[HISTORY: Comes from L.L.
No. 53-1979, adopted 5-22-1979, effective 5-24-1979.[1]; amended in its entirety 7-2-2019 by L.L. No. 53-2019, effective 7-18-2019]
[Amended 3-14-2023 by L.L. No. 22-2023, effective 4-4-2023]
There shall be established in the Town of Hempstead a Department
of Occupational Resources, which shall provide training and temporary
employment opportunities to the unemployed and shall develop and deliver
other human services. The executive head of such Department shall
be the Commissioner, who shall be appointed by the Town Board of the
Town of Hempstead for a term fixed by law, at such salary as may from
time to time be fixed by said Town Board. The Commissioner shall be
appointed on the basis of administrative experience and qualifications
for the duties of such office. The Commissioner shall be vested with
the authority, direction and control over the Department. There may
be Deputy Commissioners to the Commissioner of Occupational Resources.
The Deputy Commissioners, individually, shall have the authority to
act for and in place of the Commissioner of Occupational Resources
in all regards. The Commissioner shall designate, in writing, the
order in which the deputies shall act, in case of the Commissioner's
absence, inability to work, or vacancy. The Commissioner shall have
the power to appoint and remove all subordinate officers and employees
and assign them to their respective duties. The Commissioner shall
be in the unclassified service of the civil service. The position
of Deputy Commissioner shall, pursuant to the statutory authority
contained in the Municipal Home Rule Law and the Civil Service Law,
be in the exempt class.
A.
Administration and operations. The Administration and Operations
Division shall be responsible for the maintenance of departmental
personnel records; maintenance of departmental accounting records,
including budget control and statistical analysis; supervision of
all procurement and property management standards; administration
of affirmative action and equal employment opportunity programs; review
of employment and training activities and programs; direction of public
information activities; and overall supervision, direction and coordination
of all separate divisional activities. The Division shall also be
responsible for the rapid and effective implementation of departmental
plans and goals affecting several thousand participants, such as supervision
of recruitment; enrollment and certification; supervision of client
services, counseling and grievances; maintenance of management information
systems; retention of records; and the movement of all participants,
on a continuing basis, into one or more than one training or employment
activity in a multifaceted program. In addition, the Division shall
be responsible for the review of all systems for controlling program
administration, verifying and reviewing client records, examining
participant worksites and work conditions, reviewing contracts for
noncompliance, reviewing plans and procedures, verifying client certifications,
and investigating general program management to prevent fraud and
program abuse.
B.
Fiscal management. The Fiscal Management Division shall be responsible
for the depository of funds, the keeping of separate program and activity
accounts, the auditing of claims, the preparation and audit of payrolls
and the retention of financial records.
C.
Career Development and Youth Services. The Division shall be responsible
for the development and implementation of career opportunities for
participants; the negotiation of client outstation contracts, providing
transition services, such as job-seeking skills instruction, individualized
job-search plans and labor market information; and special activities
for transition and placement of clients into unsubsidized employment.
The Division shall also be responsible for the implementation of all
youth employment and training programs, the recruitment of thousands
of clients, the coordination of youth client services, counseling
and grievances and the coordination of youth client records.
In exercising the powers and duties set forth in this Chapter,
the Department of Occupational Resources shall adhere to the following:
A.
Expenditure of federal funds. The Commissioner shall be responsible
for all agreements for the expenditure of federally derived funds
for all authorized employment, training services and other costs,
and these agreements shall be effective only where made and signed
by the Commissioner or his or her designee, subject to the approval
of the Town Board and limited by applicable federal funding rules
and regulations.
B.
Personnel management. Notwithstanding other provisions of this Code,
the Commissioner or his or her designee shall be responsible for all
personnel activity in relation to federally funded employees, subject
to the approval of the Town Board and applicable federal law, rules
and regulations; and it shall be his or her additional authority and
duty to maintain, perpetuate and establish a complete set of files
for federally funded employees of the Town of Hempstead.
C.
Procurement of supplies, materials and equipment; consulting services.
(1)
Pursuant to the provisions of Chapter 62 of this Code, the Commissioner of the Department of Purchasing shall make and be responsible and have the authority for all purchases and contracts for supplies, materials and equipment of every kind and nature for the Department of Occupational Resources. The procurement procedures used shall comply with the systems and procedures found in 41 CFR 29-70.316.4 through 29-70.316-8 and other applicable federal laws, rules, regulations and the terms of the federal grants or agreements.
(2)
The Commissioner, subject to the approval of the Town Board, may
from time to time employ such additional persons, including but not
limited to special, technical, fiscal and legal consultants, as may
be necessary or desirable in the discharge of the duties herein imposed
upon the Department of Occupational Resources.
D.
Budget. The Department of Occupational Resources shall prepare and
submit to the Town Board and the Town Comptroller, a balanced annual
budget.
A.
The Town of Hempstead is authorized to appropriate and expend Town
general funds in such sums as are or may be required to administer,
conduct, or participate in any federal or state programs as administered
by the Department of Occupational Resources; and the Town of Hempstead
may, at its own cost and expense, perform any and all acts necessary
to effectuate the purposes of any such federal or state programs.
