N.Y. Alternative County Government Law § 154: 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.