§ 1530 — County real property tax service agency; director

New York § 1530

• Jurisdiction: New York
• Law RPT: Real Property Tax
• Title 1: County Services to Cities and Towns
• Art. 15-A: County and State Assessment Services

Text

§ 1530. County real property tax service agency; director. 1.\nSelection and term of office. In each county that does not assess real\nproperty for purposes of taxation, except a county wholly within a city,\nthere shall be a real property tax service agency. The head of such\nagency shall be the director of real property tax services, who shall\nhave a six year term of office commencing on October first, nineteen\nhundred seventy-one and on October first of each sixth year thereafter.\nThe director shall be appointed by the legislative body of the county\nexcept that in a county in which heads of departments are appointed by\nthe county executive or county manager, such director shall be appointed\nby such county executive or county manager. Any resident of the state,\notherwise eligible for appointment as director of real property tax\nservices, may be appointed director of real property tax services.\n 1-a. In the event that a director of real property tax services,\nappointed pursuant to the provisions of this section, is unable to\nperform the duties of the office of director of real property tax\nservices or the office becomes vacant, the appointing authority may by\nresolution designate or appoint an acting director of real property tax\nservices. Where an acting director of real property tax services is\ndesignated or appointed pursuant to this section, the appointing\nauthority shall notify the commissioner within fifteen days of making\nsuch designation or appointment. The acting director of real property\ntax services shall function as director of real property tax services\nuntil such time as the director of real property tax services is able to\nresume the position or until a replacement is appointed. In the event an\nacting director of real property tax services functions as director of\nreal property tax services for more than six months, then such acting\ndirector of real property tax services shall be required to meet the\nminimum qualification standards and to obtain certification as required\nby this title for persons appointed to the office of director of real\nproperty tax services.\n 2. Classification. The position of director of real property tax\nservices shall be classified in the noncompetitive class of the civil\nservice, except where the county legislative body determines the\nposition to be full-time and such body requests that the position be\nclassified in the competitive class.\n 3. Qualifications and training. a. Minimum qualification standards.\nThe director of real property tax services shall be appointed on the\nbasis of his knowledge of principles and methods relating to the\nassessment of real property and his executive and administrative\nexperience. No person shall be eligible for appointment as director\nunless he meets the minimum qualification standards established for such\noffice by the commissioner.\n b. Required training. A person who takes office as director of real\nproperty tax services shall complete the basic course of training\nprescribed by the commissioner within four years after he or she\ncommences his or her term of office. The curriculum of such basic\ntraining course shall include but not be limited to assessment\nadministration; the fundamentals of real property and land appraisal;\nfundamentals of tax mapping; mass appraisal techniques; industrial\nappraisal; exemption administration; tax collection and enforcement; and\nother topics relevant and important to assessing functions; provided,\nhowever, any such person who successfully demonstrates to the\ncommissioner satisfactory competence in the subject matter of the basic\ncourse of training shall not be required to complete the same. Directors\nof real property tax services shall, in addition to the basic course of\ntraining, also complete courses in a continuing training and education\nprogram as shall be prescribed by the commissioner under the provisions\nof this article.\n c. Orientation. Within one month of commencing a term of office, any\ncounty director who has not obtained commissioner certification pursuant\nto this section shall attend a one day orientation course prescribed by\nthe commissioner. Such orientation course shall be designed to provide\nthe prospective county director with a general knowledge of the\nresponsibilities of the county director and a general understanding of\nthe appropriate state and local government structure. No county director\nshall continue in office or receive compensation where the commissioner\ndetermines that he or she has failed to file with the clerk of the\ncounty a certificate of attendance of the orientation course.\n d. Interim certification. At least once during each twelve month\nperiod preceding the date by which the commissioner requires permanent\ncertication pursuant to this section, each county director must obtain\nan interim certification from the commissioner. Such interim\ncertification shall evidence satisfactory progress in obtaining\npermanent certification by successful completion of one or more\ncomponents of the required training. The commissioner shall transmit\nsuch interim certificate to the county director and to the appropriate\ncounty clerk for filing.\n e. Failure to complete required training. (1) Such director of real\nproperty tax services shall not continue in office unless within the\napplicable period specified in paragraph b of this subdivision, he or\nshe shall have filed with the clerk of the county a certificate of the\ncommissioner stating that he or she has completed the basic course of\ntraining and education prescribed by the commissioner. The county\ndirector must also complete prescribed courses in a continuing training\nand education program as required in paragraph b of this subdivision.\n(2) In the event a director does not file such statement, interim\ncertificate, certificate, or a temporary certificate issued pursuant to\nthis paragraph, or does not complete such prescribed courses in a\ncontinuing training and education program, the commissioner shall\nconduct a hearing upon notice to the director and the clerk of the\ncounty for which he serves. If, after such hearing, the commissioner\nfinds that the director has failed to comply with the provisions of this\nsubdivision, such appointment shall be revoked and the appointing\nauthority shall appoint a successor for the balance of the unexpired\nterm, subject to all applicable provisions of this article. Such hearing\nshall be conducted within the county for which the director serves no\nlater than thirty days after delivery of such notice. (3) In the event\nthat a director shall have been unable to enroll in or complete such\nbasic course of training and education for reasons beyond his or her\ncontrol, the commissioner may issue a temporary certificate enabling the\ndirector to continue in office pending completion of such course at the\nearliest date when such course is next available as specified by the\ncommissioner. The temporary certificate shall be filed by the director\nwith the clerk of the county and shall permit the director to continue\nin office for the period set forth therein. Upon the expiration of such\ntemporary certification and after a hearing as hereinabove provided, the\nappointment of the director shall be revoked unless the director has\nfiled a certificate pursuant to this subdivision. The provisions of this\nparagraph with respect to revocation of appointment shall not apply to a\ndirector if upon his or her appointment or reappointment the\ncommissioner certifies that he or she has completed the type of basic\ncourse of training and education which is then prescribed for the\nposition to which he or she is appointed or reappointed.\n f. Expenses in attending training courses. Notwithstanding the\nprovisions of any other law, the travel and other actual and necessary\nexpenses incurred by a director or a person appointed director for a\nforthcoming term in attending courses of training as required by this\nsubdivision or as approved by the commissioner shall be a state charge\nupon audit by the comptroller. Notwithstanding the foregoing provisions\nof this paragraph, if the provider of a training course has asked the\ncommissioner to approve the course for credit only, so that attendees\nwho successfully complete the course would be entitled to receive credit\nwithout having their expenses reimbursed by the state, and the\ncommissioner has agreed to do so, the travel and other actual and\nnecessary expenses incurred by such attendees shall not be a state\ncharge.\n 4. Special provisions for certain counties. In a county which on\nAugust first, nineteen hundred seventy has a county tax commission with\nmembers who serve for five-year overlapping terms and consisting of\nmembers who are required to represent more than one political party and\nhaving powers and duties which include a substantial part of the duties\nassigned by this article to the director of real property tax services\nand substantial additional duties with respect to real property\ntaxation, the chief administrative officer of such commission, whether\nknown as secretary or by some other title, shall exercise and perform\nthe powers and duties assigned and imposed upon the director of real\nproperty tax services under this article, provided that the powers and\nduties assigned to him which are the same as the powers and duties\nassigned to such commission shall be exercised by him under the general\ndirection of the commission. Such chief administrative officer shall\nhave the same term of office as is prescribed in this article for a\ndirector of real property tax services and shall meet all of the\nrequirements provided by this article with respect to qualifications and\ntraining of persons holding the office of director of real property tax\nservices. Nothing in this article shall prohibit such county from\nadopting a local law making this article applicable to such county\nwithout regard to the provisions of this subdivision.\n