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This entry was published on 2014-09-22
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SECTION 154
Removal of county executive
Alternative County Government (ACG) CHAPTER 11-B, ARTICLE 4
§ 154. Removal of county executive. 1. A county president may be
removed in the manner provided in sections thirty-three, thirty-four and
thirty-five of the public officers law.

2. A county manager may be removed by majority vote of the whole
number of the members of the board of supervisors for any reason deemed
by the board to be sufficient.

3. An appointive county executive, other than a county manager, may be
removed by a two-thirds vote of the whole number of the members of the
board of supervisors for any of the following reasons:

(a) because at the time of his appointment he was ineligible or has
since become ineligible to hold such office; or

(b) for malfeasance or nonfeasance in office; or

(c) upon conviction of a felony or of a misdemeanor involving moral
turpitude; or

(d) for failure to perform the duties of his office in an honorable,
competent and reasonably efficient manner; or

(e) if he becomes morally, physically or mentally unfit to act in
behalf of the county.

4. Before an appointive county executive can be removed, he must be
given ten days' written notice of the proposed action, and if he so
demands, must within ten days after such demand, and at least ten days
before the board of supervisors votes to remove him, be furnished with a
written statement of the charges against him or the reasons for his
removal in order that he may reply thereto. If he so demands within five
days after receiving such statement or at any time prior thereto, he
shall also have the right to a hearing on such charges or reasons
arranged with at least five days' public notice at a public meeting of
the board of supervisors held within fifteen days of such demand and the
board of supervisors shall not vote on the question of his removal until
at least ten days after such hearing. Pending removal, the board of
supervisors may suspend him from office, except that the period of
suspension shall not exceed fifty days. The action of the board of
supervisors in suspending or removing a county manager shall not be
subject to review. Such action in suspending or removing a county
executive other than a county manager shall be subject to review under
article seventy-eight of the civil practice law and rules.