2023 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.
8. Notwithstanding any other law, rule, or regulation to the contrary,
each  county  commissioner  of  social services is hereby authorized and
directed  to  ensure  that  their  social   services   district   allows
individuals  submitting  an  application  or other paperwork relating to
public assistance and care to do so electronically.