§ 32 — Removals by senate

§ 32. Removals by senate. The governor before making a recommendation\nto the senate for the removal of any officer may in his discretion take\nproofs, for the purpose of determining whether such recommendation shall\nbe made.\n The comptroller or attorney-general may be removed by the senate, on\nthe recommendation of the governor, for misconduct or malversation in\noffice, if two-thirds of all the members elected to the senate shall\nconcur therein. No such removal shall be made unless the person who is\nsought to be removed shall have been served with a copy of the charges\nagainst him and have an opportunity of being heard. On the question of\nremoval, the yeas and nays shall be entered on the journal. The governor\nmay convene the senate in extra session for the investigation of such\ncharges. The senate shall have power to make such rules as it may see\nfit for the practice before it. At the time appointed for the\ninvestigation, the senate shall proceed to hear and try the charges\nagainst such officer, and may take proofs in relation thereto.\n The governor may appoint any suitable person to conduct the trial of\nsuch charges before the senate.\n An officer appointed by the governor by and with the advice and\nconsent of the senate, except an officer who is or any or either of the\nofficers who are the head of a department, and except as otherwise\nprovided by special provision of law may be removed by the senate upon\nthe recommendation of the governor.\n If the senate shall reject a recommendation of removal the secretary\nof the senate shall, by a writing signed by him and by the president of\nthe senate, communicate the fact of such rejection to the governor. If\nthe senate shall concur in such a recommendation the removal shall take\neffect upon the passage of the resolution of concurrence, and duplicate\ncopies of such resolution, certified by the secretary and president of\nthe senate, shall be executed and delivered by such secretary to the\nsecretary of state.\n