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  commissionof  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.