N.Y. Defense Emergency Act 1951 784/51 § 30: Removal or suspension of public officers

§ 30. Removal or suspension of public officers. 1. A local director

may be removed by the governor after such director has been given a copy

of the charges against him and an opportunity to be heard in his

defense. Pending the preparation and disposition of charges, the

governor may suspend such director for a period not exceeding thirty

days. The power of removal provided for in this subdivision shall be

deemed to be in addition to the power of removal otherwise provided for

in this act or in any other law and shall apply notwithstanding any

inconsistent provisions of this act or of any other law.

2. Notwithstanding any provision of law, and in addition to any other

penalty fixed by law, willful failure by a public officer having

administrative responsibilities under this article to obey an order or

regulation adopted or made pursuant to this article relating to his

administrative responsibilities shall be cause for removal from office.

Subject to the provisions of the state constitution, such removal shall

be by the governor upon charges by the council or commission after

service upon such public officer of a copy of the charges and giving him

an opportunity to be heard in his defense. Pending the preparation and

disposition of charges, the governor may suspend such public officer for

a period not exceeding thirty days.

3. A vacancy resulting from removal pursuant to this section shall be

filled by the governor until it is filled as otherwise provided by law.

4. In the event of attack or in the event of the failure of a county

or city to carry out the provisions of this act or the plan, regulations

or orders adopted pursuant thereto, the governor may direct the

commission to assume direct operational control of any or all agencies

or public offices having administrative responsibilities pursuant to

this act to the extent necessary for the performance of such

responsibilities and in such event, the officers in charge of such

agencies and offices shall only exercise such powers and perform such

duties as are required of them by the commission or the person managing

and conducting such agencies or offices pursuant to order of the

commission. In all such cases all expenses incurred by the commission to

conduct such agencies or offices, including the salary or other

compensation of all persons employed, shall be a charge upon the

political subdivision or subdivisions of the state otherwise liable for

the expense of such agency or office.