Section 24. Removal of municipal civil service commissioners and personnel officers  


Latest version.
  • 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.