PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Amendment of section 165-1.1(d)(1) of Title 9 NYCRR.

Youth Bureau Executive Directors.

To eliminate the existing requirement that the executive director be responsible to the municipality's chief executive officer.

9 NYCRR section 165-1.1(d)(1) is amended to read:

(1) Youth bureau shall mean an agency created by a county or city, or town or village with total population of 20,000 or more, and responsible [to the chief executive officer thereof] for the purpose of planning, coordinating and supplementing the activities of public, private or religious agencies devoted in whole or in part to the well-being and protection of youth.

(i) Executive director. Each youth bureau shall have a paid executive director[, appointed by and responsible] with access to the chief executive officer of the municipality as is appropriate to focus attention on youth development issues.

(ii) Each youth bureau shall have a youth board.

(iii) Exceptions. In counties of less than 15,000 youth population, a county youth board may assume the duties of a youth bureau for the purposes of county comprehensive planning. In counties with fewer than 25,000 youth population, a county youth bureau may function with a part-time executive director.

Public Information Office, Office of Children and Family Services, 52 Washington Street, Rensselaer, New York 12144, (518) 473-7793

Same as above.

45 days after publication of this notice.

1. Statutory authority:

Article 19-A of the Executive Law (§§ 411 through 426) governs the provision of State aid for the prevention of delinquency and youth crime, and the advancement of the moral, physical, mental and social well-being of the youth of New York State through youth programs. A "municipality" is defined as a county, city, village or town and may include an Indian reservation. (See Executive Law § 412 (4)) A "youth program" is defined as a youth bureau, recreation project or youth service project. (See Executive Law § 412 (5))

Executive Law § 419 authorizes the Office of Children and Family Services (OCFS) to adopt, amend or rescind all rules and regulations necessary to carry out the provisions of Article 19-A.

2. Legislative objectives:

OCFS regulations at 9 NYCRR Subpart 165-1 govern the establishment and operation of youth bureaus and the administration of state aid for youth programs. 9 NYCRR § 165-1.1(d)(1) sets forth organizational requirements for youth bureaus, including that the executive director of the youth bureau be appointed by and responsible to the municipality's chief executive officer. This requirement was meant to help focus local attention on youth development issues by providing the youth bureau executive director with access to the municipality's chief executive officer.

Instead of prescribing how the executive director is appointed and to whom he or she reports, the amendment requires that the executive director have appropriate access to the chief executive officer. This provides municipalities with more flexibility to reorganize or merge the youth bureau, while retaining the intended local focus on youth development issues.

3. Needs and benefits:

The proposed amendment to 9 NYCRR § 165-1.1(d)(1) eliminates the requirement that the executive director of the youth bureau be appointed by and responsible to the municipality's chief executive officer. Instead, the youth bureau executive director must have appropriate access to the chief executive officer. The amendment offers municipalities the flexibility to reorganize or merge the youth bureau function with another local governmental subdivision so long as the youth bureau executive director has appropriate access to the chief executive officer. This proposal was a result of the OCFS internal agency review process for local government mandate relief under Executive Order # 6.

OCFS regularly receives proposals from municipalities to merge or reorganize the youth bureau function with other governmental subdivisions. The purpose of these mergers and reorganizations is to help municipalities save money by pooling resources and aligning services. To that end, OCFS developed reorganization guidelines that explain OCFS's review protocols, information required from the applicant municipality, and provide examples of previously approved merger and reorganization models. OCFS works with interested municipalities to develop reorganization plans that preserve the integrity of the youth bureau function but offer flexibility to achieve administrative savings. However, accommodating the current regulation by making the youth bureau executive director "responsible to" the chief executive officer of the municipality can be complicated and limits possible reorganizations.

4. Costs:

None. The proposed amendment may result in savings to municipalities by providing more flexibility in structuring the local governmental unit that provides youth development and delinquency prevention services.

5. Local government mandates:

The proposed amendment does not impose any local mandates. In fact, this proposal provides localities with more flexibility and is the result of an internal Executive Order # 6 review of OCFS regulations.

6. Paperwork:

The proposed amendment requires no additional paperwork. A municipality would still apply to OCFS for approval of a proposed merger or reorganization.

7. Duplication:

None. There is no other relevant rule or legal requirement on this topic.

8. Alternatives:

OCFS considered making no changes to the regulation. However, OCFS feels the proposed amendment will provide some mandate relief to municipalities.

OCFS also considered proposing a more comprehensive measure to restructure how youth programs are funded and administered. However, this restructuring could not be accomplished solely through regulatory changes.

9. Federal standards:

There is no relevant federal standard on this topic.

10. Compliance schedule:

The amendment does not require municipalities to change their existing youth bureau structures. However, municipalities may propose a merger or reorganization immediately upon adoption of the amended regulation.

The proposed regulation amends 9 NYCRR § 165-1.1(d)(1), which governs the establishment and operation of municipal youth bureaus. The amendment eliminates the requirement that the executive director of the youth bureau be appointed by, and responsible to, the chief executive officer. Instead, the executive director must have appropriate access to the chief executive officer of the municipality. The existing regulation unnecessarily limits the organizational structures that the municipality can use to provide youth programs.

The rule does not impose any adverse economic impact on local governments. The amendment offers municipalities greater flexibility in reorganizing or merging their youth bureau function with another appropriate local governmental subdivision. These reorganizations may enable municipalities to achieve administrative savings while maintaining services to children, youth and families.

The proposed amendment to 9 NYCRR § 165-1.1(d)(1) eliminates the requirement that the executive director of the youth bureau be appointed by, and responsible to, the chief executive officer. Instead, the executive director must have appropriate access to the chief executive officer of the municipality. The existing regulation unnecessarily limits the organizational structures that the municipality can use to provide youth programs. The definition of “municipality” includes counties and all counties, including rural counties, have youth bureaus.

The rule does not impose any adverse economic effect or any new reporting, recordkeeping and other compliance requirements on public or private entities in rural areas because the program is not mandated by the State.

The amendment offers municipalities greater flexibility in reorganizing or merging their youth bureau function with another appropriate local governmental subdivision. These reorganizations may enable municipalities to achieve administrative savings while maintaining services to children, youth and families.

A full job impact statement has not been prepared for the proposed amendment to 9 NYCRR § 165-1.1(d)(1). The amendment eliminates the requirement that the executive director of the youth bureau be appointed by, and responsible to, the chief executive officer of the municipality. Instead, the executive director must have appropriate access to the chief executive officer. The existing regulation unnecessarily limits the organizational structures that the municipality can use to provide youth programs.

The proposed amendment will not have a measurable impact on any jobs. The amendment offers municipalities greater flexibility in reorganizing or merging their youth bureau function with another appropriate local governmental subdivision. These reorganizations may enable municipalities to achieve administrative savings while maintaining services to children, youth and families.