N.Y. Public Officers Law § 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.