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
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.