N.Y. Civil Service Law § 24: 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.