B. Powers and duties. The Director shall have the following powers and duties:

[Amended 9-10-1996 by L.L. No. 4-1996, approved 9-30-1996]

(1) To supervise and control the design, construction, operation, maintenance and repair of all County-owned and/or operated properties for park and recreation purposes, including but not limited to parks, beaches, zoological and botanical gardens, forest lands, wetlands, golf courses and other such facilities and all related buildings, structures, roads, parking areas, utilities, equipment and appurtenances.

(2) To develop and implement a plan for recreation in County parks by the provision of facilities, equipment and personnel.

(3) To develop and implement landscaping plans for the grounds of all County-owned public buildings when expert landscaping and horticultural services are necessary.

(4) To plan, develop, use and otherwise control the function of all roads, pedestrianways and parking areas located within any County park.

(5) To provide technical, engineering, design, land survey and architectural support as necessary to County Department of Parks purposes.

(6) To perform such other duties as may be required by the Administrative Code and other laws.

C. Deputy Director; powers and duties. There shall be a Deputy Director, who shall be appointed by the County Executive, to act for and in place of the Director.

[Added 6-11-2002 by L.L. No. 4-2002, approved 7-8-2002[1]]

[1] Editor's Note: This local law also provided for the renumbering of former Subsection C as D.

D. Acquisition of parks and other recreation facilities. The County Legislature is authorized on behalf of the County to accept by gift and to acquire by purchase, condemnation, lease or otherwise real and personal property for the purposes set forth in this section.

§ C6-25 Office of Public Integrity.

[Added 3-8-2016 by L.L. No. 2-2016]

A. Office established; Director. There shall be an Office of Public Integrity, the head of which shall be the Director of Office of Public Integrity.

B. Powers and duties. The Director of Office of Public Integrity shall have the following powers and duties:

(1) The ability to examine all County operations independently and have the full authority to report its findings to law enforcement, when necessary.

(2) Conduct financial and operational investigations/audits of County departments and provide recommendations to improve accountability and efficiency.

(3) Addressing concerns received from Monroe County residents regarding their government.

(4) Provide an annual report to the County Legislature and County Executive of its activities, and any additional reports that the Director deems necessary.

(5) The authority to require any County employee, head of a department, or a member of a board or commission to furnish such data, information or statements as may be necessary, unless prohibited or limited by law.

(6) The authority to subpoena witnesses, administer oaths or affirmations, take testimony and compel the production of such books, records and documents, including electronic data from any private vendor, including Local Development Corporations (LDCs), doing business with the County or that receives funds from the County, relative to that private vendor or LDC's involvement with the County, as is deemed to be relevant by the Director for any inquiry or investigation undertaken pursuant to this section.

C. Term. The Director of Office of Public Integrity shall be appointed for a fixed term of five years, the first appointment shall serve through December 31, 2020. The Director of Office of Public Integrity may be removed from office for cause by the County Executive, and a report stating the reasons for removal will be submitted to the Monroe County Legislature. Any vacancy shall be filled in the manner provided for in the original appointment, and such appointment shall fill the vacancy for any unexpired term.

D. Political activities prohibited.

(1) The Director of Office of Public Integrity shall not directly or indirectly engage in any political activity except:

(a) As otherwise authorized by this section or by law;

(b) To vote and to identify himself or herself as a member of a political party; and

(c) On behalf of measures to improve the administration of justice.

(2) Prohibited political activity shall include:

(a) Being a member of a political organization other than enrollment and membership in a political party;

(b) Being a member of any other group the principal purpose of which is to further the election or appointment of candidates to political office;

(c) Participating in any political campaign for any office or permitting his or her name to be used in connection with any activity of a political organization;

(d) Publicly endorsing or publicly opposing a candidate for public office;

(e) Making speeches on behalf of a political organization or another candidate;

(f) Attending political gatherings;

(g) Soliciting funds for or making a contribution to a political organization or candidate; or

(h) Purchasing tickets for politically sponsored dinners or other functions.

E. Whistleblower protection. In addition to the protection provided for in the laws of the State of New York and Chapter 8 of the Monroe County Administrative Code, the County shall not take any adverse personnel action against an employee because of such employee disclosing a violation of a law, rule or regulation of which constitutes an improper governmental action. The identity and privacy of any whistleblower will be protected to the greatest extent possible under law.

§ C6-26 Department of Diversity, Equity and Inclusion.

[Added 10-13-2020 by L.L. No. 6-2020]

A. Office established; Director. There shall be a Department of Diversity, Equity and Inclusion, the head of which shall be the Director of Diversity, Equity and Inclusion - Chief Diversity Officer.

B. Powers and duties. The Director - Chief Diversity Officer shall have the following powers and duties:

(1) In conjunction with the Director of Human Resources, to develop, implement, maintain and enforce policies, programs and initiatives that foster diversity, equity and inclusion within the County workforce.

(2) In conjunction with the Director of Human Resources, to supervise equal employment opportunity functions, including but not limited to developing and administering EEO trainings, and monitoring compliance with federal, state and local equal employment laws, rules and regulations.

(3) To investigate, or cause to be investigated, internal complaints of discrimination, harassment, hostile work environment and unequal treatment arising out of any employment or contractual relationship with the County, in accordance with federal, state and local laws, rules and regulations, and County policies.

(4) To provide technical advice and guidance on effective methods and procedures for recruitment, selection, placement and promotion of racial and ethnic minorities, women, veterans, persons who identify as LGBTQ, and persons with disabilities.

(5) To ensure that the County is in compliance with all applicable requirements and obligations under the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) and attendant regulations.

(6) To evaluate, develop and strengthen affirmative action programs to achieve diversity outcomes.

(7) To work in conjunction with other departments to monitor and certify compliance with federal, state and local purchasing and contracting affirmative action requirements.

(8) To develop processes that promote equity and inclusion in the award of County contracts and oversee the Minority/Women-owned Business Enterprises (MWBE) selection procedure.

(9) To provide an annual report to the County Executive of the activities and outcomes of the Department of Diversity, Equity and Inclusion.

(10) To perform such other duties as may be required by the Administrative Code and other laws, and as the County Executive may prescribe.