Article 12 - Department of Social Services - Code

Section 12.01 Department of social services; commissioner.

The department of social services shall be headed by a commissioner. She or he shall be appointed on the basis of her or his administrative experience and qualifications for the duties of the office consistent with NYS Social Services Law.

Section 12.02 Powers and duties.

a. The commissioner of social services shall have all the powers and duties heretofore or hereafter lawfully conferred or imposed upon her or him by the county charter, by local law, by order or direction of the county executive, or by any applicable provision of any act of the legislature not inconsistent with the county charter or this code. Such powers and duties shall include but shall not be limited to any power or duty conferred or imposed upon a county commissioner of public welfare under the social welfare law or any other applicable law.

Section 12.03 Deputy commissioners.

The commissioner of social services, within the limits of the appropriations provided therefore, have the power to appoint such deputies, officers, assistants and employees as she or he may deem necessary for the performance of her or his duties. The deputy commissioners shall perform such duties as the commissioner may prescribe. The commissioner shall designate in writing filed in the Erie county clerk's office the order in which such deputies shall exercise the powers and duties of the office in the event of a vacancy or in the absence of the commissioner from the county or her or his inability to perform the duties of her or his office.

Section 12.04 Bond of commissioner.

The commissioner of social services and such of her or his deputies, assistants or employees as the county legislature or the county executive shall require shall each give a surety bond to the county in a sum to be fixed by the county legislature conditioned for the faithful performance of her or his duties, which bond shall be approved as to form by the county attorney and as to sufficiency of surety by the county executive and filed in the office of the county clerk.

Section 12.05 Division of family independence.

The division of family independence shall be headed by a deputy commissioner who shall be appointed on the basis of her or his administrative experience and qualifications for the duties of the office.  In addition to all other duties prescribed by local law, ordinance or resolution of the Legislature or by the commissioner of social services, the deputy commissioner of the division of family independence shall

1. have supervision of social welfare programs administered by the department of social services,
2. supervise and direct the family independence staff,
3. serve as an ex-officio member to the Poverty Committee,
4. assemble data relating to economic hardship.

Section 12.06 Division of family and child well-being. 

The division of family and child well-being shall be headed by a deputy commissioner who shall be appointed on the basis of her or his administrative experience and qualifications for the duties of the office.  In addition to all other duties prescribed by local law, ordinance or resolution of the addition to all other duties prescribed by local law, ordinance or resolution of the Legislature or by the commissioner of social services, the deputy commissioner of the division of family child and family well-being shall

 

1. have supervision of preventive and protective programs administered by the department of social services,
2. supervise and direct the child and family well-being staff,
3. assemble data relating to child and family well-being.

Section 12.07 Poverty advisory board.

The county executive shall appoint a poverty advisory board of seven members as provided for in section 2208 of the charter, at least one of whom shall be a physician licensed to practice in the state of New York and at least one of whom shall be a certified social worker employed in Erie County. Such board shall have and exercise the powers and duties conferred or imposed on such board by the county charter or this code. The poverty advisory board shall, at the request of the commissioner of social services and may on its own initiative, make recommendations and suggestions relative to the qualifications and duties of any of the deputies, officers or employees of the department. The poverty advisory board shall elect annually a chairman, vice-chair and a secretary from among its members. Meetings of the poverty advisory board shall be held at the call of the commissioner of social services or the chairman of such board on three days¹ written notice mailed to the last known address of such board members. Members of the poverty advisory board shall be appointed for a term of five years. Vacancies in the membership of the board occurring otherwise than by expiration of term shall be filled by appointment for the unexpired terms.

Section 12.08 Division of youth services.  

The division of youth services shall be headed by a deputy commissioner who shall be appointed on the basis of her or his experience and qualifications for the duties of the office. The deputy director shall have and exercise all the powers and duties now or hereafter conferred or imposed upon her or him by the county charter, by this code, by order or direction of the county executive and/or the commissioner of social services, or by any other applicable law, not inconsistent with the county charter or this code.



Section 12.09 Youth bureau board. 

The county executive shall appoint twenty one persons to serve without compensation on a youth bureau board for the department of social welfare to advise on matters relating to youth in the county.  Membership shall be proportionately representative of the geographical areas within the county.  The term of office of members of the board shall be two years.  Officers of the board shall be selected by the membership thereof.