Bill S5243-2011

Authorizes all local governments to appoint the community service directors who will serve such governments

Authorizes all local governments to provide for the appointment and removal of their directors of community services.

Details

Actions

  • Jan 4, 2012: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • May 3, 2011: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Meetings

Memo

BILL NUMBER:S5243

TITLE OF BILL:

An act to amend the mental hygiene law, in relation to the appointment of directors of community services

SUMMARY OF PROVISIONS:

Section 41.09(a) of the Mental Hygiene Law is amended to authorize counties lacking a County Charter to appoint and remove their County Director of Community Services.

EXISTING LAW:

Currently, Section 41.09(a) of the Mental Hygiene Law only allows Counties with a Charter to appoint or remove a Director of Community Services. In non-Charter counties, the Community Services Board -- not the county government - has that authority.

JUSTIFICATION:

Non-charter county governments have the final authority to approve contracts as well as make final funding decisions, but they lack direct oversight of the Director of Community Services who plays a key role in implementing contracts, overseeing the local service delivery system, developing policy and making funding recommendations.

In other words, non-Charter counties are currently required to accept a manager hired by someone else and aren't given direct managerial control over that manager or the decisions he or she makes.

The arrangement has its origins in a time when people believed that the costs would be borne by the Federal government. As counties have assumed more of the costs, however, its become more important for county governments to have control over their own employees (regardless of whether the county is organized under a Charter or State statute).

This denial of appointment and managerial control in non-Charter counties has led to instances of ongoing conflict between counties and their respective Community Service Boards.

When that's allowed to happen, the ones who suffer the most are the people with disabilities relying upon their county government to ensure that services operate efficiently and effectively.

PRIOR LEGISLATIVE HISTORY:

2009-2010: A.532 - Referred to Assembly Mental Health Committee 2007-2008: A.811 - Referred to Assembly Mental Health Committee 2005-2006: A.153 - Referred to Assembly Mental Health Committee 2003-2004: A.1660 - Referred to Assembly Mental Health Committee 2001-2002: A.508 - Referred to Assembly Mental Health Committee

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5243 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________
Introduced by Sen. McDONALD -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law, in relation to the appointment of directors of community services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 41.09 of the mental hygiene law, as amended by chapter 588 of the laws of 1973 and such section as renum- bered by chapter 978 of the laws of 1977, is amended to read as follows: (a) [Charter] LOCAL governments may provide for appointment and removal of directors in a manner authorized by such governments. [In all other local governments, the board shall appoint and remove the direc- tor.] Salaries and allowable expenses shall be set by the appointing authority. S 2. This act shall take effect immediately.

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