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This entry was published on 2014-09-22
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Removals by senate
Public Officers (PBO) CHAPTER 47, ARTICLE 3
§ 32. Removals by senate. The governor before making a recommendation
to the senate for the removal of any officer may in his discretion take
proofs, for the purpose of determining whether such recommendation shall
be made.

The comptroller or attorney-general may be removed by the senate, on
the recommendation of the governor, for misconduct or malversation in
office, if two-thirds of all the members elected to the senate shall
concur therein. No such removal shall be made unless the person who is
sought to be removed shall have been served with a copy of the charges
against him and have an opportunity of being heard. On the question of
removal, the yeas and nays shall be entered on the journal. The governor
may convene the senate in extra session for the investigation of such
charges. The senate shall have power to make such rules as it may see
fit for the practice before it. At the time appointed for the
investigation, the senate shall proceed to hear and try the charges
against such officer, and may take proofs in relation thereto.

The governor may appoint any suitable person to conduct the trial of
such charges before the senate.

An officer appointed by the governor by and with the advice and
consent of the senate, except an officer who is or any or either of the
officers who are the head of a department, and except as otherwise
provided by special provision of law may be removed by the senate upon
the recommendation of the governor.

If the senate shall reject a recommendation of removal the secretary
of the senate shall, by a writing signed by him and by the president of
the senate, communicate the fact of such rejection to the governor. If
the senate shall concur in such a recommendation the removal shall take
effect upon the passage of the resolution of concurrence, and duplicate
copies of such resolution, certified by the secretary and president of
the senate, shall be executed and delivered by such secretary to the
secretary of state.