Article 17 - Department of Public Advocacy - Code

Section 17.01 Division for persons with disabilities.

(a) Division established.  Within the department of public advocacy there shall be a Division for persons with disabilities as established by the Erie county charter.

(b)   Director; powers and duties.  There shall be a director of the division for persons with disabilities to be appointed with powers and duties pursuant to provisions of the Erie county charter.

(c)   Advisory board. 

 (1)       The advisory board to the division for persons with disabilities shall be known as the Erie county council for persons with disabilities.  Members of the council shall be appointed by the county executive, subject to confirmation by the county legislature and shall serve without compensation.  Such council shall consist of twelve voting members: six of whom shall be individuals with disabilities or the parent of a child or children with disabilities, with a maximum of three of the preceding members being a non-disabled parent of a disabled child or children; and three of whom shall be appointed from a list of nine representatives nominated by public and private agencies and organizations serving citizens with disabilities of the county.  In addition to the voting members, each public and private agency and organization providing service to the persons with disabilities shall be entitled to designate a non-voting member to the council.  The term of office of voting members of the council shall be two years and the term of the members first appointed shall commence on the first day of the month following the enacting of this law.  A vacancy shall be filled for an unexpired term of a voting member in the same manner as the original appointment.  Officers of the council shall be selected by the voting membership thereof.

 (2)       Meetings of the council shall be held upon the call of the chairman or as specified in a written declaration by a majority of the members of such council but in no event shall less than eight meetings per year be held.

(3)        The council shall be charged with the responsibility of assisting the director in the implementation and performance of those functions and duties set forth in section 1706 of the Erie county charter to hold at least one open meeting annually for purposes of soliciting the comments of the general public regarding the status of services and programs for persons with disabilities in the county.

Section 17.02  Division of Consumer Protection.

1. Division established.  Within the department of public advocacy there shall be a division of consumer protection, the head of which shall be the Director as established by the Erie County Charter. 

1. 1. Within the Division of Consumer Protection there shall be a Bureau of Weights and Measures which shall be headed by the county sealer of weights and measures. He or she shall possess all of the qualifications required for and shall have all the powers and duties of a county sealer of weights and measures now or hereafter granted or imposed by article sixteen of the agriculture and market law of the state of New York, by local law, by ordinance or resolution of the county legislature, by order or direction of the Commissioner of Public Advocacy, and by any applicable provision of any act of the legislature not inconsistent with the county charter.
   2. Wherever and whenever the county sealer of weights and measures is required by any state law to make a report to the county legislature, he or she shall, at the same time, file a copy thereof with the director of consumer protection.
   3. Notwithstanding the provisions of section one hundred eighty of article sixteen of the agricultural and market law, the appointment of a county sealer of weights and measures shall be made by the Commissioner of Public Advocacy.