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This entry was published on 2019-12-20
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SECTION 6-A
Power to suspend local authority board members and executive staff
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 1, TITLE 2
§ 6-a. Power to suspend local authority board members and executive
staff. 1. The authorities budget office shall have the authority,
subject to subdivision two of this section, to suspend one or more
members of a local authority board of directors, or the chief executive
officer or equivalent position of a local authority for a period not to
exceed ninety days when such individual or individuals knowingly fails
or neglects to submit any report required by section twenty-eight
hundred of this chapter within thirty-six months of its due date. The
authorities budget office is authorized to terminate such a suspension
if the board member or chief executive officer demonstrates that he or
she has remedied their non-compliance. For the purposes of this section,
the "suspension" of an individual shall mean the temporary removal of
the rights, responsibilities, powers and duties of a person who is an
appointed board member of a local authority or the individual who serves
as chief executive officer through appointment or contract. Should the
authorities budget office suspend the full board of directors or a
majority of current board members the term "suspension" shall mean the
board of directors is prohibited from taking actions, votes, or adopting
resolutions, that bind the board to future agreements, contracts,
financial commitments, indebtedness, or other actions, other than
actions necessary to resolve the noncompliance or satisfy existing legal
or administrative obligations.

2. (a) Pursuant to policies and procedures developed by the
authorities budget office and made available on its website, when the
authorities budget office has reason to believe that one or more board
members of a local authority has knowingly failed or neglected to submit
any report required by section twenty-eight hundred of this chapter
within thirty-six months of its due date, the authorities budget office
shall provide at least thirty days' notice of its intent to initiate
suspension proceedings to the chairperson of the local authority, to the
individual or individuals responsible for appointing such board members,
and to each such board member. If the authorities budget office has
reason to believe that the chief executive officer of a local authority
has knowingly failed or neglected to submit any report required by
section twenty-eight hundred of this chapter within thirty-six months of
its due date, the authorities budget office shall provide at least
thirty days' notice of its intent to initiate suspension proceedings to
the chairperson of the local authority and to the chief executive
officer. Such notice shall include, but shall not be limited to (i) the
date and a brief description of the facts and nature of each
non-compliance for which such suspension is proposed; (ii) the number of
days that the authorities budget office proposes to suspend such board
member or chief executive officer; (iii) the option to submit a formal
response to the authorities budget office which demonstrates why such
board member or chief executive officer should not be suspended; and
(iv) if applicable, a period of time in which such local authority or
board member or chief executive officer may remedy the non-compliance.

(b) If, after the expiration of the deadline set forth in the notice
of intent pursuant to subparagraph (iv) of paragraph (a) of this
subdivision, the board member or members or chief executive officer,
whichever is applicable, has not responded to the notice or has not
remedied the non-compliance to the satisfaction of the authorities
budget office, the authorities budget office shall issue to the
non-compliant board member or members or chief executive officer a
notice of suspension which shall include: (i) the number of days of
suspension; and (ii) the date that such suspension shall commence, which
date shall be at least one hundred eighty days from the date of the
issuance of the notice of suspension.

3. (a) Whenever the authorities budget office has suspended one or
more board members of a local authority, the individual or individuals
who appointed those board members may act to reinstate a suspended board
member. If the appointing authority is a legislative body or a member of
the legislative body, any action to reinstate a suspended board member
shall occur in a public meeting of such body and following an
opportunity for the public to comment. Such action shall be deemed valid
upon passage of a written resolution of reinstatement by a majority and
recorded vote of the legislative body. Such resolution shall describe
the facts and circumstances by which the legislative body has reached
this determination. If the appointing authority is the chief executive
official of the municipality for whose benefit the local authority was
created, any action to reinstate a suspended board member shall be
through an official act of the chief executive official. Such act shall
be recorded in writing and shall describe the facts and circumstances by
which the chief executive official reached this determination.

(b) Whenever the authorities budget office has suspended the chief
executive officer of a local authority, the chairperson of such local
authority may initiate action to reinstate the suspended chief executive
officer. Any action to reinstate a suspended chief executive officer
shall occur in a public meeting of the board of directors and following
an opportunity for the public to comment. Such action shall be deemed
valid upon passage of a written resolution of reinstatement by a
majority and recorded vote of the current board of directors. Such
resolution shall describe the facts and circumstances by which the board
of directors reached this determination.

(c) For the purposes of this section, "reinstatement" shall mean the
restoration of the rights, responsibilities, powers and duties of a
board member or chief executive officer of a local authority.