2012 New York Consolidated Laws
PBO - Public Officers
Article 3 - (30 - 43) CREATION AND FILLING OF VACANCIES
34 - Proceedings for removal by governor.


NY Pub Off L § 34 (2012) What's This?
 
    § 34. Proceedings  for  removal  by governor. 1. In any proceeding for
  the removal by the governor of a  public  officer,  he  may  conduct  an
  investigation  into  the  charges,  and  may take the evidence as to the
  truth of the charges at a hearing for such purpose,  or  he  may  direct
  that  such  investigation  or  hearing, or both, shall be conducted by a
  justice of the supreme court of the judicial  district,  or  the  county
  judge  of  the  county,  in  which  the  officer proceeded against shall
  reside,  or  by  a  commissioner  appointed  by  the  governor,  by   an
  appointment, in writing, filed in the office of the secretary of state.
    2.  The  governor  may  direct  the  attorney-general  or the district
  attorney of the county in which the officer proceeded  against  resides,
  to  assist  the governor, or the person designated by the governor under
  the  first  subdivision  of  this  section,  in  the  conduct   of   the
  investigation into the charges, and of the hearing into the truth of the
  charges.  If the hearing provided for in this section shall be conducted
  by a justice, judge or commissioner, it shall be held at such  place  in
  the  county  in  which the officer proceeded against shall reside as the
  justice, judge or commissioner shall appoint, and at  least  eight  days
  after  written  notice  of the time and place of such hearing shall have
  been given to the officer proceeded against.
    3. The governor may direct  the  justice,  judge  or  commissioner  to
  report  to  him  the evidence taken at such hearing, or the evidence and
  the findings of the material facts deemed  by  such  justice,  judge  or
  commissioner to be established. Both in the investigation of the charges
  and  at  the  hearing into the truth of the charges, the governor or the
  person designated by him under the first subdivision of this section may
  require witnesses to  attend  before  him,  and  may  also  require  the
  production of any books, papers, or other documents, deemed by him to be
  material, and shall issue subpoenas for such witnesses for appearance at
  the hearing as may be requested by the officer proceeded against.
    4.  At the hearing provided for in this section, the officer proceeded
  against and his counsel shall be permitted to attend, but  such  officer
  or  his  counsel  shall have no right to be present at the investigation
  provided for unless the governor or the  person  designated  by  him  to
  conduct  such  investigation  so  directs.  No  evidence  taken  in such
  investigation shall form the basis of any report to the governor by  the
  person  designated  by him under subdivision one of this section, or the
  basis of any determination by the  governor,  unless  such  evidence  is
  presented at the hearing provided for in this section.
    5. The person designated under subdivision one of this section, or the
  governor,  where  no  person  is  so designated, is authorized to employ
  counsel in any case where the attorney-general or district attorney  has
  not been directed to assist the governor or his designee, as provided in
  subdivision  two of this section, and to employ such personnel as may be
  necessary to assist him in the performance  of  his  duties  under  this
  section.
    6. If the proceeding be for removal of a state officer, the reasonable
  expenses  incurred in the conduct thereof, including the compensation of
  authorized counsel and  of  necessary  assistants,  in  the  taking  and
  printing  of  the  testimony,  shall  be  paid  by  the  state,  on  the
  certificate of the governor, out of  moneys  appropriated  or  available
  therefor.
    7.  If  the proceeding be for the removal of a county or city officer,
  the reasonable expenses incurred in  the  conduct  thereof  shall  be  a
  county  or  city charge, as the case may be. The board of supervisors of
  the county, or the board of estimate and apportionment or other board or
  body of the city vested with the power to make  appropriations,  on  the
  requisition  of  the  governor,  from  time  to  time,  shall  forthwith

  appropriate such sum as shall be needed to pay such expenses; and  after
  such  appropriation shall have been duly made, the fiscal officer of the
  county or city, as the case  may  be,  shall  pay  such  expenses,  upon
  vouchers  approved  by the governor, after audit, in the same manner and
  by the same authority as other county or city charges  are  audited  and
  paid.
    8.  A person designated by the governor to conduct an investigation or
  hearing, or both, under this section, who is not regularly  employed  by
  the  state  or  by  a  county  or  city,  shall  be  paid  a  reasonable
  compensation for his services, to be fixed by the governor, and paid  in
  the same manner as other expenses for the removal of a state officer, or
  a  county  or  city  officer,  as  the  case may be, as provided in this
  section.
    9. All sheriffs, coroners, constables and  marshals  to  whom  process
  shall  be  directed  and  delivered under this section shall execute the
  same without unnecessary delay.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.