Annual report of the State Board of Charities of the state of New York. v ...

§ 172. Powers and duties of overseer. The overseer of the poor, subject to the regulations and supervision of the commissioner, shall possess all the power and authority of overseers of the poor in the several towns of the county in which the city is situated, and be subject to the same duties, obligations and liabilities. The overseer and his assistants shall have the power to examine under oath any person applying for relief.

§ 173. City owner of supplies. The city shall continue to be the owner of supplies furnished to any poor person or applicant for relief until the same are consumed. If any person to whom the same shall be furnished shall sell or exchange the same for money or intoxicating liquors or in any way dispose of the same other than in the manner directed, such conduct shall be deemed a misdemeanor.

§ 174. Liability of city. Nothing contained in this act shall be deemed to make the city liable for the support or relief of any poor person when it is not otherwise so liable.

Tonawanda, Erie County.

(Note. Commissioner of charities appointed by the mayor for a term of two years at a salary of $500.)

Chapter 357, Laws of 1905.

TITLE XII.

Commissioner of Public Charities.

Section 1. Qualifications.

2. Powers and duties.

3. Monthly reports.

4. Accounts to be audited.

5. No profit from supplies.

Section 1. Qualifications. No member of the common council shall be a commissioner of public charities. Neither shall any person be appointed to the office, who, at the time of such appointment, shall be engaged or interested in business as a grocer, a saloon keeper, or hotel keeper, or in any wise concerned in the

manufacture or sale of spirituous or malt liquors, ale or beer, and in case any person appointed to the office, shall, during his term, become engaged or interested in either of the occupations above specified, his term of office shall thereupon cease, and the office become vacant, and the mayor shall forthwith appoint another in his place.

§ 2. Duties and powers. The commissioner of public charities is hereby invested with all the powers and duties now or hereafter to be prescribed and provided by the general statutes of the state of New York, relating to overseers of the poor in towns, so far as the same is applicable and not inconsistent with this act. It shall be the duty of the commissioner to visit the poor of the city at their several places of abode and examine into their circumstances, and ascertain to what extent they are or may be in need and entitled to permanent or temporary relief. The said commissioners shall require all persons making application for relief to make such application in writing, which shall be preserved by said commissioner, and at the end of each month all such applications made during the month shall be filed with the city clerk. The commissioner of charities shall have power to administer oaths to and examine under oath any person applying to him for relief, and false swearing during such examination shall be deemed wilful perjury. The commissioner shall issue written orders for all means, provisions, and supplies furnished to the poor of the city. He shall not employ any physician. The city shall continue to be the owner of all articles or supplies furnished to any poor person or applicant until the same are consumed. If any person to whom the same shall be furnished shall sell or exchange the same for money, or intoxicating liquor, or in any way dispose of the same other than in the manner directed, such conduct shall be deemed a misdemeanor.

§ 3. Monthly reports. The commissioner shall, at the first regular meeting of the common council in each month, report to the common council under oath in detail, all appropriations, expenditures, temporary relief and allowances made by him as such commissioner during the month preceding, which report shall specify the name and place of abode of each person relieved, the

quality, quantity, and price per pound, or otherwise, as the case may be, of each article ordered or furnished, and from whom obtained; said report shall also contain the names and places of abode of all persons to whom meals or lodgings have been furnished, the number of such meals or lodgings, from whom obtained, or by whom furnished, and the cost of the same. Said reports shall be filed with the city clerk.

§ 4. Accounts to be audited. All charges and accounts against said city for services rendered, acts done, or means, provisions, medicines or supplies furnished under the direction of the commissioner of charities of said city under the provisions of this act, or otherwise, shall be audited by the common council, and paid from the poor fund of said city.

§ 5. No profit from supplies. The commissioner of charities shall not, directly or indirectly, furnish to any person, any groceries, provisions, fuel, medicines, or property belonging to himself, or in which he shall have an interest or be interested, nor shall he be interested in any contract for such purchase of groceries, provisions, medicines, fuel or property; nor shall he receive any commissions upon or for any goods or articles of relief furnished, or on any orders given by him for any such goods, articles or relief. For any violations of any provisions of this section said commissioner shall be removed from office by the mayor, and he shall forfeit to said city a penalty of one hundred dollars for every such violation.

Troy, Rensselaer County.

(Note. -Commissioner of charities appointed by the mayor for a term of two years. Salary fixed by board of estimate and apportionment.)

Chapter 473, Laws of 1906.

ARTICLE X.

Department of Charities.

Section 170. Commissioner; deputy; overseer of poor.

171. Powers and duties of commissioner.

172. Powers and duties of overseer.

173. City owner of supplies.

Section 170. Commissioner; deputy; overseer of poor. The commissioner of charities may appoint, to hold office during his pleasure, a deputy, overseer of the poor, and such other subordinates as may be prescribed by the board of estimate and apportionment. In case of the absence or disability of the commissioner or of a vacancy in the office, the deputy shall discharge the duties of the office until the commissioner returns, his disability ceases or the vacancy is filled. The commissioner, deputy and overseer of the poor, before entering upon the discharge of the duties of their respective offices, shall each execute and file with the city clerk an official undertaking in such penal sum as may be prescribed by the common council.

§ 171. Powers and duties of commissioner. The commissioner of charities shall have the general care, management, administration and supervision of the charities, almshouses, hospitals, houses of correction, orphan asylums and all other similar institutions, the control or government of which belongs or is intrusted to the city. He shall make regulations for the expenditure of the moneys appropriated for the support or relief of the poor and for the general supervision of such expenditures. He shall investigate fully the circumstances of all persons alleged to be destitute or without proper means of support, or without proper guardianship, or who are in danger of becoming or are a public burden in any respect; and also the circumstances of their relatives or other persons whose duty it is to relieve or maintain them or contribute to their support; also to institute and prosecute any and all actions and proceedings authorized by law to compel any and all persons liable for the care, maintenance, education or support of any such destitute or dependent persons to contribute thereto, and to indemnify the city and public against any expenditures on account thereof. He shall also prosecute any and all bonds, undertakings or recognizances given for any of the purposes herein mentioned or in any manner relating thereto. Any and all moneys recovered in any such suit, action or proceeding or otherwise paid to or received by the said commissioner on account of the care, maintenance, relief, education or support of any such persons shall be deposited by the commissioner with the city treasurer as a trust fund, and the same shall be applied and expended by the said com

missioner for the purpose on account of which the same were paid. Any surplus remaining in said fund at the close of the fiscal year shall be treated as an unexpended balance of money appropriated for such department. The commissioner shall furnish to and file with the comptroller a monthly statement in detail of all receipts and expenditures, including the aid and relief granted by him, with the names and addresses of all recipients.

§ 174. Liability of city. Nothing contained in this act shall be deemed to make the city liable for the support or relief of any poor person when it is not otherwise so liable.

Utica, Oneida County.

(Note. Commissioner of charities appointed by the mayor for the term of two years. Salary fixed by board of estimate and apportionment.)