There shall be a Department of Mental Health under the direction of Commissioner of Mental 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, he/she shall possess the qualifications prescribed by the Mental Hygiene Law, the New York State Commissioner of Mental Hygiene, or any other applicable law, and he/she shall be appointed on the basis of his or her professional experience and other qualifications for the responsibilities of his or her office. He or she shall be directly responsible to, and serve at the pleasure of, the County Executive.
[Adopted 8-12-2024 by L.L. No. 1-2024]
The Commissioner of Mental Health shall be the chief administrative officer of the department and shall be designated the county Director of Community Services. 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, the New York State Commissioner of Mental Hygiene, or any other applicable law. 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 or board of mental health or hygiene and a county director of community services, and shall perform such other and related duties required by the County Executive or the County Legislature.
There shall be within the Department of Mental Health a Community Services Board which shall be advisory to the Department of Mental Health. Its composition, duties and responsibilities shall be as set forth in the Dutchess County Administrative Code and Mental Hygiene Law.
The Commissioner of Mental 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, if any, shall have such qualifications as may be required by law. Except as otherwise provided by this Charter, the Administrative Code, or applicable law, all Deputy Commissioners, assistants and employees of the department shall be responsible to, and serve at the pleasure of, the Commissioner.
The Commissioner of Mental Health, subject to approval by the County Executive, shall designate in writing, and in order of succession, starting with a Deputy Commissioner followed by other deputies, if any, and assistants, who shall be Acting Commissioner of Mental Health, and thereby also Acting Director of Community Services, in the event of his/her 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 filing a new written designation and order of succession. Each Acting Commissioner shall, at the time of his/her designation, and throughout his/her term of office, possess the qualifications prescribed by the Mental Hygiene Law, the New York State Commissioner of Mental Hygiene, or any other applicable law. The Acting Commissioner of Mental Health shall have all the powers and perform all the duties conferred or imposed by law upon a county commissioner or board of mental health or hygiene and a county director of community services.