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2011 NY Att'y Gen. Rep. & Op. 1 (2011)

handle is hein.nyattgen/nysag0132 and id is 1 raw text is: Mental Hygiene Law §§ 5.01, 5.07(b), 5.07(b)(1), Article 41, 41.01, 41.03(1), 41.03(2), 41.03(3), 41.03(8), 41.05(a), 41.05(e) , 41.05(b) , 41.05(c) , 41.09(a) , 41.11(a), 41.11(b), 41.13(8), 41.13(9), 41.13(11), 41.13(16); Municipal Home Rule Law §§ 10(1)(i), 10(1)(ii)(a); New York State Constitution Article, IX § 2, Article IX § 2(b)(2), Article IX § 2(c)(i), Article IX § 2(c)(i)(1), Article IX § 3(a)(3), Article IX §, 3(d)(1), Article IX § 3(d)(4); County Law 400(4)(a), 475(1), 500(1); Highway Law 100; Arts & Cultural Affairs Law 57.07(1) Mental Hygiene Law § 41.09(a) relates to a substantial state concern, and thus a non-charter county may not legislate inconsistently with it to provide that the county legislature appoint the community services director. February 7, 2011 Robert A. Kent Formal Opinion General Counsel No. 2011-F l New York State Office of Alcoholism & Substance Abuse Services John V. Tauriello Deputy Commissioner & Counsel New York State Office of Mental Health Kerry A. Delaney Deputy Commissioner & Counsel New York State Office of Mental Retardation & Developmental Disabilities New York State Department of Mental Hygiene Inter-Office Coordinating Council 1450 Western Avenue Albany, NY 12203 Dear Messrs. Kent and Tauriello and Ms. Delaney: You have requested an opinion concerning the authority of a non-charter county to change the method of appointing a local director of community services established by the Mental Hygiene Law. You represent the several state offices that, taken together, comprise the Department of Mental Hygiene. Mental Hygiene Law § 5.01. Your responsibilities include the development of statewide comprehensive plans for the provision of state and local services for the mentally ill, the mentally retarded and developmentally disabled, and those suffering from alcoholism and substance abuse. Id. § 5.07(b)(1). Your offices have regulatory jurisdiction over Article 41 of the Mental Hygiene Law. The purpose of Article 41 is to encourage cooperation between state and local government entities in providing local and unified preventive, rehabilitative, and treatment services to these

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