B.
The Commissioner shall be appointed on the basis of
his or her administrative experience and his or her qualifications
for the duties of the office as prescribed by the Social Services
Law and the rules and regulations made pursuant thereto and shall
meet the qualifications for the responsibilities of his or her office
required by the New York State Board of Social Welfare.
The Commissioner of Social Services shall:
A.
Have all the powers and perform all the duties conferred
on or required of a County Commissioner of Social Services under the
Social Services Law or other applicable law.
B.
Manage and supervise such social service institutions
of the County as may be authorized and approved by the County Legislature.
C.
Perform such additional and related duties as the
County Executive may prescribe and be subject to all obligations and
liabilities heretofore or hereafter lawfully granted or imposed by
this code, the Charter, local law, ordinance or resolution of the
County Legislature or any applicable provision of any act of the State
Legislature. He or she shall also perform such other related functions
as the County Legislature or the County Executive may designate in
order to implement and accomplish the policies and responsibilities
the County Legislature has prescribed.
There shall be a Social Services Board consisting
of 15 members, who shall be appointed by the County Executive for
terms of five years, subject to confirmation by the County Legislature.
Of the members first appointed to the Social Services Board, three
shall hold office for terms of one year; three for terms of two years;
three for terms of three years; three for terms of four years; and
three for terms of five years, from and after their appointment. The
composition of membership shall comply with federal and state regulations.
If a vacancy shall occur otherwise than by expiration of a term, it
shall be filled by appointment for the unexpired term. The Chairman
of such Board shall be selected by the members of the Board for a
term of one year. The Board shall advise the County Legislature and
the County Executive in matters relating to the powers and duties
of the Commissioner of Social Services. The members of the Social
Services Board shall further have the power to inspect and review
all facilities and programs of the Department of Social Services,
with or without notice to the Commissioner of Social Services, and
may report and make recommendations to the County Executive, County
Legislature and Commissioner of Social Services. All such reports
shall be deemed public records and available for inspection at the
office of the County Executive at all reasonable times. The Social
Services Board shall also advise and consult with the Capital Projects
Committee with respect to all capital projects necessary for the Department
of Social Services. The Social Services Board shall have and exercise
such other and related duties required by the County Legislature or
the County Executive.
[1]
Editor's Note: See also § C10.03
of the Charter.
On or before March 1 in each year, the Commissioner
of Social Services shall make an annual report for the immediately
preceding calendar year, covering generally the work of his or her
Department. The Commissioner shall make such other reports at such
times as may be required by the County Legislature, County Executive
or any other applicable law. Copies of all reports shall be filed
with the Clerk to the County Legislature and the County Executive.
A.
The Commissioner of Social Services, within the appropriations
provided therefor, shall appoint such officers, assistants and/or
employees in his or her Department, including such actual deputy positions
as may be authorized and budgeted, as shall be authorized by the County
Legislature. All Deputy Commissioners of Social Services shall serve
at the pleasure of the Commissioner of Social Services, subject to
all applicable provisions of New York State law.
B.
The Commissioner of Social Services shall designate
and deputize a deputy or deputies to whom shall be delegated all the
powers and duties of the Commissioner of Social Services and the authority
to act generally for and in place of said Commissioner of Social Services.
C.
The designation or designations shall be in writing
and shall designate the relative rank of the deputies, including the
order of temporary succession to the duties of the Commissioner of
Social Services during absence, disability or otherwise and also may
delegate among them such powers and duties as he or she may determine.
The designation(s) and delegations shall be in writing and filed in
the Department of Records, and copies thereof shall be filed with
the Clerk to the County Legislature and with the County Executive.
The Commissioner shall, when submitting the
estimate of revenues and expenditures for the Department of Social
Services, include therein a statement of the rates fixed by the state
to be paid by the County to hospitals, institutions for the aged,
institutions for children, nursing homes, correctional institutions
and foster homes and other institutions and a recommendation as to
any rates not fixed by the state to be paid by the County for services
rendered for the care and maintenance of persons for whom the Department
of Social Services is responsible. Such rates, once approved by the
County Executive, shall be included in the tentative budget. The County
Legislature shall, by resolution and as part of the budget procedure,
approve the rates fixed by the state and determine, fix and establish
the rates to be paid by the County for services where the rates are
not fixed by the state.
All moneys to which the Social Services Department
may be entitled under and by virtue of the laws of the State of New
York, or which the Commissioner may receive for services performed
by his or her Department, shall belong to said Department and shall
be collected by such Commissioner, accounted for and paid over to
the Commissioner of Finance by a written statement within 10 days
after the expiration of each month. Each monthly statement shall have
attached thereto a certification by said Commissioner to the effect
that the same is in all respects a full and true statement of all
such moneys received by him or her for the preceding month. At the
time of rendering any such statement, the Commissioner shall pay to
the Commissioner of Finance all moneys received by him or her since
the last preceding monthly statement. Other funds or fees collected
by the Commissioner shall be paid over and reported to the Commissioner
of Finance as above provided, except where otherwise specifically
provided by statute.
The County Legislature shall have the power,
by resolution, local law or ordinance, to establish such rules, regulations
and charges not inconsistent with laws relating to the Social Services
Department as it may deem necessary. Any such rules, regulations or
charges so established shall become valid upon their being filed with
the County Executive, the Commissioner of Social Services and the
Department of Records.
