§ 34 — Proceedings for removal by governor

New York § 34

• Jurisdiction: New York
• Law PBO: Public Officers
• Art. 3: Creation and Filling of Vacancies

Text

§ 34. Proceedings for removal by governor. 1. In any proceeding for\nthe removal by the governor of a public officer, he may conduct an\ninvestigation into the charges, and may take the evidence as to the\ntruth of the charges at a hearing for such purpose, or he may direct\nthat such investigation or hearing, or both, shall be conducted by a\njustice of the supreme court of the judicial district, or the county\njudge of the county, in which the officer proceeded against shall\nreside, or by a commissioner appointed by the governor, by an\nappointment, in writing, filed in the office of the secretary of state.\n 2. The governor may direct the attorney-general or the district\nattorney of the county in which the officer proceeded against resides,\nto assist the governor, or the person designated by the governor under\nthe first subdivision of this section, in the conduct of the\ninvestigation into the charges, and of the hearing into the truth of the\ncharges. If the hearing provided for in this section shall be conducted\nby a justice, judge or commissioner, it shall be held at such place in\nthe county in which the officer proceeded against shall reside as the\njustice, judge or commissioner shall appoint, and at least eight days\nafter written notice of the time and place of such hearing shall have\nbeen given to the officer proceeded against.\n 3. The governor may direct the justice, judge or commissioner to\nreport to him the evidence taken at such hearing, or the evidence and\nthe findings of the material facts deemed by such justice, judge or\ncommissioner to be established. Both in the investigation of the charges\nand at the hearing into the truth of the charges, the governor or the\nperson designated by him under the first subdivision of this section may\nrequire witnesses to attend before him, and may also require the\nproduction of any books, papers, or other documents, deemed by him to be\nmaterial, and shall issue subpoenas for such witnesses for appearance at\nthe hearing as may be requested by the officer proceeded against.\n 4. At the hearing provided for in this section, the officer proceeded\nagainst and his counsel shall be permitted to attend, but such officer\nor his counsel shall have no right to be present at the investigation\nprovided for unless the governor or the person designated by him to\nconduct such investigation so directs. No evidence taken in such\ninvestigation shall form the basis of any report to the governor by the\nperson designated by him under subdivision one of this section, or the\nbasis of any determination by the governor, unless such evidence is\npresented at the hearing provided for in this section.\n 5. The person designated under subdivision one of this section, or the\ngovernor, where no person is so designated, is authorized to employ\ncounsel in any case where the attorney-general or district attorney has\nnot been directed to assist the governor or his designee, as provided in\nsubdivision two of this section, and to employ such personnel as may be\nnecessary to assist him in the performance of his duties under this\nsection.\n 6. If the proceeding be for removal of a state officer, the reasonable\nexpenses incurred in the conduct thereof, including the compensation of\nauthorized counsel and of necessary assistants, in the taking and\nprinting of the testimony, shall be paid by the state, on the\ncertificate of the governor, out of moneys appropriated or available\ntherefor.\n 7. If the proceeding be for the removal of a county or city officer,\nthe reasonable expenses incurred in the conduct thereof shall be a\ncounty or city charge, as the case may be. The board of supervisors of\nthe county, or the board of estimate and apportionment or other board or\nbody of the city vested with the power to make appropriations, on the\nrequisition of the governor, from time to time, shall forthwith\nappropriate such sum as shall be needed to pay such expenses; and after\nsuch appropriation shall have been duly made, the fiscal officer of the\ncounty or city, as the case may be, shall pay such expenses, upon\nvouchers approved by the governor, after audit, in the same manner and\nby the same authority as other county or city charges are audited and\npaid.\n 8. A person designated by the governor to conduct an investigation or\nhearing, or both, under this section, who is not regularly employed by\nthe state or by a county or city, shall be paid a reasonable\ncompensation for his services, to be fixed by the governor, and paid in\nthe same manner as other expenses for the removal of a state officer, or\na county or city officer, as the case may be, as provided in this\nsection.\n 9. All sheriffs, coroners, constables and marshals to whom process\nshall be directed and delivered under this section shall execute the\nsame without unnecessary delay.\n