N.Y. Mental Hygiene Law § 7.19: Personnel of the office

§ 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.