N.Y. General Municipal Law § 239-u: Creation of drug abuse prevention council

§ 239-u. Creation of drug abuse prevention council. 1. The local

legislative body of any county, city, town, village or community boards,

as such term is defined in article fifty-two-A of the education law, may

by resolution create one or more drug abuse prevention councils. Such

council shall develop a program of community participation regarding the

control of the use of narcotics and dangerous drugs at the local level.

Such council shall direct itself toward accomplishing the following:

(a) develop and implement community drug abuse prevention programs;

(b) recruit, train, and utilize volunteers from the community to serve

without charge in its programs;

(c) make immediately available to the community, basic knowledge

acquired in the field of drug abuse;

(d) create a climate in which persons seeking assistance in coping

with narcotics and dangerous drug problems can meet, without

embarrassment, with responsible individuals or agencies in a position to

render assistance;

(e) authorize persons approved by the council to contact and counsel

persons within the community suspected of using narcotics and/or

dangerous drugs or those persons allegedly having knowledge of such

usage; and

(f) cooperate with other drug abuse prevention councils, the local

agency as defined in section 83.03 of the mental hygiene law, and with

the state, and federal drug abuse agencies in planning and implementing

local programs staffed by volunteers, for the prevention of drug abuse

among those at risk within the local community.

2. Such council shall consist of not less than three nor more than

seven members who shall be appointed by the local legislative body or

community board for a term not exceeding three years and may include a

member of the clergy, an attorney, a physician or other persons who have

shown an active interest in the problems of drug abuse and,

notwithstanding any inconsistent provision of law, persons under

twenty-one years of age.

3. The presiding officer or chairman of the council shall be

designated by the local legislative body from among the members so

appointed to the council. The local legislative body shall have

authority to remove any member of said council so appointed for cause,

after a public hearing, if requested. A vacancy shall be filled for the

unexpired term in the same manner as an original appointment. The local

legislative body may provide for compensation to be paid to the members

of the council and is empowered and authorized to make such

appropriation as it may see fit for expenses incurred by the council.

Such council may appoint such clerks and other employees as it may from

time to time require with the approval of the local legislative body.

The expenses of the council shall not exceed the appropriation that may

be made therefor by the local legislative body. In the event a town

creates or continues a drug abuse prevention council which develops a

program pursuant to the provisions of this article, the cost thereof

shall be a town charge, provided, however, that in counties with a

population in excess of seven hundred fifty thousand, no tax shall be

levied on real property in a village wholly or partially within such

town for such cost if the village creates and continues a village drug

abuse prevention council. The council may, with the approval of the

local legislative body, apply to the local agency designated to prepare

and implement the comprehensive plan under article eighty-three of the

mental hygiene law, for support from special grants for local volunteer

programs which conform to and are included within the comprehensive

plan.