§ 710. Commissioner of the division of homeland security and emergency services; appointment of the commissioner; powers and duties. 1. The commissioner of the division of homeland security and emergency services (commissioner) shall be appointed by the governor, by and with the advice and consent of the senate, and hold office at the pleasure of the governor.

Terms Used In N.Y. Executive Law 710

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

2. The commissioner, acting by and through the division, shall have the power and duty to:

(a) administer the duties of the division pursuant to this section;

(b) administer such other duties as may be devolved upon the division from time to time pursuant to law;

(c) cooperate with and assist other state and federal departments, boards, commissions, agencies and public authorities in the development and administration of policies and protocols which will enhance the safety and security of the citizens of the state;

(d) enter into contracts with any person, firm, corporation or governmental agency, and do all things necessary to carry out the functions, powers and duties expressly set forth in this article, subject to any applicable laws, rules or regulations;

(e) establish offices, departments and bureaus and make changes therein as he or she may deem necessary to carry out the functions of the division;

(f) subject to the provisions of this article and the civil service law, and the rules and regulations adopted pursuant thereto, the commissioner may appoint other officers, employees, agents and consultants as may be necessary, prescribe their duties, fix their compensation, and provide for payment of their reasonable expenses, all within amounts available therefor by appropriation. The commissioner may transfer officers or employees from their positions to other positions in the division, or abolish or consolidate such positions; and

(g) accept and contract as agent of the state for any gift to support the development and training missions of the division of homeland security and emergency services.

  Previous section
Next section  
 Article 26 Contents