[Amended 12-7-2010 by L.L. No. 2-2011; 12-6-2012 by L.L. No. 7-2012; 12-7-2015 by L.L. No. 7-2015]
The County of Dutchess shall be a health district. There shall
be a Department of Behavioral and Community Health under the direction
of a Commissioner of Behavioral and Community Health, who shall be
appointed by the County Executive subject to confirmation by the County
Legislature. At the time of his/her appointment, and throughout his/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. he/she shall
be appointed on the basis of his/her professional experience and other
qualifications for the responsibilities of his/her office. He/She
shall be directly responsible to and, unless otherwise required by
law, serve at the pleasure of the County Executive.
The Commissioner of Behavioral and Community Health shall be
the chief administrative officer of the department. Except as otherwise
provided in this Charter, he/she shall have all the powers and perform
all the duties conferred or imposed by law upon a county commissioner
of health, and shall perform such other and related duties required
by the County Executive or County Legislature.
There shall be within the department a Board of Health whose
members shall be appointed by the County Legislature in the manner
and for the term provided in the Public Health Law. 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 matters that may come to its attention
relating to the preservation and improvement of public health within
the County, and advise the Commissioner thereon, either at his/her
request or upon its own initiative, and from time to time to make
recommendations to the Commissioner thereon.
The Commissioner of Behavioral and Community Health shall have
the power to appoint such Deputy Commissioners, assistants and employees
of his/her department as shall be authorized by the County Legislature.
At the times of their appointment, and throughout their terms of office,
all Deputy Commissioners of Behavioral and Community Health, except
for the Deputy Commissioner of Behavioral and Community Health for
Mental Hygiene, if any, 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. All Deputy Commissioners,
assistants and employees of the department shall be directly responsible
to, and serve at the pleasure of, the Commissioner, except as otherwise
provided by this Charter, the Administrative Code or applicable law.
The Commissioner of Behavioral and Community Health, subject
to approval by the County Executive, shall designate in writing, and
in order of succession, the Deputy Commissioners and assistants who
shall be Acting Commissioner of Behavioral and Community Health in
the event of his/her absence from the County or inability to perform
and exercise the powers and duties of his/her office. In the absence
of a Deputy Commissioner who is duly licensed and entitled to practice
medicine in the State of New York, the Acting Commissioner shall be
the Medical Examiner. Such designation shall be filed with the County
Clerk and the Clerk of the County Legislature and may be revoked at
any time by the Commissioner filing a new written designation and
order of succession. The Acting Commissioner of Behavioral and Community
Health shall have all the powers and perform all the duties of the
Commissioner.
Within the Department of Behavioral and Community Health there
shall be a Director of Weights and Measures III, who shall have the
powers and duties of a county director of weights and measures as
described in Article 16 of the New York State Agriculture and Markets
Law. The Director shall also perform such other and related duties
as required by the Commissioner of Behavioral and Community Health
provided such additional powers and duties deal primarily with services
designed to aid and protect the consumer and are not inconsistent
with the provisions of Article 16 of the New York State Agriculture
and Markets Law.
1.
The Director of Veterans Services shall inform military and naval
authorities of the United States and assist members of the armed forces
and veterans, who are residents of this County, and their families,
in relation to:
a.
Matters pertaining to educational training and retraining services
and facilities;
b.
Health, medical and rehabilitation services and facilities;
c.
Provisions of federal, state and local laws and regulations affording
special rights and privileges to members of the armed forces and veterans
and their families;
d.
Employment and re-employment services;
e.
Other matters of similar, related or appropriate nature;
f.
Assist families of members of the reserve components of the armed
forces and organized militia ordered into active duty to ensure that
they are made aware of and receiving all appropriate support available
to them and are placed in contact with the agencies responsible for
such support, including, but not limited to, the Division of Military
and Naval Affairs and other state agencies responsible for providing
such support;
g.
Perform such other duties as may be assigned by the State Director
of Veterans' Affairs; and
h.
Such other services as may from time to time be allowed or deleted
by state statute, rule or regulation.
2.
The Director of Veterans Services shall also hold the title of the
County Director of Veterans' Service Agency as set forth in Article
17 of the New York State Executive Law and he/she shall be a veteran.
3.
The Commissioner of Behavioral and Community Health, in consultation
with the Director of Veterans Services, may from time to time add
or delete such programs as allowed by statute, rule or regulation.
There shall be a Division of Mental Hygiene under the direction
of such qualified personnel as the Commissioner may appoint. There
shall be within the division a designated Director of Community Services,
who shall be appointed by the Commissioner of Behavioral and Community
Health. At the time of his/her appointment, and throughout his/her
term of office, he/she shall possess the qualifications prescribed
by the Mental Hygiene Law and the New York State Commissioner of Mental
Hygiene, and he/she shall be appointed on the basis of his/her professional
experience and other qualifications for the responsibilities of his/her
office. He/She shall be directly responsible to, and serve at the
pleasure of, the Commissioner of Behavioral and Community Health.
Except as may otherwise be provided in this Charter, he/she
shall have all the powers and perform all the duties conferred or
imposed by law upon a county director of community services.
There shall be within the Department of Behavioral and Community
Health a Mental Hygiene Board, which shall be advisory to the Division
of Mental Hygiene. Its composition, duties and responsibilities shall
be as set forth in the Dutchess County Administrative Code and Mental
Hygiene Law.
The Commissioner of Behavioral and Community Health, subject
to the approval of the County Executive, shall designate in writing,
and in order of succession, the qualified employees who shall be Acting
Director of Community Services in the event of the Director of Community
Services' absence from the County or inability to perform and exercise
the powers and duties of his/her office. Such designation shall be
filed with the County Clerk and the Clerk of the County Legislature
and may be revoked at any time by the Commissioner of Behavioral and
Community Health filing a new written designation and order of succession.
The Acting Director of Community Services shall have all the powers
and perform all of the duties of the Director of Community Services.
