Section 13.19. Personnel of the office; regulations  


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  • (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 retardation and 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 of mental
      retardation and 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.