Legislation

Search OpenLegislation Statutes
This entry was published on 2022-04-15
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 357
Local veterans' service agencies
Executive (EXC) CHAPTER 18, ARTICLE 17
* § 357. Local veterans' service agencies. 1. County veterans' service
agencies. There shall be established a county veterans' service agency
in each county not wholly included within a city, and there shall be a
county director of each county veterans' service agency. Any county
director hired after the effective date of this statute shall be a
veteran as defined in New York state statute. The chairman of the board
of supervisors of a county, with the approval of the board of
supervisors, shall appoint and may at pleasure remove a county director
of the county veterans' service agency for such county. In a county
having a county president, a county executive or other chief executive
officer, such president or executive officer shall appoint and may at
pleasure remove a county director. The county director may be paid such
compensation as shall be fixed by the appointing officer and the board
of supervisors. The county director shall appoint such assistants and
employees as he may deem necessary, other than those, if any, supplied
by the state; he may prescribe the duties of those appointed by him and
fix their salaries within the appropriations made available for that
purpose by the county and may at pleasure remove any such assistants or
employees. The county director shall have jurisdiction throughout the
territorial limits of the county, including any city therein which does
not have a city veterans' service agency, provided that after the
establishment of a city veterans' service agency in any such city, the
county director shall not have jurisdiction within such city.

2. City veterans' service agency. There may be established a city
veterans' service agency in each city; and there shall be a city
director of each city veterans' service agency which is established. The
mayor of such city, or the city manager in a city of less than one
hundred forty thousand population having a city manager, shall appoint
and may at pleasure remove the city director. A city director may be
paid such compensation as shall be fixed by the mayor or city manager,
as the case may be, empowered to appoint the city director, and the
governing body of the city. The city director may appoint such deputies,
assistants and employees as he may deem necessary other than those, if
any, supplied by the state; he may prescribe the duties of those
appointed by him and fix their salaries within the appropriations made
available for that purpose by the city and may at pleasure remove any
such assistant or employee. A city director shall have jurisdiction
throughout the territorial limits of the city.

3. Accreditation. (a) Current county or city directors within three
years from the effective date of this subdivision shall take all steps
necessary to be accredited as a veterans service organization (VSO)
representative. Accreditation shall mean the authority granted by the
United States Department of Veterans Affairs to assist veterans and
their family members in the preparation, presentation, and prosecution
of claims for benefits pursuant to section 5902 of Title 38 U.S.C. and
section 14.628 of Title 38 Code of Federal Regulations. Once an
application for accreditation is approved by the General Counsel of the
United States Department of Veterans Affairs and the applicant is
notified of this action, the director of the county or city veterans
service agency shall file a copy of the accreditation certificate from
the appropriate veterans service organization with the director of the
division. Such accreditation shall be maintained during the duration of
his or her status as a director of such county or city veterans service
agency. The director of the division may determine that satisfactory
completion of a course or instruction on veterans' benefits approved by
the United States Department of Veterans Affairs and conducted by the
division may fulfill the requirements of this subdivision.

(b) Any county or city director hired after the effective date of this
statute shall take all steps necessary to be accredited as a veterans
service organization (VSO) representative within eighteen months of such
appointment. Accreditation shall mean the authority granted by the
United States Department of Veterans Affairs to assist veterans and
their family members in the preparation, presentation, and prosecution
of claims for benefits pursuant to section 5902 of Title 38 U.S.C. and
section 14.628 of Title 38 Code of Federal Regulations. Once an
application for accreditation is approved by the General Counsel of the
United States Department of Veterans Affairs and the applicant is
notified of this action, the director of the county or city veterans
service agency shall file a copy of the accreditation certificate from
the appropriate veterans service organization with the director of the
division. Such accreditation shall be maintained during the duration of
his or her status as a director of such county or city veterans service
agency. The director of the division may determine that a satisfactory
completion of a course of instruction on veterans' benefits approved by
the United States Department of Veterans Affairs and conducted by the
division may fulfill the requirements of this subdivision.

(c) During the time a director is working toward accreditation
pursuant to paragraphs (a) and (b) of this subdivision, such individual
may provide services to veterans and their family members as defined in
section three hundred fifty-eight of this article other than the
preparation, presentation, and prosecution of claims for benefits under
federal statutes and regulations.

* NB Repealed April 1, 2023