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§ 551. Department; commissioner. a. There shall be a department of
health and mental hygiene, the head of which shall be the commissioner
of health and mental hygiene who shall be appointed by the mayor. The
department shall have and exercise all powers of a local health
department set forth in law. Notwithstanding any other provision of this
charter to the contrary, the department shall be a social services
district for purposes of the administration of health-related public
assistance programs to the extent agreed upon by the department, the
department of social services and the department of homeless services.
Appropriations to the department for mental health, mental retardation
and alcoholism services shall be set forth in the expense budget in
separate and distinct units of appropriation. In determining the annual
amount of city funds to be appropriated by the city for mental health,
mental retardation and alcoholism services, the following provision
shall apply: in the event that the executive budget proposes a decrease
in city funds measured against the budget for the current fiscal year,
as modified in accordance with section one hundred seven, for the units
of appropriation for mental health, mental retardation and alcoholism
services, the executive budget shall not propose a greater percentage
decrease in city funds measured against the budget for the current
fiscal year, as modified in accordance with section one hundred seven,
for the units of appropriation for mental health, mental retardation and
alcoholism services than has been proposed for the units of
appropriation for public health services. If, however, in his or her
discretion, the mayor determines that it is in the city's best interest
to submit an executive budget at variance with the requirements of this
provision, the mayor shall include an explanation of the basis for this
variation as part of the budget message.
b. The commissioner shall be a doctor of medicine and:
(1) hold a degree of master of public health or a degree of master of
business administration with concentration in the health field or a
degree of master of public administration with concentration in the
health field or the equivalent of any one of the specified foregoing
degrees received from a college or university and have had at least five
years' experience in college or university public health teaching, or
(2) have had at least five years' experience in public health
administration.