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TITLE I
Department of Social Services
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There shall be a Department of Social Services
under the direction of a Commissioner of Social Services who shall
be appointed by the County Executive, subject to confirmation by the
County Legislature. The Commissioner of Social Services shall be appointed
on the basis of his or her administrative experience and qualifications
for the duties of the office for the term provided by law. The Commissioner
shall have the power, within budgetary appropriations, to appoint
such staff of his or her department as may be necessary to implement
the duties of this office as set forth herein.
The Commissioner of Social Services shall perform
the duties prescribed by law and such additional and related duties
as are required by the County Executive.
[Added 6-3-2014 by L.L.
No. 7-2014[1]]
The Commissioner of Social Services shall appoint a Deputy Commissioner
of Social Services who shall act generally for and in place of the
Commissioner of Social Services in the event of his or her absence
from the County or inability to perform and exercise the powers and
duties of office. The Deputy Commissioner of Social Services shall
perform all of the duties of the Commissioner of Social Services only
in the event that the Commissioner of Social Services is absent or
unable to perform and exercise the powers and duties of such office.
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TITLE II
Department of Health
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(a)Â
There shall be a Department of Health under the direction
of a Commissioner of Health or a Public Health Director who shall
be appointed by the County Executive, subject to confirmation by the
County Legislature. If the appointment is that of Commissioner, at
the time of his or her appointment and throughout his or her term
of office the Commissioner shall be and remain duly licensed and entitled
to practice medicine in the State of New York, and shall have such
other qualifications as may be required by law. In the alternative,
if the appointment is that of Public Health Director, such person
shall possess a master's degree in public health or a related field
and three years of public health administration experience, or an
appropriate combination of education and experience deemed equivalent
by the State Commissioner of Health.
(b)Â
All appointments to the position of Public Health
Director and the appointment and arrangements for the medical consultant
are subject to the approval of the State Commissioner of Health.
(c)Â
Either the Commissioner or the Director shall be directly
responsible to and serve at the pleasure of the County Executive,
unless otherwise provided by law.
(d)Â
The Commissioner/Public Health Director shall serve
on a full-time basis and shall not be employed nor engage in any private
practice in their field of expertise.
(e)Â
All full-time managerial employees in the department
who are professionally licensed shall not engage in any private practice,
nor be employed in their field of expertise with the County, by any
private or governmental entity.
[Amended 9-6-2011 by L.L. No. 18-2011]
Except as otherwise provided in this Charter,
the Commissioner of Health or the Director shall have all the powers
and perform all the duties conferred or imposed upon a County Health
Commissioner and upon county boards of health by the Public Health
Law or any other law. He or she shall perform such other and related
duties as are required by the County Executive or the County Legislature.
In the event that the office of Commissioner
of Health is vacant, a Deputy Commissioner of Health shall be appointed
by the County Executive subject to confirmation by the County Legislature.
A Deputy Commissioner of Health who has been appointed by the County
Executive shall perform all the duties of a Commissioner of Health,
may serve on a part-time basis, shall be and remain duly licensed
to practice medicine in the State of New York, and shall have such
other qualifications as may be required by law.
There shall be in the Department of Health a
Board of Health consisting of seven (7) members who shall be appointed
by the County Legislature in the manner and for the term provided
in the Public Health law. It shall be mandatory, however, that at
least one member of the Board of Health shall be appointed primarily
on the basis of known experience and interest in environmental matters.
The Board of Health, subject to the provisions of the Public Health
Law and the State Sanitary Code, shall have the power to formulate,
adopt, promulgate, amend or repeal such rules and regulations as may
affect public health within the County; to formulate, adopt, promulgate,
amend or repeal a County Sanitary Code; to consider any matter that
may come to its attention relating to the preservation and improvement
of public health within the County, and to advise the Commissioner
or the Administrator thereon either on request or upon its initiative,
and from time to time make recommendations to the Commissioner or
Administrator thereon.
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TITLE III
Department of Mental Health
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There shall be a Department of Mental Health
under the supervision of a Commissioner of Mental Health who shall
be appointed by the County Executive upon the recommendation of the
Community Services Board and subject to confirmation by the County
Legislature. The Commissioner of Mental Health shall meet the qualifications
prescribed by the Mental Hygiene Law and the State Commissioner of
Mental Hygiene. He or she shall be directly responsible to and serve
at the pleasure of the County Executive.
Except as otherwise provided in this Charter,
the Commissioner of Mental Health shall have all the powers and perform
all the duties now or hereafter conferred or imposed by law upon a
Commissioner of community mental health services and shall perform
such other and related duties required by the Administrative Code,
local law, the County Executive or the Community Services Board.
[Added 6-3-2014 by L.L.
No. 7-2014[1]]
The Commissioner of Mental Health shall appoint a Deputy Commissioner
of Mental Health who shall act generally for and in the place of the
Commissioner of Mental Health in the event of his or her absence from
the County or inability to perform and exercise the powers and duties
of office. The Deputy Commissioner of Mental Health shall have the
powers and shall perform all of the duties of the Commissioner of
Mental Health only in the event that the Commissioner of Mental Health
is absent or unable to perform and exercise the powers and duties
of such office.
Within the Department of Mental Health there
shall be a Community Services Board consisting of nine (9) members
who shall be appointed by the County Legislature in the manner and
for the term provided in the Mental Health Law. It shall be mandatory,
however, that the County Executive or his or her designee be one of
the members. The Board shall have all the powers and perform all the
duties now or hereafter conferred or imposed by law upon a community
mental health board except that it shall not have the power to appoint
or remove the Commissioner of Mental Health, to fix his or her compensation
and expenses, to exercise supervisory authority over the Commissioner
of Mental Health and to audit and approve claims over the Commissioner
of Mental Health and to audit and approve claims of the Department
of Mental Health.
