New York law provides that a mayor may be removed from office by the governor. New York Public Officers Law section 33.2 provides: 2. The chief executive officer of every city and the chief or commissioner of police, commissioner or director of public safety or other chief executive officer of the police force by whatever title he may be designated, of every city may be removed by the governor after giving to such officer a copy of the charges against him and an opportunity to be heard in his defense. The power of removal provided for in this subdivision shall be deemed to be in addition to the power of removal provided for in any other law. The provisions of this subdivision shall apply notwithstanding any inconsistent provisions of any general, special or local law, ordinance or city charter. Section 34 of the same law provides the procedures to be followed for the governor to make such a removal. Details are available at: public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS Click on PBO (Public Officers Law), then on Article 3, and finally on the code section you want to read. The Supreme Court of the State of New York may also remove local officials, as provided in Section 36 of the PBO: § 36. Removal of town, village, improvement district or fire district officer by court. Any town, village, improvement district or fire district officer, except a justice of the peace, may be removed from office by the supreme court for any misconduct, maladministration, malfeasance or malversation in office. An application for such removal may be made by any citizen resident of such town, village, improvement district or fire district or by the district attorney of the county in which such town, village or district is located, and shall be made to the appellate division of the supreme court held within the judicial department embracing such town, village, improvement district or fire district. Such application shall be made upon notice to such officer of not less than eight days, and a copy of the charges upon which the application will be made must be served with such notice. In New York, of course, the supreme court is the trial court. As you can see, any citizen can file such an application in the appropriate court, in this case, in the Tompkins County court. Read more: justanswer/criminal-law/1fdxt-village-mayor-its-trustees-new-york-state-impeached.html#ixzz3MTeSHcNz
Posted on: Sat, 20 Dec 2014 21:50:44 +0000
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