This chapter shall be known as the social services law.
Section 2. Definitions.
When used in this chapter unless otherwise expressly stated or unless the context or subject matter requires a different interpretation.
1. Department means the state department of social services, provided however that for purposes of titles eleven, eleven-A and eleven-B of article five of this chapter, department means the state department of health, except that in subdivisions two and three of section three hundred sixty-four-i, clause (d) of subparagraph three of paragraph (b) of subdivision two of section three hundred sixty-six, paragraph (b) of subdivision four of section three hundred sixty-six, subdivisions one through five of section three hundred sixty-six-a, subdivision seven of section three hundred sixty-six-a, and section three hundred sixty-eight-c of this chapter and where the context thereof clearly requires otherwise, department means the state department of social services.
2. Board means the state board of social welfare as continued by the executive law.
6. Commissioner means the state commissioner of social services, provided however that for purposes of titles eleven, eleven-A and eleven-B of article five of this chapter, commissioner means the state commissioner of health, except that in clause (c) of subparagraph three of paragraph (b) of subdivision two of section three hundred sixty-six of this chapter and where the context thereof clearly requires otherwise, commissioner means the state commissioner of social services.
7. Social services district means a city or county social services district as constituted by section sixty-one.
8. County commissioner of social services shall mean the county officer, board or commission, by whatever title known, having authority to give the public assistance and care for the administration of which a county social services district is responsible.
9. City commissioner of social services shall mean the city officer, board or commission, by whatever title known, having authority to give the public assistance and care for the administration of which a city social services district is responsible.
10. Commissioner of social services shall mean a city or county commissioner of social services.
14. Social services official shall mean a county commissioner of social services, a city commissioner of social services, a town social services officer or city social services officer to whom the power or duty referred to is assigned under the provisions of this chapter. In any law where reference is made by any title to an official charged with the duty of caring for the poor in a town, city or county, it shall be understood as referring to the one of the above mentioned social services officials on whom the power or duty referred to is conferred under the provisions of this chapter.
15. Public home means an adult care facility or a residential health care facility operated by a social services district. In any law where reference is made by any name to an almshouse maintained at public expense, it shall be construed as referring to a public home.
16. Legislative body means the board or boards empowered to make appropriations for public assistance and care in a county, town or city.
17. Social services department means the division or officer of city government or the office or official or board charged with the authority to administer public assistance or care in the county social services district.
18. Public assistance and care includes family assistance, safety net assistance, veteran assistance, medical assistance for needy persons, institutional care for adults and child care granted at public expense pursuant to this chapter.
19. Public assistance refers to family assistance, safety net assistance and veteran assistance.
* 21. Adult care facility shall mean a family type home for adults, a shelter for adults, a residence for adults, an enriched housing program or an adult home, which provides temporary or long-term residential care and services to adults who, though not requiring continual medical or nursing care as provided by facilities licensed pursuant to article twenty-eight of the public health law or articles nineteen, twenty-three, thirty-one and thirty-two of the mental hygiene law, are by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, unable or substantially unable to live independently. In addition, a residence for adults, enriched housing program or an adult home may provide services to non-residents in accordance with the provisions of section four hundred sixty-one-k of this chapter.
* NB Effective until July 1, 2014
* 21. Adult care facility shall mean a family type home for adults, a shelter for adults, a residence for adults, an enriched housing program or an adult home, which provides temporary or long-term residential care and services to adults who, though not requiring continual medical or nursing care as provided by facilities licensed pursuant to article twenty-eight of the public health law or articles nineteen, twenty-three and thirty-one of the mental hygiene law, are by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, unable or substantially unable to live independently.
* NB Effective July 1, 2014
22. A family type home for adults shall mean an adult care facility established and operated for the purpose of providing long-term residential care and personal care and/or supervision to four or fewer adult persons unrelated to the operator.
23. A shelter for adults shall mean an adult care facility established and operated for the purpose of providing temporary residential care, room, board, supervision, information and referral, and where required by the department or otherwise deemed necessary by the operator, social rehabilitation services, for adults in need of temporary accommodations, supervision and services. Such definition shall not include facilities providing such temporary residential services to fewer than twenty persons, unless such facility is operated by a social services district.
24. A residence for adults shall mean an adult care facility established and operated for the purposes of providing long-term residential care, room, board, housekeeping and supervision to five or more adults, unrelated to the operator. The provisions of this subdivision shall not apply to any housing projects established pursuant to the private housing finance law, the public housing law, the membership corporations law or the not-for-profit corporation law except for those distinct programs operated by such projects which provide supervision and/or personal care and which are approved or certified by the department.
25. An adult home shall mean an adult care facility established and operated for the purpose of providing long-term residential care, room, board, housekeeping, personal care, (either directly or indirectly), and supervision to five or more adults unrelated to the operator. The provisions of this subdivision shall not apply to any housing projects established pursuant to the private housing finance law, the public housing law, the membership corporations law or the not-for-profit corporation law except for those distinct programs operated by such projects which provide supervision and/or personal care and which are approved or certified by the department.
26. A private proprietary residence for adults shall mean a residence for adults, as defined by subdivision twenty-four of this section, which is operated for compensation and profit.
27. A private proprietary adult home shall mean an adult home, as defined by subdivision twenty-five of this section, which is operated for compensation and profit.
28. An enriched housing program shall mean an adult care facility established and operated for the purpose of providing long-term residential care to five or more adults, primarily persons sixty-five years of age or older, in community-integrated settings resembling independent housing units. Such program shall provide or arrange the provision of room, and provide board, housekeeping, personal care and supervision.
29. For purposes of title two, and, where applicable, title one of article seven of this chapter, an operator shall include any natural person or entity which provides or purports to provide residential care and services in an adult care facility.
30. An intermediate care facility shall mean a facility or part thereof approved by the state department of health to provide therein health-related care and services to persons who because of their physical or mental condition, or both, require institutional care and services, in addition to board and lodging, but who do not have such an illness, disease, injury, or other condition as to require the institutional care and services provided only by a hospital or nursing home, providing such facility meets standards of safety and sanitation in accordance with state and federal requirements in addition to those applicable to nursing homes under state law.
31. The term "infant" or "minor" shall mean a person who has not attained the age of eighteen years except with respect to article six of this chapter.
32. "Residential treatment facility for children and youth" shall have the meaning defined in section 1.03 of the mental hygiene law.
33. "Residential care center for adults" shall have the meaning defined in section 1.03 of the mental hygiene law.
35. Indian tribe shall mean those tribes designated as Indian tribes by the bureau of Indian affairs of the federal department of the interior or by the state of New York.
36. Indian child shall mean any unmarried person who:
(a) is under the age of eighteen; or
(b) is under the age of twenty-one, entered foster care prior to his/her eighteenth birthday and remains in care, and who:
(i) is a member of an Indian tribe, or
(ii) is eligible for membership in an Indian tribe, or
(iii) is the biological child of a member of an Indian tribe and is residing on or is domiciled within an Indian reservation.
* 37. "Comprehensive psychiatric emergency program" shall have the meaning defined in section 1.03 of the mental hygiene law.
* NB Repealed July 1, 2012
38. When used in this chapter, the following terms shall have the following meanings, unless otherwise expressly stated or unless the context or subject matter requires a different interpretation:
(a) "Medicaid" or "medical assistance" means title eleven of article five of this chapter and the program thereunder.
(b) "Family health plus" means title eleven-D of article five of this chapter and the program thereunder.
(c) "Child health plus" means title one-A of article twenty-five of the public health law and the program thereunder.
(d) "Medicaid managed care" means Medicaid provided under section three hundred sixty-four-j of this chapter.
(e) "Medicaid fee-for-service" means Medicaid provided other than under Medicaid managed care.
(f) "Verification organization" means an entity, operating in a manner consistent with applicable federal and state confidentiality and privacy laws and regulations, which uses electronic means including but not limited to contemporaneous telephone verification or contemporaneous verified electronic data to verify whether a service or item was provided to an eligible medicaid recipient. For each service or item the verification organization shall capture:
(i) the identity of the individual providing services or items to the medicaid recipient;
(ii) the identity of the Medicaid recipient; and
(iii) the date, time, duration, location and type of service or item.
A list of verification organizations shall be jointly developed by the department of health and the office of the medicaid inspector general.
(g) "Exception report" means an electronic report containing all the data fields in paragraph (f) of this subdivision for conflicts between services or items on the basis of the identity of the person providing the service or item to the medicaid recipient, the identity of the medicaid recipient, and/or time, date, duration or location of service;
(h) "Conflict report" means an electronic report containing all of the data fields in paragraph (f) of this subdivision detailing incongruities in services or items between scheduling and/or location of service when compared to a duty roster.
(i) "Participating provider" means a certified home health agency, long term home health agency or personal care provider with total medicaid reimbursements exceeding fifteen million dollars per calendar year.
Article 2 Department and State Board of Social Welfare
Section 5. Department of social welfare.
The state department of social welfare, provided for in the constitution, is hereby continued.
Section 11. Commissioner of social services.
The chief executive and administrative officer of the department shall be the commissioner of social services, who shall be appointed by the governor with the advice and consent of the senate.
Section 12. Deputy commissioners.
The Commissioner shall appoint and remove at pleasure a first deputy commissioner, and such other deputy commissioners as he shall deem necessary for the proper organization and general classification of the work of the department, each of whom shall be in the exempt class of the civil service.
Section 13. Organization of the department.
The commissioner shall determine the structure of departmental organization.
Section 14. Employees; compensation.
In addition to his deputies, the commissioner may appoint and remove from time to time, in accordance with law and any applicable rules of the state civil service commission, such employees as he may deem necessary for the efficient administration of the department. The compensation of employees appointed by the commissioner pursuant to this section shall be determined by him in accordance with law.
Section 16. Offices of the Department.
The department shall be provided with suitably furnished rooms for its offices. The principal office of the department shall be in the county of Albany.
Section 17. Powers and duties of the commissioner.
The commissioner shall
(a) determine the policies and principles upon which public assistance, services and care shall be provided within the state both by the state itself and by the local governmental units within the limits hereinafter prescribed in this chapter;
(b) make known his policies and principles to local social services officials and to public and private institutions and welfare agencies subject to his regulatory and advisory powers;
(c) in consultation with the civil service commission, establish minimum qualifications for positions in local social services departments and classify such positions according to differing capabilities, skills, responsibilities and education suitable to the various phases of welfare administration, not inconsistent with the standards and guidelines of a duly authorized federal agency, having due regard for recruitment of personnel and the requirements and varying types of communities within the state. Notwithstanding any inconsistent provision of law, rule or regulation, when (i) a position is vacant and not filled for a continuous period of three months, and (ii) provided that no person meeting all the prescribed minimum qualifications is available therefore, the local social services commissioner may, if in accordance with federal standards, waive those qualifications which he deems least essential for such position and make a provisional appointment of a person otherwise qualified therefor;
(d) submit an annual report to the governor and the legislature prior to the fifteenth day of December of each year. Such annual report shall include the following: the affairs of the department and the status of welfare programs in the state with recommendations for the improvement and development of welfare programs; a report on the department's fair hearing system, as required by section twenty-two of this article; a written evaluation report on the delivery of child welfare services in the state, as required by subdivision five of section four hundred seven of this chapter; a report of the operations of the state central register of child abuse and maltreatment and the various local child protective services, as required by section four hundred twenty-six of this chapter; a report on the number and status and the findings of investigations of deaths of children pursuant to subdivision five of section twenty of this chapter; a report on the progress of the development and operation of the child care review system, as required by subdivision nine of section four hundred forty-two of this chapter; commencing before December fifteenth, nineteen hundred eighty-four and terminating on December fifteenth, nineteen hundred eighty-nine, a progress report on the planning and implementation of the teenage services act as required by the provisions of section four hundred nine-m of title four-B of this chapter; an analysis of the information contained in the registry of community facilities, as required by paragraph (b) of subdivision two of section four hundred sixty-three-a of this chapter; and a report on the operation of the child support enforcement program, as required by chapter six hundred eighty-five of the laws of nineteen hundred seventy-five;
(e) work cooperatively with the commissioner of the office of mental health and the commissioner of the office of mental retardation and developmental disabilities to assist the commissioner of education in furnishing integrated employment services to individuals with severe disabilities, including the development of an integrated employment implementation plan pursuant to article twenty-one of the education law;
(f) in conjunction with the commissioner of education, develop and annually review a plan to ensure coordination and access to education for homeless children, in accordance with the provisions of section thirty-two hundred nine of the education law, and monitor compliance of local social services districts with such plan;
(g) require participation of all employees of a child protective service in a training course which has been developed by the office for the prevention of domestic violence in conjunction with the office of children and family services whose purpose is to develop an understanding of the dynamics of domestic violence and its connection to child abuse and neglect. Such course shall:
(i) pay special attention to the need to screen for domestic violence;
(ii) place emphasis on the psychological harm experienced by children whose environment is impacted by familial violence and accordingly explore avenues to keep such children with the non-abusive parent rather than placing them in foster care further traumatizing both the victim and the children;
(iii) provide instruction regarding the scope of legal remedies for the abused parent;
(iv) identify obstacles that prevent individuals from leaving their batterers and examine safety options and services available for the victim;
(v) provide information pertaining to the unique barriers facing certain immigrant women and the options available under the federal Violence Against Women Act;
(vi) analyze procedures available to sanction and educate the abusing partner; and
(vii) emphasize the need for the system to hold the abusing partner responsible by appropriate referrals to law enforcement.
(h) make available on its website all award allocations for request for proposals issued by the office of children and family services upon release of such awards. Such information shall also include all organizations requesting funding and the amounts requested for each request for proposal. The office of children and family services may also include any other information related to each program that it deems appropriate.
(i) exercise such other powers and perform such other duties as may be imposed by law.
Section 20. Powers and duties of the department.
2. The department shall, as provided in this chapter:
(a) administer all the forms of public welfare work for which the state is responsible;
(b) supervise all social services work, as the same may be administered by any local unit of government and the social services officials thereof within the state, advise them in the performance of their official duties and regulate the financial assistance granted by the state in connection with said work;
(c) distribute, reimburse and grant as herein provided the funds appropriated by the legislature for such participation and also such funds as may be received from the federal government for such purpose or purposes.
3. The department is authorized:
(a) to supervise local social services departments and in exercising such supervision the department shall approve or disapprove rules, regulations and procedures made by local social services officials within thirty days after filing of same with the commissioner; such rules, regulations and procedures shall become operative immediately upon approval or on the thirtieth day after such submission to the commissioner unless the commissioner shall specifically disapprove said rule, regulation or procedure as being inconsistent with law or regulations of the department;
(b) in accordance with the provisions of this chapter to make reimbursements of local welfare costs on a participating basis established by law, to advance grants of money for local welfare purposes and to administer a discretionary fund for such purposes within the limit of available appropriations;
(c) to pay such per centum as the legislature shall determine, of the salaries of local administrative personnel as it shall determine to be qualified to perform the duties assigned;
(d) to establish rules, regulations and policies to carry out its powers and duties under this chapter;
(e) to withhold or deny state reimbursement, in whole or in part, from or to any social services district or any city or town thereof, in the event of the failure of either of them to comply with law, rules or regulations of the department relating to public assistance and care or the administration thereof;
(f) to promulgate any regulations the commissioner determines are necessary, in accordance with the provisions of section one hundred eleven-b of this chapter, and to withhold or deny state reimbursement, in whole or in part, from or to any social services district, in the event of the failure of any such district to comply with such regulations relating to such district's organization, administration, management or program. Upon withholding or denying state reimbursement, the commissioner shall notify the temporary president of the senate, the speaker of the assembly and the chairmen of the senate finance committee and assembly ways and means committee;
(g) to formulate plans for the recruitment, utilization and training of volunteers to assist in performing services and other duties in social services districts for the purpose of improving participation in public welfare programs;
(h) for the purpose of the proper administration of programs of public assistance and care, to enter into agreements not inconsistent with federal law, with public agencies responsible for the administration of public assistance and care in any geographically contiguous state, to receive information from such public agencies which is substantially similar to information obtained by the department from the wage reporting system operated by the state department of taxation and finance pursuant to section one hundred seventy-one-a of the tax law and, subject to the approval of the state department of taxation and finance, to provide such public agencies with information obtained from such wage reporting system; provided, however, that no such agreement shall be entered into with a public agency of any geographically contiguous state unless such state has by law established standards of confidentiality which are substantially similar to those contained in this chapter prohibiting the disclosure of such information. Upon receipt of wage information from such public agencies, the department shall furnish such information to the local social services districts;
(i) to assure conformance with federal law, by entering into agreements with the federal social security administration and public agencies in other states responsible for administering the food stamp program or programs under title I, II, IV-A, IV-D, X, XIV, XVI, or XIX of the social security act under which the department will provide such agencies, when required by federal law and only to the extent so required, with data which may be of use in establishing or verifying eligibility for or benefit amounts in such programs or ability to pay support for a person receiving support collection services including data obtained from the wage reporting system operated by the state department of taxation and finance pursuant to section one hundred seventy-one-a of the tax law.
4. The Department shall not withhold state reimbursement from or deny state reimbursement to a social services district, until written notice is given to the commissioner of the social services district affected, except when the reason for the proposed withholding or denying is that such commissioner does not meet the minimum qualifications required for such position, to the body or officer that appointed or purported to appoint such commissioner:
(a) entirely for any period; or
(b) in whole or in part, on ten per centum or more of all the cases in receipt of public assistance in such district in any period; or
(c) in whole or in part, on ten per centum or more of the cases in receipt of a specific category of assistance in such district in any period; or
(d) for any period, in an amount equal to or greater than ten per centum of the state reimbursement otherwise due the district for such period.
5. (a) In the case of the death of a child whose care and custody or custody and guardianship has been transferred to an authorized agency, or the death of a child for whom any local department of social services has an open child protective services or preventive services case, or in the case of a report made to the central register involving the death of a child, the office of children and family services shall (i) investigate or provide for an investigation of the cause of and circumstances surrounding such death, (ii) review such investigation, and (iii) prepare and issue a report on such death, except where a report is issued by an approved local or regional fatality review team in accordance with section four hundred twenty-two-b of this chapter.
(b) Such report shall include (i) the cause of death, whether from natural or other causes, (ii) identification of child protective or other services provided or actions taken regarding such child and his or her family, (iii) any extraordinary or pertinent information concerning the circumstances of the child's death, (iv) whether the child or the child's family had received assistance, care or services from the social services district prior to such child's death, (v) any action or further investigation undertaken by the department or by the local social services district since the death of the child, and (vi) as appropriate, recommendations for local or state administrative or policy changes.
Such report shall contain no information that would identify the name of the deceased child, his or her siblings, the parent or other person legally responsible for the child or any other members of the child's household, but shall refer instead to the case, which may be denoted in any fashion determined appropriate by the department or a local social services district. In making a fatality report available to the public pursuant to paragraph (c) of this subdivision, the department may respond to a child specific request for such report if the commissioner determines that such disclosure is not contrary to the best interests of the deceased child's siblings or other children in the household, pursuant to subdivision five of section four hundred twenty-two-a of this chapter. Except as it may apply directly to the cause of the death of the child, nothing herein shall be deemed to authorize the release or disclosure to the public of the substance or content of any psychological, psychiatric, therapeutic, clinical or medical reports, evaluations or like materials or information pertaining to such child or the child's family.
(c) No later than six months from the date of the death of such child, the department shall forward its report to the social services district, chief county executive officer, chairperson of the local legislative body of the county where the child's death occurred and the social services district which had care and custody or custody and guardianship of the child, if different. The department shall notify the temporary president of the senate and the speaker of the assembly as to the issuance of such reports and, in addition to the requirements of section seventeen of this chapter, shall submit an annual cumulative report to the governor and the legislature incorporating the data in the above reports and including appropriate findings and recommendations. Such reports concerning the death of a child and such cumulative reports shall immediately thereafter be made available to the public after such forwarding or submittal.
(d) To enable the office of children and family services or a local or regional fatality review team to prepare such report, the office of children and family services or a local or regional fatality review team may request and shall timely receive from departments, boards, bureaus or other agencies of the state, or any of its political subdivisions, or any duly authorized agency, or any other agency which provided assistance, care or services to the deceased child such information as they are authorized to provide.
6. The department is directed to seek appropriate approvals from federal officials to permit commissioners of jurors in each social services district to obtain the names and addresses of persons applying for or receiving aid to dependent children, medicaid, or home relief authorized by this chapter for purposes of identifying prospective jurors. Upon receiving such approval or upon determining that no approval is necessary, notwithstanding sections one hundred thirty-six and three hundred sixty-nine of this chapter, the department shall provide lists of such persons to the chief administrator of the courts, appointed pursuant to section two hundred ten of the judiciary law. The lists shall be provided for the sole purpose of integration into lists of prospective jurors as provided by section five hundred six of the judiciary law. The chief administrator of the courts shall upon request provide information from the lists to the commissioner of jurors in each county or, in a county within a city having a population of one million or more, the county clerk of said county, solely for the purpose of compiling lists of prospective jurors for the appropriate county. The lists shall be provided only pursuant to a cooperative agreement between the chief administrator of the courts and the commissioner that guarantees that all necessary steps shall be taken by the chief administrator of the courts, the commissioners of jurors and the county clerks to ensure that the lists are kept confidential and that there is no unauthorized use or disclosure of such lists. Furthermore, the lists will be provided only if the chief administrator of the courts determines that the lists are needed for integration into lists of prospective jurors in one or more counties. Commissioners of jurors and county clerks receiving such lists shall not use any information derived from such list for any purpose other than for the selection of jurors and shall take appropriate steps to see that the confidentiality of such information is maintained.
7. To the extent appropriations are available, the office of children and family services shall conduct a public education campaign that emphasizes zero tolerance for child abuse and maltreatment. Such campaign shall include information about the signs and symptoms of child abuse and maltreatment, the hotline available to report child abuse and maltreatment, and services that are available to assist families with underlying issues that may lead to child abuse and maltreatment including, but not limited to, substance abuse services, domestic violence services, mental health services for adults and services to assist families with children in need of mental health treatment. Such campaign may include, but not be limited to, educational and informational materials in print, audio, video, electronic and other media and public service announcements and advertisements.
8. (a) The office of temporary and disability assistance shall promulgate rules and regulations for the administration of this subdivision. The rules and regulations shall provide for the conditions under which local social services officials determine the placement of applicants for and recipients of public assistance for whom a notice pursuant to section two hundred three of the correction law, has been received and who are:
(i) determined to be in immediate need of shelter; and
(ii) designated a level two or level three sex offender pursuant to article six-C of the correction law.
(b) When making determinations in regard to the placement of such individuals in shelter, local social services officials shall consider the following factors:
(i) the location of other sex offenders required to register pursuant to the sex offender registration act, specifically whether there is a concentration of registered sex offenders in a certain residential area or municipality;
(ii) the number of registered sex offenders residing at a particular property;
(iii) proximity of the entities with vulnerable populations;
(iv) accessibility to family members, friends or other supportive services, including but not limited to locally available sex offender treatment programs with preference for placement of such individuals into programs that have demonstrated effectiveness in reducing sex offender recidivism and increasing public safety; and
(v) investigation and approval of such placement by the department of corrections and community supervision.
Section 20-A. Local personnel; limitations on department's power.
Notwithstanding any inconsistent provision of this chapter, the board, the commissioner or the department, acting singly or in unison, shall not have the power, directly or indirectly to prescribe the number of persons to be employed in any social services district providing the district complies with the minimum federal standards relating thereto.
Section 20-B. Plan for in-home care of senior citizens.
On or before the first day of April, nineteen hundred eighty-two the New York state council for home care services, in consultation with the commissioner of social services and the office for the aging, shall prepare a plan designed to ease the burden of families providing care for elderly parents in the home of the parents or the homes of their families. Recommendations are to be made concerning, but not limited to, tax exemptions and increased availability of supportive services.
Section 20-C. Privatization.
1. Except as otherwise specified in the appropriation for system support and information services program in the office of temporary disability assistance within the department of family assistance, the department shall not enter into any contract with a private entity under which that entity would perform any of the public assistance and care eligibility determination functions, duties or obligations of the department as set forth in this chapter.
(b) Social services districts may enter into a contract or agreement for the performance of functions, duties or obligations required to be performed pursuant to this chapter, however, the collective bargaining representative of employees who normally perform such functions or provide such services for such social services district shall be permitted the opportunity to competitively bid for any contract let pursuant to this section with the overall cost and quality of the proposal being major criteria in the selection.
2. No contract with a contractor for services pursuant to this section shall be entered into by the office or district unless the office or district contracting for such service has:
(a) Provided the certified collective bargaining organization representing the permanent employees affected by the district's exercise of its right to contract out with sixty days advance notice of its intent to contract out for services pursuant to this section;
(b) Considered whether the proposed contract will result in actual cost savings to the office; and
(c) Evaluated and made a favorable determination based upon a required disclosure of information from the potential contractor regarding any final actions relating to (a) the responsibility taken by any contracting agency, law enforcement authority or the department of labor against bidders, contractors or subcontractors and (b) debarments pursuant to express statutory authorization.
3. A contract shall not be approved unless it contains a description of the service quality expectations pursuant to the contract and a description of the method by which the quality of services shall be monitored and evaluated by the district based upon specific performance measures contained in the contract. The proposed contract must include specific provisions pertaining to the qualifications of the staff that will perform the work under the contract. The proposed contract shall contain specific information regarding the actual number of employees to be retained, hours of work, wage rates and associated benefit levels, titles, and job descriptions.
4. Existing rights. Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any other local law or under the applicable collective bargaining agreement.
5. The provisions of this section shall not impair, restrict or otherwise modify applicable restrictions contained in federal law and regulations promulgated thereto.