7.19 - Personnel of the office.

§ 7.19 Personnel of the office.    (a)  The  commissioner  may, within the amounts appropriated therefor,  appoint and remove in accordance with law and applicable  rules  of  the  state  civil  service  commission,  such  officers  and employees of the  office of mental health and facility  officers  and  employees  who  are  designated  managerial  or  confidential pursuant to article fourteen of  the civil service law as are necessary for efficient administration.    (b) The director of a hospital or institute in the office  shall  have  professional  qualifications  and  experience  to  be  prescribed by the  commissioner.    (c) Notwithstanding the provisions of any other law, the positions  of  psychiatrist  III  and  deputy  director  in  any  office  facility,  in  Matteawan state hospital, or in Dannemora state hospital may  be  filled  by  promotion  open  to employees of all such facilities who possess the  minimum qualifications for the  respective  positions.  Promotion  lists  which  are  established  for  those  positions shall be general eligible  promotion lists from which names are certified in  the  order  of  final  earned  ratings  and from which certification shall not be subdivided by  the facility or department in which such persons are  employed.  Nothing  in   this   subdivision  shall  prevent  the  use  of  open  competitive  examinations.    (d)  The  commissioner  shall  establish  regulations  governing   the  personnel administration of the department and its facilities.    (e) The use of volunteers at facilities in the office of mental health  shall   be   encouraged.  The  commissioner  may  establish  regulations  governing such volunteer services.    (f) Where, and to the extent that, an agreement between the state  and  an  employee  organization  entered into pursuant to article fourteen of  the civil service law so provides, the  commissioner  is  authorized  to  implement  the  provisions  of  such  agreement  relating  to discipline  consistent with the terms thereof.