1. The Laws of New York
  2. Consolidated Laws
  3. Public Officers
  4. Article 3: Creation and Filling of Vacancies


Section 34 Proceedings for removal by governor

Public Officers (PBO)

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.