N.Y. Comp. Codes R. & Regs. tit. 14 § 102.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 102.8 - Waiver option for full-time director requirement

(a) The local governmental unit may request that the Inter-Office Coordinating Council waive the requirement that the director of community services be a full-time director, as set forth in section 102.7(a)(1) of this Part.

(b) The request for a waiver shall include a full description of the duties and responsibilities of the other position which the director of community services would hold, shall include a description of any known responsibilities which might cause a conflict between the two positions, shall estimate the amount of time required for the adequate performance of each of the positions and shall include a copy of the code of ethics adopted by the local governmental unit pursuant to General Municipal Law, article 18.

(c) The request shall be submitted, in its entirety, to the Chairperson of the Inter-Office Coordinating Council, who shall provide the other council members with duplicate copies. Each of the members shall review the request within 30 days of receipt and provide his or her recommendation back to the chairperson. The chairperson shall notify the local governmental unit of the determination of the majority of council members.

(d) In making a determination whether to grant the request for a waiver, the members of the Inter-Office Coordinating Council shall consider the following:

(1) Whether the director will have adequate time to competently perform all the functions, duties and responsibilities as the director of community services.

(2) Whether there will be a conflict of interest or incompatibility between the dual positions. In order to determine this, factors which may be considered include, but are not limited to, the following:

(i) Inconsistencies in the functions of the two positions, whereby the position holder could not fully and impartially discharge the duties of both positions without conflict.

(ii) The right of the holder of one position to interfere with the other, such as where one position is subordinate to or subject to audit and review by the other.

(3) Whether the code of ethics adopted by the locality, pursuant to General Municipal Law, article 18, would permit the holding of both positions by one individual.

(e) The director may, as part of his or her responsibilities, serve as director of a mental hygiene facility operated by the local governmental unit, if he or she meets the specific qualifications necessary for such position, without being required to obtain a waiver for such position.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 102.8