ERIE.GOV | Your information resource from the government of Erie County, New York


County Executive Elected Officials County Departments Living In Erie County Visiting Erie County Growing your business in Erie County State and regional municipalities

Article 11 - Department of Social Welfare - Code


Section 11.01 Department of social welfare; commissioner.
  11.02 Powers and duties.
  11.03 Reports.
  11.04 Deputy commissioners.
  11.05 Bond of commissioner.
  11.06 Disposition of unclaimed personal property.
  11.07 Welfare rates and charges.
  11.08 Welfare advisory board.
  11.09  Youth bureau board.

Section 11.01 Department of social welfare; commissioner. The department of social welfare shall be headed by a commissioner. He/she shall be appointed on the basis of his administrative experience and his/her qualifications for the duties of his/her office consistent with NYS Social Services Law.

Section 11.02 Powers and duties. a. The commissioner of social welfare shall have all the powers and duties heretofore or hereafter lawfully conferred or imposed upon him/her by the county charter, by local law, by order or direction of the county executive, or by any applicable provision of any act of the legislature not inconsistent with the county charter or this code. Such powers and duties shall include but shall not be limited to any power or duty conferred or imposed upon a county commissioner of public welfare under the social welfare law or any other applicable law.

Subsection 11.02(b) REPEALED by Local Law No. 9-1989.

Section 11.03 Reports. The commissioner of social welfare shall:

  1. make such reports and furnish such information to the state department of social welfare with respect to the work of the county public welfare district as are required by the social welfare law and by the state department of social welfare;
  2. make an annual report to the county executive and county legislature concerning the work of the county public welfare district and additional reports at such times and covering such matters as the county executive or the county legislature may require;
  3. file copies of any report made by the commissioner pursuant to the provisions of this section with the county executive, the clerk of the county legislature and the welfare advisory board.

Section 11.04 Deputy commissioners. The commissioner of social welfare shall, within the limits of the appropriations provided therefore, have the power to appoint such deputies, officers, assistants and employees as he/she may deem necessary for the performance of his/her duties. The deputy commissioners shall perform such duties as the commissioner may prescribe. The commissioner shall designate in writing filed in the Erie county clerk's office the order in which such deputies shall exercise the powers and duties of the office in the event of a vacancy or in the absence of the commissioner from the county or his inability to perform the duties of his/her office.

Section 11.05 Bond of commissioner. The commissioner of social welfare and such of his/her deputies, assistants or employees as the county legislature or the county executive shall require shall each give a surety bond to the county in a sum to be fixed by the county legislature conditioned for the faithful performance of his/her duties, which bond shall be approved as to form by the county attorney and as to sufficiency of surety by the county executive and filed in the office of the county clerk.

Section 11.06 Disposition of unclaimed personal property. All monies and articles of personal property belonging to a discharged or deceased person in any institution now or hereafter under the jurisdiction of the commissioner of social welfare shall, if unclaimed by such discharged person, or the legal representative of such deceased person, for a period of one year after the discharge or decease of such person, be deemed abandoned, and shall be inventoried and turned over to the Office of the Comptroller. The commissioner shall forthwith pay any monies so unclaimed to the Office of the Comptroller who shall place the same to the credit of the county. Any personal property, other than money, remaining so unclaimed shall be sold at public sale by the Office of the Comptroller and the money derived therefrom shall be credited to the county.

Section 11.07 Welfare rates and charges. The commissioner of social welfare shall when submitting the estimate of revenues and expenditures for the department of social welfare to the budget director include therein recommendations for rates to be paid by the county to hospitals, institutions for the aged, institutions for children, nursing homes, correctional institutions and foster homes and such other rates as may be necessary or required to be paid by the county for services rendered to and the care and maintenance of persons for whom the department of social welfare is responsible under the requirements of the social welfare law or any other applicable law. The recommendations of the county executive as to such rates shall be included in the tentative budget submitted by the county executive to the county legislature pursuant to the provisions of article 18 of this code. The county legislature shall by resolution and as part of the budget procedure determine, fix and establish the rates to be paid by the county for such services.

Section 11.08 Welfare advisory board. The county executive shall appoint a welfare advisory board of seven members, at least one of whom shall be a physician licensed to practice in the state of New York. Such board shall have and exercise the powers and duties conferred or imposed on such board by the county charter or this code. The welfare advisory board shall, at the request of the commissioner of social welfare and may on its own initiative, make recommendations and suggestions relative to the qualifications and duties of any of the deputies, officers or employees of the department. The welfare advisory board shall elect annually a chairman, vice-president and a secretary from among its members. Meetings of the welfare advisory board shall be held at the call of the commissioner of social welfare or the chairman of such board on three days¹ written notice mailed to the last known address of such board members. Members of the welfare advisory board shall be appointed for a term of five years, except that of those first appointed, two shall be appointed for a term expiring December thirty-first, nineteen hundred sixty-one, two for a term expiring December thirty-first, nineteen hundred sixty-two, one for a term expiring December thirty-first, nineteen hundred sixty-three, one for a term expiring December thirty-first,nineteen hundred sixty-four, and one for a term expiring December thirty-first, nineteen hundred sixty-five. Vacancies in the membership of the board occurring otherwise than by expiration of term shall be filled by appointment for the unexpired terms.

Section 11.09 Youth bureau board.  The county executive shall appoint twenty one persons to serve without compensation on a youth bureau board for the department of social welfare to advise on matters relating to youth in the county.  Membership shall be proportionately representative of the geographical areas within the county.  The term of office of members of the board shall be two years.  Officers of the board shall be selected by the membership thereof.

Added by Local Law No. 2009-3.