Section 65. County commissioners of public welfare

1.  There shall be a
  county commissioner of public welfare  in  each  county  public  welfare
  district  who  shall administer the public assistance and care for which
  the county public welfare district is responsible and shall have general
  supervision and care of persons in need in the territory over  which  he
  has jurisdiction.
    2.      The   county   commissioner   shall  be  responsible  for  the
  administration of all the assistance and care for which  the  county  is
  responsible.
    3.    The county commissioner shall act as the agent of the department
  in  all  matters  relating  to  assistance  and  care  administered   or
  authorized by the town public welfare officers.
    4.   The county commissioner shall be appointed in accordance with the
  provisions of section one hundred  sixteen  of  this  chapter  or  other
  provisions of law relating to the appointment of such commissioner.
    6.  (a)  A  county  commissioner is authorized and required to provide
  safety net assistance for persons residing or found in a city or town of
  the county when in his judgment they are eligible for and  in  immediate
  need  of  such  assistance  and  either: the city or town public welfare
  officer, as the case may be, is absent  from  his  city  or  town  under
  circumstances indicating his absence may extend beyond two days and such
  officer  has  no deputy or assistant authorized to grant such assistance
  or his or her deputy or assistant is also absent from such city or  town
  under  circumstances  indicating  his  or  her absence may also be for a
  period of more than two days; or, such county  commissioner  shall  have
  appealed    to  the  department, pursuant to section seventy-four-h, the
  decision of the social services official of such city  or  town  not  to
  grant  the safety net assistance  recommended by such commissioner after
  his or her staff shall have investigated the application for  assistance
  pursuant  to  the  provisions  of section one hundred thirty-two.   Such
  county commissioner may continue to grant safety net assistance  in  the
  former  case until the city or town public welfare officer or his or her
  deputy or assistant returns to such city or town, and in the latter case
  until the department  shall  have  decided  the  appeal  of  the  county
  commissioner.
    (b)  Expenditures  of  a county for safety  net assistance pursuant to
  this section may be made from county social services funds  appropriated
  or   otherwise  made  available    therefor  and  shall  be  subject  to
  reimbursement by the state  in  accordance    with  and  to  the  extent
  authorized  by  section one hundred fifty-three; and  the local share of
  such expenditures shall become a charge on, and shall be  reimbursed  to
  the  county  by  the  city  or town which was otherwise  responsible for
  furnishing the safety net assistance for which the expenditure was made,
  provided the county commissioner shall give appropriate  written  notice
  thereof  to  the  appropriate city or town public welfare officer within
  thirty days of the   date the expenditure was made  by  the  county  and
  provided  further  that in  the case of an appeal to the department that
  such appeal shall be decided in favor of the county.
    7.   (a)   In  the  event  of  a  vacancy  in  the  office  of  county
  commissioner of social services the appointing authority may, subject to
  the  provisions  of paragraph (b) of this subdivision, appoint as acting
  commissioner of social  services  any  employee  of  the  county  social
  services agency.  Such appointment shall be for no longer than one year.
    (b)    Prior to filling a vacancy in the office of county commissioner
  of social services the appointing authority shall certify to  the  state
  commissioner of social services:  (i) that there is an unavailability of
  qualified candidates; (ii) that the district is making continued efforts
  to  recruit  qualified  candidates;  (iii) that the appointment shall be

  effective only until a qualified person becomes available; and (iv) that
  a waiver by the  appointing  authority  of  any  specific  qualification
  required  by  section  one  hundred sixteen of this chapter shall not be
  effective  without  the  consent  of  the  state  commissioner of social
  services.
    (c)  The acting commissioner may be paid compensation in  addition  to
  his  normal  salary  during  the period of time that he serves as acting
  commissioner.
    (d)    The  acting  commissioner  shall  have  the  same  power  as  a
  commissioner  during  the  period  of  time  that  he  serves  as acting
  commissioner.
    (e)  Service as an acting commissioner shall  in  no  way  affect  the
  permanent  civil  service  status, or any other employment rights of the
  appointee.