N.Y. Social Services Law § 194: Powers and duties of commissioners of public welfare in relation to public homes

§ 194. Powers and duties of commissioners of public welfare in

relation to public homes. Commissioners of public welfare shall

1. be responsible for the management of the home and for the care of

its incarcerated individuals,

2. have control of the admission and discharge of incarcerated

individuals of the home,

3. within the limits of the appropriations made for the purpose,

appoint qualified physicians, matrons, nurses, officers and employees,

and vest in them such powers as he may deem necessary for the management

of the home,

3-a. have the authority, in the event the home includes an infirmary

for the care of chronically sick patients, to enter into contracts,

subject to the written approval of the department, with any medical

school or non-profit hospital, organized pursuant to the laws of the

state of New York, whereby such medical school or non-profit hospital

shall agree to provide and supervise all or part of the professional and

related staff necessary for the operation of the infirmary. The

personnel so provided by such medical school or non-profit hospital

shall not be deemed to be employees of the public welfare district.

4. purchase all furniture, implements, food, materials and equipment

necessary for the upkeep of the home and for the care of the needy in

the home, unless such powers have been vested in some other purchasing

agency,

5. classify the incarcerated individuals of the home, and provide the

type of care best fitted to their needs and carry out the

recommendations of the attending physician in regard to their care,

6. establish rules for the administration of the public home and for

the conduct and employment of the incarcerated individuals thereof; but

such rules shall not be valid unless approved in writing by the

department,

7. as far as practicable provide suitable employment for any

incarcerated individual whom the attending physician pronounces able to

work, assigning such incarcerated individuals to such labor in

connection with the farm and garden, or the care and upkeep of the

buildings or other suitable tasks in the public home as they may be

deemed capable of performing, and providing occupational and other

diversions as may be for the best interests of the incarcerated

individuals,

8. when in their individual judgment and discretion it appears

advisable, for purposes of rehabilitation, to provide incentive

compensation to an incarcerated individual, in any amount or amounts

totalling ten dollars or less per month, for work assigned and performed

in or about the public home, farm and garden; but the payment of any

such reward shall not be deemed, for the purposes of any law, to make

the incarcerated individual receiving the same an employee of the public

home or of the county or city maintaining such home,

8-a. deposit as prescribed in section eighty-seven of this chapter,

any and all moneys received by him or her for the use of a particular

incarcerated individual or incarcerated individuals of the public home,

9. when an appropriation is made for the purpose, appoint a

superintendent of the public home who shall reside thereat and exercise

such of the powers and carry out such of the duties above mentioned in

connection with the public home as the commissioner may direct;

provided, however, that the legislative body of the county or city

within which a public welfare district is located may, if adequate

supervisory personnel are on duty at all times, permit the

superintendent to reside off the premises of the public home,

10. reside at the public home unless a superintendent has been

appointed as above provided; provided, however, that the local

legislative body of the county or city within which a public welfare

district is located may, if adequate supervisory personnel are on duty

at all times, permit the commissioner to reside off the premises of the

public home.