N.Y. MHY Law § 13.19

§ 13.19 Personnel of the office; regulations.\n (a) The commissioner may, within the amounts appropriated therefor,\nappoint and remove in accordance with law and applicable rules of the\nstate civil service commission, such officers and employees of the\noffice for people with developmental disabilities as are necessary for\nefficient administration. The commissioner shall, in exercising his or\nher appointing authority, take, consistent with article twenty-three-A\nof the correction law, all reasonable and necessary steps to ensure that\nany such person so appointed has not previously engaged in any act in\nviolation of any law which indicates a propensity to act in a manner\nthat would compromise the health and safety of individuals with\ndevelopmental disabilities.\n (b) The director of a hospital or institute in the office shall have\nprofessional qualifications and experience to be prescribed by the\ncommissioner.\n (c) Notwithstanding the provisions of any other law, the position of\ndeputy director in an office facility may be filled by new hire or by\npromotion open to employees who possess the minimum qualifications for\nthe position.\n (c) The use of volunteers in the office for people with developmental\ndisabilities shall be encouraged. The commissioner may establish\nregulations governing such volunteer services.\n (d) Where, and to the extent that, an agreement between the state and\nan employee organization entered into pursuant to article fourteen of\nthe civil service law so provides, the commissioner is authorized to\nimplement the provisions of such agreement relating to discipline\nconsistent with the terms thereof.\n