Creates a process for local disciplinary actions against assessors.
TITLE OF BILL: An act to amend the real property tax law, in relation to the process for local disciplinary actions against assessors
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to allow assessors who have been removed or subjected to local disciplinary action to appeal the disciplinary decision to the Commissioner of the Department of Taxation and Finance or his or her designee.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends the Real Property Tax Law by adding a new section 324 to read as follows:
§ 324. Local disciplinary actions. An assessor may be removed from office for just cause by the appointing. authority after a hearing upon notice. A determination to remove an assessor or take other disciplinary action as a result of the removal proceeding against an assessor shall be subject to review by the commissioner or his or her designee (CHHD) within the department upon application filed with the department by the assessor within thirty days after receipt by him or her of written notice of such determination. The review by the CHHD within the department shall be based upon the record and a transcript of the hearing held by the appointing authority and such oral or written argument as may be presented to the CHHD within the department by the parties to the proceeding. Upon completion of such review the CHHD within the department shall affirm, reverse or modify the determination of the appointing authority. The determination of the CHHD within the department shall be subject to judicial review in accordance with the provisions of article seventy-eight of the Civil Practice Law and Rules.
Section 2: Effective date.
JUSTIFICATION: This legislation allows for local assessors to appeal disciplinary actions to the Commissioner of the Department of Taxation and Finance, or his or her designee, if the assessor feels they have been unfairly disciplined or removed. A fair review process is appropriate and necessary, and this legislation reinstates the same.
PRIOR LEGISLATIVE HISTORY:
S.3350-A of 2012: Died in Senate Finance, Passed Assembly S.3350 of 2011: Passed Senate, Died in Assembly Ways and Means
FISCAL IMPLICATIONS: There are no fiscal implications with the enactment of this legislation.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 877 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. BONACIC, GRIFFO, LARKIN, RITCHIE, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the real property tax law, in relation to the process for local disciplinary actions against assessors THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The real property tax law is amended by adding a new section 324 to read as follows: S 324. LOCAL DISCIPLINARY ACTIONS. AN ASSESSOR MAY BE REMOVED FROM OFFICE FOR JUST CAUSE BY THE APPOINTING AUTHORITY AFTER A HEARING UPON NOTICE. A DETERMINATION TO REMOVE AN ASSESSOR OR TAKE OTHER DISCIPLINARY ACTION AS A RESULT OF THE REMOVAL PROCEEDING AGAINST AN ASSESSOR SHALL BE SUBJECT TO REVIEW BY THE COMMISSIONER OR HIS OR HER DESIGNEE WITHIN THE DEPARTMENT UPON APPLICATION FILED WITH THE DEPARTMENT BY THE ASSES- SOR WITHIN THIRTY DAYS AFTER RECEIPT BY HIM OR HER OF WRITTEN NOTICE OF SUCH DETERMINATION. THE REVIEW BY THE COMMISSIONER OR HIS OR HER DESIG- NEE WITHIN THE DEPARTMENT SHALL BE BASED UPON THE RECORD AND A TRAN- SCRIPT OF THE HEARING HELD BY THE APPOINTING AUTHORITY AND SUCH ORAL OR WRITTEN ARGUMENT AS MAY BE PRESENTED TO THE COMMISSIONER OR HIS OR HER DESIGNEE WITHIN THE DEPARTMENT BY THE PARTIES TO THE PROCEEDING. UPON COMPLETION OF SUCH REVIEW THE COMMISSIONER OR HIS OR HER DESIGNEE WITHIN THE DEPARTMENT SHALL AFFIRM, REVERSE OR MODIFY THE DETERMINATION OF THE APPOINTING AUTHORITY. THE DETERMINATION OF THE COMMISSIONER OR HIS OR HER DESIGNEE WITHIN THE DEPARTMENT SHALL BE SUBJECT TO JUDICIAL REVIEW IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03218-01-3