§ 13.19 Personnel of the office; regulations.

(a) The commissioner may, within the amounts appropriated therefor,
appoint and remove in accordance with law and applicable rules of the
state civil service commission, such officers and employees of the
office for people with developmental disabilities as are necessary for
efficient administration. The commissioner shall, in exercising his or
her appointing authority, take, consistent with article twenty-three-A
of the correction law, all reasonable and necessary steps to ensure that
any such person so appointed has not previously engaged in any act in
violation of any law which indicates a propensity to act in a manner
that would compromise the health and safety of individuals with
developmental disabilities.

(b) The director of a hospital or institute in the office shall have
professional qualifications and experience to be prescribed by the
commissioner.

(c) Notwithstanding the provisions of any other law, the position of
deputy director in an office facility may be filled by new hire or by
promotion open to employees who possess the minimum qualifications for
the position.

(c) The use of volunteers in the office for people with developmental
disabilities shall be encouraged. The commissioner may establish
regulations governing such volunteer services.

(d) Where, and to the extent that, an agreement between the state and
an employee organization entered into pursuant to article fourteen of
the civil service law so provides, the commissioner is authorized to
implement the provisions of such agreement relating to discipline
consistent with the terms thereof.