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Sponsors
Senator · Senate District 43
No co-sponsors yet.
History
- Referred to mental health and developmental disabilities
- Referred to mental health and developmental disabilities
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.