senate Bill S5243

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to mental health and developmental disabilities
May 03, 2011 referred to mental health and developmental disabilities

S5243 - Bill Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง41.09, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Session:
A532

S5243 - Bill Texts

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

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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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5243

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               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.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01696-01-1

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