§ 24 — Removal of municipal civil service commissioners and personnel officers

New York § 24

• Jurisdiction: New York
• Law CVS: Civil Service
• Title B: Organization and Functions of Municipal Civil Service Commissions
• Art. 2: Civil Service Administration

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§ 24. Removal of municipal civil service commissioners and personnel\nofficers. 1. Removal by appointing officer or body. The officer or body\nhaving the power of appointment of the members of a municipal civil\nservice commission or a personnel officer may at any time remove any\nsuch member or personnel officer for cause, after a public hearing, and\nappoint his successor for the unexpired term.\n 2. Removal by state civil service commission. A municipal civil\nservice commissioner or personnel officer may be removed by the state\ncivil service commission for incompetency, inefficiency, neglect of\nduty, misconduct or violation of the provisions of this chapter or of\nthe rules established thereunder, shown after a hearing upon stated\ncharges to be served upon him, and he shall be allowed at least eight\ndays for answering the same in writing. The hearing shall be conducted\nby the state civil service commission or by one of the members thereof\ndesignated in writing by the commission. In case a member of the\ncommission is so designated, he shall for the purpose of such hearing,\nbe vested with all the powers of the commission and shall make a record\nof such hearing which shall, together with his recommendations, be\nreferred to the commission for review and decision. Upon the request of\nthe municipal civil service commissioner or personnel officer against\nwhom the charges are preferred, the commission or the member thereof\ndesignated to hold such hearing shall permit him to be represented by\ncounsel, and shall allow him to summon witnesses in his behalf. The\nburden of proving the charges shall be upon the person alleging the\nsame. Compliance with technical rules of evidence shall not be required.\nThe state civil service commission, by unanimous vote of the three\nmembers, may find such municipal civil service commissioner or personnel\nofficer guilty of the charges or any of them, and, upon such finding,\nwith the written approval of the governor, may remove such municipal\ncivil service commissioner or personnel officer. A municipal civil\nservice commissioner or personnel officer so removed may review such\nremoval in accordance with the provisions of article seventy-eight of\nthe civil practice act.\n 3. Suspension pending determination. Where the state commission has\ncommenced removal proceedings against all or a majority of the members\nof a municipal commission or against a personnel officer, such state\ncommission by unanimous vote of the three members may, with the written\napproval of the governor, suspend such municipal commissioners or\npersonnel officer or a period not exceeding sixty days pending the\ndetermination of such proceedings, and, in such event, the officer or\nbody having the power of appointment of the municipal commissioners or\npersonnel officer involved shall designate, with the approval of the\nstate commission, the persons or person to serve temporarily in the\nplace of such suspended commissioners or personnel officer, as the case\nmay be, pending the determination of such proceedings. If such\ndesignations are not made within a period of ten days after notice from\nthe state commission, the state commission shall make such designations.\nIn the event of the removal of one or more members of a municipal\ncommission or a personnel officer, any person temporarily designated to\nserve in place of a removed commissioner or personnel officer, as the\ncase may be, shall continue to serve until a new commissioner or\npersonnel officer is appointed and qualifies.\n 4. Appointment of successor to removed or resigned commissioner or\npersonnel officer. Whenever a municipal civil service commissioner or\npersonnel officer has been removed by the state civil service\ncommission, or whenever a municipal civil service commissioner or\npersonnel officer shall resign or be removed by the appointing officer\nor body pending an investigation by the state civil service commission\nof the administration of civil service under the jurisdiction of such\nmunicipal commission or personnel officer or pending a hearing by the\nstate civil service commission of charges preferred against such\ncommissioner or personnel officer, the state civil service commission\nshall have exclusive jurisdiction to appoint a person to fill such\nvacancy. Such person so appointed shall hold office as municipal civil\nservice commissioner or personnel officer, as the case may be, for the\nunexpired term of his predecessor and until his successor is appointed\nand qualifies; or in the event that his predecessor is reinstated\npursuant to court order, he shall hold such office only until such\nreinstatement.\n