What law gives the governor of New York the power to remove mayors, district attorneys, and other nonjudicial public officers?

Answer

The governor's power to remove a public officer is derived from the New York State Constitution, Article 13, §§ 5 and 13(a)-(b)Public Officers Law § 33 codifies this power with respect to municipal mayors and police commissioners only. The New York City Charter § 9 affirms this power with respect to the mayor of New York City.

There are few precedents for the exercise of this power. In 1900, Governor Theodore Roosevelt removed the elected district attorney of New York County, Asa Bird Gardiner, on charges of "interfering with deputies of the Attorney General in presentation of election cases to the Grand Jury and the prosecution thereof." In 1932, Governor Franklin D. Roosevelt held hearings to remove Mayor Jimmy Walker. People ex rel Walker v Roosevelt, 144 Misc 525 (Sup Crt, Albany County 1932) provides some background to this famous Tammany Hall case, which cites the 1896 Constitution and the 1901 New York City Charter.

  • Last Updated Oct 11, 2024
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