New York DEA Code § 30

Removal or suspension of public officers
Open in Lexace · Ask the AI about this section
§ 30. Removal or suspension of public officers.  1. A local director\nmay be removed by the governor after such director has been given a copy\nof the charges against him and an opportunity to be heard in his\ndefense. Pending the preparation and disposition of charges, the\ngovernor may suspend such director for a period not exceeding thirty\ndays. The power of removal provided for in this subdivision shall be\ndeemed to be in addition to the power of removal otherwise provided for\nin this act or in any other law and shall apply notwithstanding any\ninconsistent provisions of this act or of any other law.\n  2. Notwithstanding any provision of law, and in addition to any other\npenalty fixed by law, willful failure by a public officer having\nadministrative responsibilities under this article to obey an order or\nregulation adopted or made pursuant to this article relating to his\nadministrative responsibilities shall be cause for removal from office.\nSubject to the provisions of the state constitution, such removal shall\nbe by the governor upon charges by the council or commission after\nservice upon such public officer of a copy of the charges and giving him\nan opportunity to be heard in his defense. Pending the preparation and\ndisposition of charges, the governor may suspend such public officer for\na period not exceeding thirty days.\n  3. A vacancy resulting from removal pursuant to this section shall be\nfilled by the governor until it is filled as otherwise provided by law.\n  4. In the event of attack or in the event of the failure of a county\nor city to carry out the provisions of this act or the plan, regulations\nor orders adopted pursuant thereto, the governor may direct the\ncommission to assume direct operational control of any or all agencies\nor public offices having administrative responsibilities pursuant to\nthis act to the extent necessary for the performance of such\nresponsibilities and in such event, the officers in charge of such\nagencies and offices shall only exercise such powers and perform such\nduties as are required of them by the commission or the person managing\nand conducting such agencies or offices pursuant to order of the\ncommission. In all such cases all expenses incurred by the commission to\nconduct such agencies or offices, including the salary or other\ncompensation of all persons employed, shall be a charge upon the\npolitical subdivision or subdivisions of the state otherwise liable for\nthe expense of such agency or office.\n

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.