[Added 3-10-2009 by L.L. No. 3-2009]
A.Â
Whenever used in this article, words used in the singular
include the plural, and vice versa, and pronouns used in the masculine
gender also include the feminine, and vice versa.
B.Â
COMMISSIONER
DEPARTMENT
DEPUTY COMMISSIONERS
SECRETARY TO THE COMMISSIONER
As used in this article, the following terms shall
have the meanings indicated:
[Amended 5-19-2009 by L.L. No. 10-2009]
The duly qualified and appointed Commissioner of the Department
of Services for the Aging.
The Town of North Hempstead Department of Services for the
Aging.
The Deputy Commissioners of the Town of North Hempstead Department
of Services for the Aging, who shall generally act for and in place
of the Commissioner.
[Amended 3-27-2012 by L.L. No. 3-2012[1]]
The Secretary to the Commissioner of the Town of North Hempstead
Department of Services for the Aging.
[1]
Editor’s Note: This local law also repealed the former
definition of "Deputy Commissioner for Administration and Support,"
which immediately followed.
A.Â
There is hereby established in the Town of North Hempstead
a Department of Services for the Aging.
B.Â
The chief executive officer and administrative head
of such department shall be the Commissioner, who shall be appointed
by the Town Board for the term fixed by law and at such salary as
may be fixed by the Town Board. The Commissioner shall be appointed
on the basis of his/her administrative and practical experience and
education, as well as such additional standards as may be required
by law or the Town Board. The Commissioner shall be the head of the
Department with power and authority to appoint and remove officers
and employees under his/her jurisdiction in accordance with the Civil
Service Law and other applicable laws. He/She may appoint two exempt
Deputies and one Secretary to the Commissioner.
[Amended 5-19-2009 by L.L. No. 10-2009; 3-27-2012 by L.L. No. 3-2012]
C.Â
Before entering upon the duties of office, the Commissioner
shall execute and file with the Town Clerk an official undertaking,
if the same is required by the Town Board, in such sum as is prescribed
by the Town Board and in such form as is approved by the Town Attorney.
A.Â
The Commissioner shall have such powers as shall be
necessary for the proper administration of the Department consistent
with applicable provisions of law.
A.Â
The powers and duties of such divisions therein shall
be under the administration, direction and control of the Commissioner
of the Department of Services for the Aging, and each of said divisions
shall be supervised by a division head.
B.Â
The Commissioner may, with the approval of the Town
Board, establish, consolidate or abolish any divisions now existing
or hereafter created in said Department and establish, consolidate
or abolish any bureau now existing or hereinafter created in any such
division.
C.Â
The powers and duties of the divisions shall be as
follows:
[Amended 5-19-2009 by L.L. No. 10-2009]
(1)Â
The Division of Project Independence shall be
responsible for the development, management and support of programs
for aging residents, especially those designed to allow residents
to remain in their homes and communities, rather than move into nursing
homes, long-term-care facilities or other similar centralized centers
for the elderly. This Division shall work closely with other governments,
not-for-profits and private agencies and organizations to facilitate
the delivery of specialized services to age-eligible residents, including
but not limited to needs assessments, health education and monitoring
and social supports which will enable them to continue to live independently
within the Town.
(2)Â
The Division of Administration and Support shall
oversee the financial, grant, administrative and personnel support
connected to all aspects of the Department of Aging and its mission
to support the aging population in the Town of North Hempstead.
D.Â
The Commissioner, acting by and through any of said
existing or hereafter named divisions, shall be empowered to perform
such other duties and functions that are prescribed to be performed
by him/her in any law, ordinance or resolution of the Town Board or
lawful directive of the Supervisor. However, the Commissioner may
delegate any of his/her powers to or direct any of his/her duties
to be performed by a Deputy Commissioner or head of a division.
All costs and expenses incurred by the Department
or its officers or employees on behalf of a special improvement district
or special Town project shall be charged against such district or
project and paid from the funds duly appropriated for the purpose
of such district or project.
Nothing herein contained shall be construed to delegate or transfer any power of the Town Supervisor contained in §§ 29, 52 and 125 of the Town Law of the State of New York or any other powers which may be lawfully exercised by said Supervisor.
The Commissioner may establish, subject to Town
Board approval, a schedule of fees to be collected by him for services
rendered in connection with the work of his Department and for which
he deems it necessary to charge and collect a fee therefor.
If any section, provision or part thereof in
this article shall be adjudged invalid or unconstitutional by a court
of competent jurisdiction, then such adjudication shall not affect
the validity of the article as a whole or any section, provision or
part thereof not so adjudged invalid or unconstitutional.
This article shall be effective immediately
upon filing with the Secretary of State.
