Current through 2024 NY Law Chapter 553
Section 30 - Removal or suspension of public officers1.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.N.Y. Defense Emergency Act 1951 Law § 30