2006 New York Code - County Real Property Tax Service Agency; Director.

 
    §  1530.  County  real  property  tax  service  agency;  director.  1.
  Selection and term of office. In each county that does not  assess  real
  property for purposes of taxation, except a county wholly within a city,
  there  shall  be  a  real property tax service agency.  The head of such
  agency shall be the director of real property tax  services,  who  shall
  have  a  six  year  term of office commencing on October first, nineteen
  hundred seventy-one and on October first of each sixth year  thereafter.
  The  director  shall  be appointed by the legislative body of the county
  except that in a county in which heads of departments are  appointed  by
  the county executive or county manager, such director shall be appointed
  by  such county executive or county manager.  Any resident of the state,
  otherwise eligible for appointment as  director  of  real  property  tax
  services, may be appointed director of real property tax services.
    2.  Classification.  The  position  of  director  of real property tax
  services shall be classified in the noncompetitive class  of  the  civil
  service,  except  where  the  county  legislative  body  determines  the
  position to be full-time and such body requests  that  the  position  be
  classified in the competitive class.
    3.  Qualifications  and  training. a. Minimum qualification standards.
  The director of real property tax services shall  be  appointed  on  the
  basis  of  his  knowledge  of  principles  and  methods  relating to the
  assessment  of  real  property  and  his  executive  and  administrative
  experience.  No  person  shall  be  eligible for appointment as director
  unless he meets the minimum qualification standards established for such
  office by the state board.
    b. Required training. A person who takes office as  director  of  real
  property  tax  services  shall  complete  the  basic  course of training
  prescribed by the  state  board  within  four  years  after  he  or  she
  commences  his  or  her  term  of  office.  The curriculum of such basic
  training  course  shall  include  but  not  be  limited  to   assessment
  administration;  the  fundamentals  of real property and land appraisal;
  fundamentals of  tax  mapping;  mass  appraisal  techniques;  industrial
  appraisal; exemption administration; tax collection and enforcement; and
  other  topics  relevant  and important to assessing functions; provided,
  however, any such person who  successfully  demonstrates  to  the  state
  board  satisfactory competence in the subject matter of the basic course
  of training shall not be required to complete the same.    Directors  of
  real  property  tax  services  shall, in addition to the basic course of
  training, also complete courses in a continuing training  and  education
  program  as  shall be prescribed by the state board under the provisions
  of this article.
    c. Orientation. Within one month of commencing a term of  office,  any
  county  director who has not obtained state board certification pursuant
  to this section shall attend a one day orientation course prescribed  by
  the  state  board.  Such orientation course shall be designed to provide
  the  prospective  county  director  with  a  general  knowledge  of  the
  responsibilities  of  the county director and a general understanding of
  the appropriate state and local government structure. No county director
  shall continue in office or receive compensation where the  state  board
  determines  that  he  or  she  has  failed to file with the clerk of the
  county a certificate of attendance of the orientation course.
    d. Interim certification. At  least  once  during  each  twelve  month
  period  preceding  the  date by which the state board requires permanent
  certication pursuant to this section, each county director  must  obtain
  an   interim   certification   from   the   state  board.  Such  interim
  certification  shall  evidence  satisfactory   progress   in   obtaining
  permanent   certification  by  successful  completion  of  one  or  more
  components of the required training. The state board shall transmit such
  interim certificate to the county director and to the appropriate county
  clerk for filing.
    e.  Failure  to  complete required training. (1) Such director of real
  property tax services shall not continue in  office  unless  within  the
  applicable  period  specified  in paragraph b of this subdivision, he or
  she shall have filed with the clerk of the county a certificate  of  the
  state  board  stating  that  he or she has completed the basic course of
  training and  education  prescribed  by  the  state  board.  The  county
  director  must also complete prescribed courses in a continuing training
  and education program as required in paragraph b  of  this  subdivision.
  (2)  In  the  event  a  director  does  not file such statement, interim
  certificate, certificate, or a temporary certificate issued pursuant  to
  this  paragraph,  or  does  not  complete  such  prescribed courses in a
  continuing training and education program, the state board shall conduct
  a hearing upon notice to the director and the clerk of  the  county  for
  which  he serves. If, after such hearing, the state board finds that the
  director has failed to comply with the provisions of  this  subdivision,
  such  appointment  shall  be  revoked and the appointing authority shall
  appoint a successor for the balance of the unexpired  term,  subject  to
  all  applicable  provisions  of  this  article.  Such  hearing  shall be
  conducted within the county for which the director serves no later  than
  thirty  days  after  delivery  of  such  notice. (3) In the event that a
  director shall have been unable to enroll  in  or  complete  such  basic
  course  of training and education for reasons beyond his or her control,
  the state board may issue a temporary certificate enabling the  director
  to  continue in office pending completion of such course at the earliest
  date when such course is next available as specified by the state board.
  The temporary certificate shall be filed by the director with the  clerk
  of  the  county  and shall permit the director to continue in office for
  the period set forth therein. Upon  the  expiration  of  such  temporary
  certification   and   after  a  hearing  as  hereinabove  provided,  the
  appointment of the director shall be revoked  unless  the  director  has
  filed a certificate pursuant to this subdivision. The provisions of this
  paragraph with respect to revocation of appointment shall not apply to a
  director if upon his or her appointment or reappointment the state board
  certifies  that  he  or  she  has  completed the type of basic course of
  training and education which is then  prescribed  for  the  position  to
  which  he  or  she  is  appointed  or  reappointed.  For purposes of the
  notification requirement of section thirty-five of the  public  officers
  law,  the chairman of the state board shall be deemed to be president of
  such board, and the secretary of the state board shall be deemed  to  be
  the clerk of such board.
    f.   Expenses  in  attending  training  courses.  Notwithstanding  the
  provisions of any other law, the travel and other actual  and  necessary
  expenses  incurred  by  a  director or a person appointed director for a
  forthcoming term in attending courses of training as  required  by  this
  subdivision  or  as  approved by the state board shall be a state charge
  upon audit by the comptroller.
    4. Special provisions for certain  counties.  In  a  county  which  on
  August  first, nineteen hundred seventy has a county tax commission with
  members who serve for five-year  overlapping  terms  and  consisting  of
  members  who are required to represent more than one political party and
  having powers and duties which include a substantial part of the  duties
  assigned  by  this article to the director of real property tax services
  and  substantial  additional  duties  with  respect  to  real   property
  taxation,  the  chief administrative officer of such commission, whether
  known as secretary or by some other title, shall  exercise  and  perform
  the  powers  and  duties  assigned and imposed upon the director of real
  property tax services under this article, provided that the  powers  and
  duties  assigned  to  him  which  are  the same as the powers and duties
  assigned to such commission shall be exercised by him under the  general
  direction  of  the  commission.  Such chief administrative officer shall
  have the same term of office as is prescribed  in  this  article  for  a
  director  of  real  property  tax  services  and  shall  meet all of the
  requirements provided by this article with respect to qualifications and
  training of persons holding the office of director of real property  tax
  services.  Nothing  in  this  article  shall  prohibit  such county from
  adopting a local law making  this  article  applicable  to  such  county
  without regard to the provisions of this subdivision.