13.19 - Personnel of the office; regulations.

§ 13.19 Personnel of the office; regulations.    (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  for  people  with  developmental  disabilities  and  school  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  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 use of volunteers at facilities in the office for people  with  developmental  disabilities  shall  be  encouraged. The commissioner may  establish regulations governing such volunteer services.    (e) 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.