N.Y. Social Services Law § 65 (2026)

§ 65. County commissioners of public welfare. 1. There shall be a
county commissioner of public welfare in each county public welfare
district who shall administer the public assistance and care for which
the county public welfare district is responsible and shall have general
supervision and care of persons in need in the territory over which he
has jurisdiction.
  2. The county commissioner shall be responsible for the administration
of all the assistance and care for which the county is responsible.
  3. The county commissioner shall act as the agent of the department in
all matters relating to assistance and care administered or authorized
by the town public welfare officers.
  4. The county commissioner shall be appointed in accordance with the
provisions of section one hundred sixteen of this chapter or other
provisions of law relating to the appointment of such commissioner.
  6. (a) A county commissioner is authorized and required to provide
safety net assistance for persons residing or found in a city or town of
the county when in his judgment they are eligible for and in immediate
need of such assistance and either: the city or town public welfare
officer, as the case may be, is absent from his city or town under
circumstances indicating his absence may extend beyond two days and such
officer has no deputy or assistant authorized to grant such assistance
or his or her deputy or assistant is also absent from such city or town
under circumstances indicating his or her absence may also be for a
period of more than two days; or, such county commissioner shall have
appealed to the department, pursuant to section seventy-four-h, the
decision of the social services official of such city or town not to
grant the safety net assistance recommended by such commissioner after
his or her staff shall have investigated the application for assistance
pursuant to the provisions of section one hundred thirty-two. Such
county commissioner may continue to grant safety net assistance in the
former case until the city or town public welfare officer or his or her
deputy or assistant returns to such city or town, and in the latter case
until the department shall have decided the appeal of the county
commissioner.
  (b) Expenditures of a county for safety net assistance pursuant to
this section may be made from county social services funds appropriated
or otherwise made available therefor and shall be subject to
reimbursement by the state in accordance with and to the extent
authorized by section one hundred fifty-three; and the local share of
such expenditures shall become a charge on, and shall be reimbursed to
the county by the city or town which was otherwise responsible for
furnishing the safety net assistance for which the expenditure was made,
provided the county commissioner shall give appropriate written notice
thereof to the appropriate city or town public welfare officer within
thirty days of the date the expenditure was made by the county and
provided further that in the case of an appeal to the department that
such appeal shall be decided in favor of the county.
  7. (a) In the event of a vacancy in the office of county commissioner
of social services the appointing authority may, subject to the
provisions of paragraph (b) of this subdivision, appoint as acting
commissioner of social services any employee of the county social
services agency. Such appointment shall be for no longer than one year.
  (b) Prior to filling a vacancy in the office of county commissioner of
social services the appointing authority shall certify to the state
commissioner of social services: (i) that there is an unavailability of
qualified candidates; (ii) that the district is making continued efforts
to recruit qualified candidates; (iii) that the appointment shall be
effective only until a qualified person becomes available; and (iv) that
a waiver by the appointing authority of any specific qualification
required by section one hundred sixteen of this chapter shall not be
effective without the consent of the state commissioner of social
services.
  (c) The acting commissioner may be paid compensation in addition to
his normal salary during the period of time that he serves as acting
commissioner.
  (d) The acting commissioner shall have the same power as a
commissioner during the period of time that he serves as acting
commissioner.
  (e) Service as an acting commissioner shall in no way affect the
permanent civil service status, or any other employment rights of the
appointee.
  8. Notwithstanding any other law, rule, or regulation to the contrary,
each county commissioner of social services is hereby authorized and
directed to ensure that their social services district allows
individuals submitting an application or other paperwork relating to
public assistance and care to do so electronically.