Section 13.21. Directors of schools in the office of mental retardation and developmental disabilities

(a) The director of a school in the office of mental  retardation  and
  developmental  disabilities  shall  be appointed by the commissioner and
  shall be its chief executive officer. The director of a school shall  be
  the  director  of the developmental disabilities services office serving
  the areas designated by the commissioner  in  regulation,  and  in  such
  context,  the  term  facility  shall  also  refer  to such developmental
  disabilities services  office.  Each  such  director  shall  be  in  the
  non-competitive  class  and  designated  as  confidential  as defined by
  subdivision two-a of section forty-two of  the  civil  service  law  and
  shall  serve  at the pleasure of the commissioner. Except for school and
  facility officers and employees for which  subdivision  (a)  of  section
  13.19 of this article makes the commissioner the appointing and removing
  authority, the director of a school shall have the power, within amounts
  appropriated  therefor, to appoint and remove in accordance with law and
  applicable rules of the state civil service commission such officers and
  employees of the facility of which he is director as are  necessary  for
  its  efficient  administration.  He  shall  in exercising his appointing
  authority take, consistent with article twenty-three-A of the correction
  law, all reasonable and necessary steps to insure that any  such  person
  so  appointed  has not previously engaged in any act in violation of any
  law which could compromise the health and  safety  of  patients  in  the
  facility  of  which  he is director.   He shall manage the facility, and
  administer  its  personnel  system,  subject  to  applicable  law,   the
  regulations  of  the  commissioner,  and  the  rules  of the state civil
  service  commission.  Before  the  commissioner  shall  issue  any  such
  regulation  or  any amendment or revision thereof, he shall consult with
  the directors of schools in the office regarding  its  suitability.  The
  director  shall  maintain  effective  supervision  of  all  parts of the
  facility and over all persons employed therein  or  coming  thereon  and
  shall  generally  direct  the  care and treatment of patients. Directors
  presently serving at facilities of the office shall  continue  to  serve
  under the terms of their original appointment.
    (b)  Such  director shall have the responsibility of seeing that there
  is  humane  treatment  of  the  patients  at  his  facility  and   shall
  investigate  every  case  of  alleged patient abuse or mistreatment. The
  director shall notify immediately, and in any event within three working
  days the board of visitors of the facility and the mental hygiene  legal
  service  located in the same judicial department as the hospital, school
  or institution of every complaint of patient abuse or  mistreatment  and
  shall  inform  the  board  and  the  mental hygiene legal service of the
  results of his investigation. If it appears that a crime may  have  been
  committed,  the  director  shall  give  notice  thereof  to the district
  attorney or other  appropriate  law  enforcement  official  as  soon  as
  possible, and in any event within three working days.
    (c)  In  any  investigation into the treatment and care of patients or
  the conduct, performance, or neglect of duty of officers  or  employees,
  the  director  of  a  school  in  the  office  of mental retardation and
  developmental disabilities shall be authorized  to  subpoena  witnesses,
  compel   their   attendance,  administer  oaths  to  witnesses,  examine
  witnesses under oath, and require the production of any books or  papers
  deemed relevant to the inquiry or investigation. A subpoena issued under
  this section shall be regulated by the civil practice law and rules.
    (d)  Such  director of a school shall be responsible for the provision
  of community developmental disabilities services, in  those  areas  that
  the  commissioner may assign. Such responsibility shall, consistent with
  article forty-one of this chapter, include the operation of  facilities,

  the development of needed facilities, and the provision of assistance to
  service  providers in such areas and any necessarily related activities.
  All powers and duties as set forth in this section shall apply  to  such
  responsibilities.
    (e)  Each  facility director of the office shall, upon notice from the
  commissioner or upon knowledge that programs of  such  facility  may  be
  contracted   or   terminated,  implement  procedures  to  ensure  timely
  notification to affected employees. Such procedures shall  include,  but
  not be limited to:
    (1)   dissemination   and  posting  of  all  decisions,  policies  and
  procedures with respect to all aspects of such actions and their  impact
  on facility staff; and
    (2) compliance with all requirements and protection of employee rights
  pursuant  to  collective bargaining agreements with the designated legal
  representative of the employees and the civil service law.