New York Commissaries.
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§ 9-118 Commissaries. a. The commissioner of correction may establish
a commissary in any institution under the commissioner's jurisdiction
for the use and benefit of the inmates and employees thereof. All moneys
received from the sales of such commissaries shall be paid over
semi-monthly to the commissioner of finance without deduction. Except as
otherwise provided in this subdivision, the provisions of section 12-114
of the code shall apply to every officer or employee who receives such
moneys in the performance of his or her duties in any such commissary.
The accounts of the commissaries shall be subject to supervision,
examination and audit by the comptroller and all other powers of the
comptroller in accordance with the provisions of the charter and code.
b. All moneys received from the sales from such commissaries shall be
kept in a separate and distinct fund to be known as the commissary fund.
Such fund shall be used for:
1. The purchase of all merchandise for resale in such commissaries;
2. The purchase of supplies, materials, and equipment for such
commissaries;
3. The furnishing of work or labor to be done for such commissaries;
and
4. All other costs and expenses of operating such commissaries other
than the salaries of officers and employees employed in such
commissaries.
c. Any surplus remaining in the commissary fund after deducting all
items described in subdivision b hereof shall be used for the general
welfare of the inmates of the institutions under the jurisdiction of the
department of correction. In the event such fund at any time exceeds one
hundred thousand dollars, the excess shall be transferred to the general
fund.
d. All expenditures for items described in paragraph one of
subdivision b of this section shall be made upon vouchers issued by the
commissioner of correction and subject to audit by the comptroller. All
other expenditures described in subdivision b and subdivision c of this
section shall be made by the commissioner in accordance with schedules
approved by the mayor or of the director of the budget acting in
accordance with a delegation of power from the mayor. All supplies,
materials, equipment and merchandise to be furnished and all work or
labor to be done, the cost of which is payable from the commissary fund,
shall be furnished or provided in accordance with the provisions of
chapter one of title six of the charter and of the code.
e. The salaries of the employees of such commissaries shall be fixed
by the mayor.
f. Any officer or employee, whose duties in connection with the
commissary fund involve possession of or control over funds, shall
execute a bond to the city for the faithful performance of his or her
duties in such sum as may be fixed and with sureties to be approved by
the comptroller.