NY Soc Serv L § 65 (2021)
2021 New York Laws SOS - Social Services Article 3 - Local Public Welfare Organization; Powers and Duties Title 3 - County Public Welfare Districts 65 - County Commissioners of Public Welfare.

§  65.   County commissioners of public welfare.  1.  There shall be a county commissioner of public welfare  in  each  county  public  welfare district  who  shall administer the public assistance and care for which the county public welfare district is responsible and shall have general supervision and care of persons in need in the territory over  which  he has jurisdiction.   2.      The   county   commissioner   shall  be  responsible  for  the administration of all the assistance and care for which  the  county  is responsible.   3.    The county commissioner shall act as the agent of the department in  all  matters  relating  to  assistance  and  care  administered   or authorized by the town public welfare officers.   4.   The county commissioner shall be appointed in accordance with the provisions of section one hundred  sixteen  of  this  chapter  or  other provisions of law relating to the appointment of such commissioner.   6.  (a)  A  county  commissioner is authorized and required to provide safety net assistance for persons residing or found in a city or town of the county when in his judgment they are eligible for and  in  immediate need  of  such  assistance  and  either: the city or town public welfare officer, as the case may be, is absent  from  his  city  or  town  under circumstances indicating his absence may extend beyond two days and such officer  has  no deputy or assistant authorized to grant such assistance or his or her deputy or assistant is also absent from such city or  town under  circumstances  indicating  his  or  her absence may also be for a period of more than two days; or, such county  commissioner  shall  have appealed    to  the  department, pursuant to section seventy-four-h, the decision of the social services official of such city  or  town  not  to grant  the safety net assistance  recommended by such commissioner after his or her staff shall have investigated the application for  assistance pursuant  to  the  provisions  of section one hundred thirty-two.   Such county commissioner may continue to grant safety net assistance  in  the former  case until the city or town public welfare officer or his or her deputy or assistant returns to such city or town, and in the latter case until the department  shall  have  decided  the  appeal  of  the  county commissioner.  (b)  Expenditures  of  a county for safety  net assistance pursuant to this section may be made from county social services funds  appropriated or   otherwise  made  available    therefor  and  shall  be  subject  to reimbursement by the state  in  accordance    with  and  to  the  extent authorized  by  section one hundred fifty-three; and  the local share of such expenditures shall become a charge on, and shall be  reimbursed  to the  county  by  the  city  or town which was otherwise  responsible for furnishing the safety net assistance for which the expenditure was made, provided the county commissioner shall give appropriate  written  notice thereof  to  the  appropriate city or town public welfare officer within thirty days of the   date the expenditure was made  by  the  county  and provided  further  that in  the case of an appeal to the department that such appeal shall be decided in favor of the county.   7.   (a)   In  the  event  of  a  vacancy  in  the  office  of  county commissioner of social services the appointing authority may, subject to the  provisions  of paragraph (b) of this subdivision, appoint as acting commissioner of social  services  any  employee  of  the  county  social services agency.  Such appointment shall be for no longer than one year.  (b)    Prior to filling a vacancy in the office of county commissioner of social services the appointing authority shall certify to  the  state commissioner of social services:  (i) that there is an unavailability of qualified candidates; (ii) that the district is making continued efforts to  recruit  qualified  candidates;  (iii) that the appointment shall be  effective only until a qualified person becomes available; and (iv) that a waiver by the  appointing  authority  of  any  specific  qualification required  by  section  one  hundred sixteen of this chapter shall not be effective  without  the  consent  of  the  state  commissioner of social services.  (c)  The acting commissioner may be paid compensation in  addition  to his  normal  salary  during  the period of time that he serves as acting commissioner.  (d)    The  acting  commissioner  shall  have  the  same  power  as  a commissioner  during  the  period  of  time  that  he  serves  as acting commissioner.  (e)  Service as an acting commissioner shall  in  no  way  affect  the permanent  civil  service  status, or any other employment rights of the appointee.