NY Real Prop Tax L § 1530 (2021)
2021 New York Laws RPT - Real Property Tax Article 15-A - County and State Assessment Services 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.