Legislation
SECTION 7.19
Personnel of the office
Mental Hygiene (MHY) CHAPTER 27, TITLE B, ARTICLE 7
§ 7.19 Personnel of the office.
(a) The commissioner or his or her designee 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 of mental health as are necessary for
efficient administration and shall administer the office's personnel
system in accordance with such law and rules. In exercising the
appointing authority, the commissioner shall take all reasonable and
necessary steps, consistent with article twenty-three-A of the
correction law, to ensure that any such person so appointed has not
previously engaged in any act in violation of any law which could
compromise the health and safety of patients.
(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 positions of
psychiatrist III and deputy director in any office facility, in
Matteawan state hospital, or in Dannemora state hospital may be filled
by promotion open to employees of all such facilities who possess the
minimum qualifications for the respective positions. Promotion lists
which are established for those positions shall be general eligible
promotion lists from which names are certified in the order of final
earned ratings and from which certification shall not be subdivided by
the facility or department in which such persons are employed. Nothing
in this subdivision shall prevent the use of open competitive
examinations.
(d) The commissioner shall establish regulations governing the
personnel administration of the department and its facilities.
(e) The use of volunteers at facilities in the office of mental health
shall be encouraged. The commissioner may establish regulations
governing such volunteer services.
(f) 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.
(a) The commissioner or his or her designee 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 of mental health as are necessary for
efficient administration and shall administer the office's personnel
system in accordance with such law and rules. In exercising the
appointing authority, the commissioner shall take all reasonable and
necessary steps, consistent with article twenty-three-A of the
correction law, to ensure that any such person so appointed has not
previously engaged in any act in violation of any law which could
compromise the health and safety of patients.
(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 positions of
psychiatrist III and deputy director in any office facility, in
Matteawan state hospital, or in Dannemora state hospital may be filled
by promotion open to employees of all such facilities who possess the
minimum qualifications for the respective positions. Promotion lists
which are established for those positions shall be general eligible
promotion lists from which names are certified in the order of final
earned ratings and from which certification shall not be subdivided by
the facility or department in which such persons are employed. Nothing
in this subdivision shall prevent the use of open competitive
examinations.
(d) The commissioner shall establish regulations governing the
personnel administration of the department and its facilities.
(e) The use of volunteers at facilities in the office of mental health
shall be encouraged. The commissioner may establish regulations
governing such volunteer services.
(f) 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.