2006 New York Code - Removal Of Municipal Civil Service Commissioners And Personnel Officers.

 
    § 24. Removal  of  municipal civil service commissioners and personnel
  officers. 1. Removal by appointing officer or body.  The officer or body
  having the power of appointment of the  members  of  a  municipal  civil
  service  commission  or  a  personnel officer may at any time remove any
  such member or personnel officer for cause, after a public hearing,  and
  appoint his successor for the unexpired term.
    2.  Removal  by  state  civil  service  commission.  A municipal civil
  service commissioner or personnel officer may be removed  by  the  state
  civil  service  commission  for  incompetency,  inefficiency, neglect of
  duty, misconduct or violation of the provisions of this  chapter  or  of
  the  rules  established  thereunder,  shown  after a hearing upon stated
  charges to be served upon him, and he shall be allowed  at  least  eight
  days  for  answering the same in writing. The hearing shall be conducted
  by the state civil service commission or by one of the  members  thereof
  designated  in  writing  by  the  commission.  In  case  a member of the
  commission is so designated, he shall for the purpose of  such  hearing,
  be  vested with all the powers of the commission and shall make a record
  of such hearing which  shall,  together  with  his  recommendations,  be
  referred to the commission for review and decision.  Upon the request of
  the  municipal  civil  service commissioner or personnel officer against
  whom the charges are preferred, the commission  or  the  member  thereof
  designated  to  hold  such hearing shall permit him to be represented by
  counsel, and shall allow him to summon  witnesses  in  his  behalf.  The
  burden  of  proving  the  charges  shall be upon the person alleging the
  same. Compliance with technical rules of evidence shall not be required.
  The state civil service commission,  by  unanimous  vote  of  the  three
  members, may find such municipal civil service commissioner or personnel
  officer  guilty  of  the charges or any of them, and, upon such finding,
  with the written approval of the governor,  may  remove  such  municipal
  civil  service  commissioner  or  personnel  officer.  A municipal civil
  service commissioner or personnel officer so  removed  may  review  such
  removal  in  accordance  with the provisions of article seventy-eight of
  the civil practice act.
    3. Suspension pending determination. Where the  state  commission  has
  commenced  removal  proceedings against all or a majority of the members
  of a municipal commission or against a  personnel  officer,  such  state
  commission  by unanimous vote of the three members may, with the written
  approval of  the  governor,  suspend  such  municipal  commissioners  or
  personnel  officer  or  a  period  not  exceeding sixty days pending the
  determination of such proceedings, and, in such event,  the  officer  or
  body  having  the power of appointment of the municipal commissioners or
  personnel officer involved shall designate, with  the  approval  of  the
  state  commission,  the  persons  or  person to serve temporarily in the
  place of such suspended commissioners or personnel officer, as the  case
  may   be,  pending  the  determination  of  such  proceedings.  If  such
  designations are not made within a period of ten days after notice  from
  the state commission, the state commission shall make such designations.
  In  the  event  of  the  removal  of  one or more members of a municipal
  commission or a personnel officer, any person temporarily designated  to
  serve  in  place  of a removed commissioner or personnel officer, as the
  case may be, shall  continue  to  serve  until  a  new  commissioner  or
  personnel officer is appointed and qualifies.
    4.  Appointment  of  successor  to removed or resigned commissioner or
  personnel officer. Whenever a municipal civil  service  commissioner  or
  personnel   officer   has  been  removed  by  the  state  civil  service
  commission, or  whenever  a  municipal  civil  service  commissioner  or
  personnel  officer  shall resign or be removed by the appointing officer
  or body pending an investigation by the state civil  service  commission
  of  the  administration  of civil service under the jurisdiction of such
  municipal commission or personnel officer or pending a  hearing  by  the
  state  civil  service  commission  of  charges  preferred  against  such
  commissioner  or  personnel  officer, the state civil service commission
  shall have exclusive jurisdiction to  appoint  a  person  to  fill  such
  vacancy.  Such  person so appointed shall hold office as municipal civil
  service commissioner or personnel officer, as the case may be,  for  the
  unexpired  term  of his predecessor and until his successor is appointed
  and qualifies; or in  the  event  that  his  predecessor  is  reinstated
  pursuant  to  court  order,  he  shall  hold such office only until such
  reinstatement.