N.Y. Social Services Law § 34: General powers and duties of the commissioner

§ 34. General powers and duties of the commissioner. 1. The

commissioner of social services shall be the chief administrative

officer of the department.

2. All the administrative and executive powers and duties of the

department shall be vested in the commissioner.

3. The commissioner shall

(a) continue to have, exercise, and perform the functions, powers and

duties conferred by law upon the commissioner of social services;

(b) execute and issue the determinations, decisions, orders, notices,

licenses and certificates of the department as may be required in the

exercise and performance of the functions, powers and duties conferred

upon or vested in the department;

(c) take cognizance of the interests of health and welfare of the

inhabitants of the state who lack or are threatened with the deprivation

of the necessaries of life and of all matters pertaining thereto;

(d) exercise general supervision over the work of all local welfare

authorities;

(e) enforce this chapter and the regulations of the department within

the state and in the local governmental units;

(f) establish regulations for administration of public assistance and

care within the state both by the state itself and by the local

governmental units, in accordance with law;

(g) provide technical assistance, advisory and consultative services

to business, industry and labor to encourage their sponsorship of day

care centers;

(h) in consultation with the department of education, the department

of health, the division for youth, the office for people with

developmental disabilities and the office of mental health, establish

guidelines for the acceptance by social services officials of notices

that children in foster care are at risk of educational placements, as

provided for in subparagraph four of paragraph b of subdivision one of

section forty-four hundred two of the education law. Such guidelines

shall be designed to assure that the social services district receiving

such a notice inquire into the educational needs of the child and the

circumstances of the foster care placement, and to assure that the

social services district responds as appropriate to any request by a

committee on special education to participate in the proceedings of the

committee;

(i) exercise such other powers and perform such other duties as may be

required by law.

4. Notwithstanding any inconsistent provision of the civil service

law, the commisioner may, if he finds that the chief executive officer

of any county or city social services department has failed properly to

perform his duties as required by law or rules and regulations of the

department, present charges and specifications thereof to the appointing

officer or authority of such county or city social services district.

Such appointing officer or authority shall, upon receipt of such charges

or specifications give notice thereof to the chief executive officer of

the social services department and shall make inquiry into the merits of

such specifications at a hearing thereon. The commissioner may present

his evidence at such hearing and recommend removal or other appropriate

sanctions. In the event the appointing authority finds the charges and

specifications made by the comissioner are substantiated, the appointing

officer or authority shall forthwith remove such chief executive officer

or apply other sanctions. Any deputy or other employee of any such

officer may also be removed or sanctioned upon the recommendation of the

commissioner, in the same manner. Such removal or other sanction may not

be appealed to a civil service commission, but may be subject to review

pursuant to article seventy-eight of the civil practice law and rules.

The provisions of this section shall not be deemed to preclude the

exercise of the power of removal or sanction by the officer or authority

having the power of appointment.

5. The commissioner or any official by him authorized so to do

(a) may conduct any inquiry pertinent or material to the discharge of

the duties imposed upon him by law;

(b) is empowered to subpoena witnesses, administer oaths, take

testimony and compel the production of such books, papers, records and

documents as may be relevant to any such investigation.

6. The commissioner may exercise such additional powers and duties as

may be required for the effective administration of the department and

of the state system of public aid and assistance.