2023 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.