New York Laws
Title B - Organization and Functions of Municipal Civil Service Commissions
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.