NY Civ Serv L § 24 (2021)
2021 New York Laws CVS - Civil Service Article 2 - Civil Service Administration 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.