NY Pub Off L § 34 (2021)
2021 New York Laws PBO - Public Officers Article 3 - Creation and Filling of Vacancies 34 - Proceedings for Removal by Governor.

§ 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.