NYCL AGO 96-13.

• Case Date: March 25, 1996
• Court: New York

New York Attorney General Opinions 1996. AGO 96-13. March 25, 1996Informal Opinion No. 96-13Kevin M. McArdle, Esq. County Attorney County of Lewis P. O. Box 128 Lowville, NY 13367-0128MENTAL HYGIENE LAW §§ 41.03, 41.05, 41.09.The Lewis County Community Services Board may provide a fixed term of office for the director of mental hygiene.Dear Mr. McArdle: You have asked whether the Lewis County Community Services Board may appoint the local mental hygiene director to a term of office and have inquired as to the procedure for such an appointment, if authorized. For background purposes, in order to be eligible for State aid, a county or New York City must establish a local governmental unit, which is defined as an identifiable entity within the local government with responsibility for the provision of services for the mentally ill, the mentally retarded, developmentally disabled persons and those suffering from alcoholism, alcohol abuse, substance abuse or substance dependence. Mental Hygiene Law §§ 41.03(1), (3) and (4), 41.05(a). The services themselves may be provided by a local governmental unit, by a voluntary agency under a contract with a local governmental unit or may be provided through State facilities. Id., § 41.03(3), (4). Each local governmental unit has a community services board with responsibility for the above services and a director as its chief executive officer. Id., § 41.05(b), (c). Local governments with charters may vest policy making functions in the director but in the case of non-charter governments, the policy making functions vest in the board. Id., § 41.05(c). Your concern is section 41.09(a) of the Mental Hygiene Law, which provides as follows:

(a) Charter governments may provide for appointment and removal of directors in a manner authorized by such governments. In all other local governments, the board shall appoint and remove the director.

Lewis County is a non-charter government and, therefore, would fall within the second sentence quoted above. In our view, this provision gives the board responsibility for appointment and removal of the director of mental hygiene but does not establish any particular mechanism or procedure for the appointment or removal. Thus, a community services board can, in our view, utilize this grant of authority to...