(b) If, after the expiration of the deadline set forth in the notice
of intent pursuant to subparagraph (iv) of paragraph (a) of this
subdivision, the board member or members or chief executive officer,
whichever is applicable, has not responded to the notice or has not
remedied the non-compliance to the satisfaction of the authorities
budget office, the authorities budget office shall issue to the
non-compliant board member or members or chief executive officer a
notice of suspension which shall include: (i) the number of days of
suspension; and (ii) the date that such suspension shall commence, which
date shall be at least one hundred eighty days from the date of the
issuance of the notice of suspension.
3. (a) Whenever the authorities budget office has suspended one or
more board members of a local authority, the individual or individuals
who appointed those board members may act to reinstate a suspended board
member. If the appointing authority is a legislative body or a member of
the legislative body, any action to reinstate a suspended board member
shall occur in a public meeting of such body and following an
opportunity for the public to comment. Such action shall be deemed valid
upon passage of a written resolution of reinstatement by a majority and
recorded vote of the legislative body. Such resolution shall describe
the facts and circumstances by which the legislative body has reached
this determination. If the appointing authority is the chief executive
official of the municipality for whose benefit the local authority was
created, any action to reinstate a suspended board member shall be
through an official act of the chief executive official. Such act shall
be recorded in writing and shall describe the facts and circumstances by
which the chief executive official reached this determination.
(b) Whenever the authorities budget office has suspended the chief
executive officer of a local authority, the chairperson of such local
authority may initiate action to reinstate the suspended chief executive
officer. Any action to reinstate a suspended chief executive officer
shall occur in a public meeting of the board of directors and following
an opportunity for the public to comment. Such action shall be deemed
valid upon passage of a written resolution of reinstatement by a
majority and recorded vote of the current board of directors. Such
resolution shall describe the facts and circumstances by which the board
of directors reached this determination.
(c) For the purposes of this section, "reinstatement" shall mean the
restoration of the rights, responsibilities, powers and duties of a
board member or chief executive officer of a local authority.
Structure New York Laws