Research


Administrative History

The governor's authority to investigate the conduct of public officers and to remove them from office is outlined in the state constitution and in numerous statutes.

In 1813, the governor was authorized to remove the state treasurer from office for violating the duties of the office (Revised Laws, Chapter VI, Paragraph III). In 1823 (Chapter 70), the governor was authorized to recommend to the senate removal of judicial officers.

The 1821 and 1846 state constitutions provided for the removal of specified public officers by the governor, the legislature, or the senate upon the governor's recommendation. Article 10, Section 7 of the 1846 state constitution stated that "provision shall be made for the removal for misconduct" of government officers (except for legislative or judicial officers). Revised Statutes of 1846 and 1852 (Part I, Chapter 5, Title 6, various sections) provided for the removal by the governor of officers appointed by the governor as well as specified local officers.

Statutes of 1866 (Chapter 629), 1875 (Chapter 397), and 1876 (Chapter 133) detailed the governor's responsibilities to serve various public officers with a copy of the charges against them; to investigate the charges or appoint the attorney general or another person or persons to investigate the charges; to examine witnesses; to give the officers an opportunity to defend themselves; and to remove the officers when deemed appropriate. These and other related provisions were incorporated into the Public Officers Law (Article II, Sections 22-25) in 1892 (Chapter 681). In 1909 (Chapter 51), these provisions and later statutory amendments were reworked as Article III, Sections 32-36 of the Public Officers Law (Consolidated Laws, Chapter 47).

The Executive Law (Laws of 1892, Chapter 683) was amended in 1907 (Chapter 539) by the addition of Section 7 authorizing the governor or persons appointed by him "to examine and investigate the management and affairs of any department, board, bureau, or commission of the state." Known as the Moreland Act, this provision was reworked in 1909 (Chapter 23) as Section 8 of the Executive Law (Consolidated Laws, Chapter 18). It became Section 6 of the Executive Law in 1951 (Chapter 800).