N.Y. Social Services Law § 116: Chief executive officers of local welfare departments; qualifications; appointment and removal; term

§ 116. Chief executive officers of local welfare departments;

qualifications; appointment and removal; term. 1. Any inconsistent

provision of law, notwithstanding, the position of the chief executive

officer of a county or city social services department, whether referred

to as commissioner or by other title, shall be in the non-competitive

class of the civil service, except any which is or may hereafter be in

the competitive class. Appointments to such positions in the

non-competitive class shall be for terms of five years and shall be made

by the appropriate county or city body or officer. However, no person

may be appointed to or serve in any such position who does not meet the

minimum qualifications required therefor by the state commissioner of

social services pursuant to section seventeen.

2. Any inconsistent provision of law, general, special or local,

notwithstanding, the chief executive officer of a county or city social

services department shall also be subject to removal or sanction in

accordance with the provisions of section thirty-four of this chapter.

3. As used in subdivision one "the appropriate county or city body or

officer" shall mean and refer:

(a) in the case of a county, to the board of supervisors thereof,

except when the county has a county executive, county president, county

manager or other officer or board authorized to appoint heads of

administrative departments or the chief executive officer of the social

services department, in which case it shall mean such executive,

president, manager, other officer or board;

(b) in the case of a city, to the mayor, manager, other officer, or

the board having authority to appoint department heads or the chief

executive officer of the social services department.