New York Laws
Title 1 - County Services to Cities and Towns
1530 - 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.

1-a. In the event that a director of real property tax services,
appointed pursuant to the provisions of this section, is unable to
perform the duties of the office of director of real property tax
services or the office becomes vacant, the appointing authority may by
resolution designate or appoint an acting director of real property tax
services. Where an acting director of real property tax services is
designated or appointed pursuant to this section, the appointing
authority shall notify the commissioner within fifteen days of making
such designation or appointment. The acting director of real property
tax services shall function as director of real property tax services
until such time as the director of real property tax services is able to
resume the position or until a replacement is appointed. In the event an
acting director of real property tax services functions as director of
real property tax services for more than six months, then such acting
director of real property tax services shall be required to meet the
minimum qualification standards and to obtain certification as required
by this title for persons appointed to the office of 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 commissioner.

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 commissioner 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
commissioner 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 commissioner under the provisions
of this article.

c. Orientation. Within one month of commencing a term of office, any
county director who has not obtained commissioner certification pursuant
to this section shall attend a one day orientation course prescribed by
the commissioner. 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 commissioner
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 commissioner requires permanent
certication pursuant to this section, each county director must obtain
an interim certification from the commissioner. Such interim
certification shall evidence satisfactory progress in obtaining
permanent certification by successful completion of one or more
components of the required training. The commissioner 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
commissioner stating that he or she has completed the basic course of
training and education prescribed by the commissioner. 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 commissioner shall
conduct a hearing upon notice to the director and the clerk of the
county for which he serves. If, after such hearing, the commissioner
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 commissioner 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
commissioner. 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
commissioner 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.


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 commissioner shall be a state charge
upon audit by the comptroller. Notwithstanding the foregoing provisions
of this paragraph, if the provider of a training course has asked the
commissioner to approve the course for credit only, so that attendees
who successfully complete the course would be entitled to receive credit
without having their expenses reimbursed by the state, and the
commissioner has agreed to do so, the travel and other actual and
necessary expenses incurred by such attendees shall not be a state
charge.

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.

Structure New York Laws