2006 New York Code - Removal Of County Executive.


 
    §  154.  Removal  of  county executive.   1. A county president may be
  removed in the manner provided in sections thirty-three, thirty-four and
  thirty-five of the public officers law.
    2. A county manager may be removed  by  majority  vote  of  the  whole
  number  of the members of the board of supervisors for any reason deemed
  by the board to be sufficient.
    3. An appointive county executive, other than a county manager, may be
  removed by a two-thirds vote of the whole number of the members  of  the
  board of supervisors for any of the following reasons:
    (a)  because  at  the time of his appointment he was ineligible or has
  since become ineligible to hold such office; or
    (b) for malfeasance or nonfeasance in office; or
    (c) upon conviction of a felony or of a  misdemeanor  involving  moral
  turpitude; or
    (d)  for  failure to perform the duties of his office in an honorable,
  competent and reasonably efficient manner; or
    (e) if he becomes morally, physically or  mentally  unfit  to  act  in
  behalf of the county.
    4.  Before  an  appointive county executive can be removed, he must be
  given ten days' written notice of the proposed  action,  and  if  he  so
  demands,  must  within ten days after such demand, and at least ten days
  before the board of supervisors votes to remove him, be furnished with a
  written statement of the charges against him  or  the  reasons  for  his
  removal in order that he may reply thereto. If he so demands within five
  days  after  receiving  such  statement or at any time prior thereto, he
  shall also have the right to  a  hearing  on  such  charges  or  reasons
  arranged  with  at least five days' public notice at a public meeting of
  the board of supervisors held within fifteen days of such demand and the
  board of supervisors shall not vote on the question of his removal until
  at least ten days after such hearing.  Pending  removal,  the  board  of
  supervisors  may  suspend  him  from  office,  except that the period of
  suspension shall not exceed fifty days.  The  action  of  the  board  of
  supervisors  in  suspending  or  removing  a county manager shall not be
  subject to review.   Such action in  suspending  or  removing  a  county
  executive  other  than a county manager shall be subject to review under
  article seventy-eight of the civil practice law and rules.


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