Montgomery County Seal!RESOLUTION NO. 296 of 2023

DATED: December 26, 2023
     

RESOLUTION ADOPTING INTRODUCTORY LAW J (LOCAL LAW 9 OF 2023) - A LOCAL LAW ESTABLISHING THE DUTIES OF THE DEPUTY COMMISSIONER OF HEALTH AND HUMAN SERVICES (COUNTY LEGISLATURE)


Resolution by Legislator:   Pepe
Seconded by: Wilson

WHEREAS, Montgomery County is in the process of restructuring the Department of Social Services to increase efficiencies and improve workflow; and

WHEREAS,  part of this restructuring is transferring the duties of the Deputy Commissioner of Social Services to the Deputy Commissioner of Health and Human Services; and

WHEREAS, a copy of this local law in final form has been on the desks of the Montgomery County Legislature for seven days, excluding Sundays.

NOW THEREFORE BE IT RESOLVED, that Introductory Local Law J (Local Law 9 of 2023) entitled "A Local Law Establishing the Duties of the Deputy Commissioner of Health and Human Services" hereby is adopted and is incorporated as follows:

Be it enacted by the Montgomery County Legislature as follows:

Section 1: 

The purpose of this local law is to establish the duties of the Deputy Commissioner of Health and Human Services.

Section 2:

The Deputy Commissioner of Health and Human Services shall assume all the duties held by the Deputy Commissioner of Social Services as set forth in law.

Section 3:

The Deputy Commissioner of Health and Human Services, during the absence or inability of the Commissioner of Health and Human Services, shall perform the powers and duties of the office of Commissioner of Health and Human Services as set forth in Social Services Law §65, County Law §750 and Article 10 of the Montgomery County Charter.

 

Section 4:

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.  

Section 5:

To the extent that this local law is inconsistent with any other laws or regulations, including the Montgomery County Charter, it shall supersede those laws.  

Section 7:

This law shall be effective upon filing with the Secretary of State.

RESOLUTION VOTE, passed with Aye(8). Legislator VACANT was absent. (12/26/2023)


Statement of Legislative and Financial Impact:

I. Nature of Request:

A local law to establish the duties of the Deputy Commissioner of Health and Human Services.


II. Justification:

Part of the ongoing restructuring of the Department of Social Services.


III. Legislative Impact:

Authorized pursuant to Article 2 of the Montgomery County Charter.


IV. Financial Impact:

Budgeted in the 2024 Operating Budget. This local law is to establish the powers and duties of the position.



cc: County Clerk
County Treasurer

Voting Record
Kelly (R) Yes 
Sweet (R) Yes 
Allen (D) Yes 
Headwell, Jr. (R) Yes 
Wilson (R) Yes 
VACANT (D) Absent 
Pepe (R) Yes 
Kowalczyk (D) Yes 
Purtell (D) Yes 
     
STATE OF NEW YORK County of Montgomery ss.:

      This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 26th day of December, 2023, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof.
      IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 23rd day of January, 2024


Totals:Aye: 8
Nay: 0 
Abstained: 0
Absent: 1



County Executive took no action on this resolution.
This resolution was enacted on 1/22/2024