Best Lawblog Contest for 2017 now being conducted by The Legal Institute

From now until
September 15th, 2017, Lawblog fans can nominate their favorite blogs and bloggers for inclusion in the voting round of 2017. As in previous years, the nomination process is competitive, meaning the more nominations a blog receives, the more likely it is to be included in the public voting stage of the contest.

To access the link to the nomination form, click on:

https://www.theexpertinstitute.com/blog-contest/?utm_source=email&utm_medium=email&utm_content=CTA&utm_campaign=blog-contest-8.14.2017-general

Friday, June 15, 2012

Removal of an officer of a political subdivision of the State for misconduct, maladministration, malfeasance or malversation in office


Removal of an officer of a political subdivision of the State for misconduct, maladministration, malfeasance or malversation in office
Matter of Hedman v Town Bd. of Town of Howard, 56 AD3d 1287

§36 of the Public Officers Law provides for the removal of an officer of a town, a village, an improvement district or a fire district, [other than a justice of the peace], found guilty of misconduct, maladministration [performing official duties corruptly or inefficiently], malfeasance [performing official duties inadequately or poorly], or malversation [misuse of public or other funds] while holding public office.

In this action it was alleged that a member of the Town Board attempted to conceal his relationship with an alternate energy company, and ignored an alleged conflict of interest that arose when he voted to approve a wind energy facility proposed by company that included installing a wind turbine on the Board member’s property.

The Appellate Division, citing Jones v Filkins, 238 AD2d 954, said that the removal of an official from office pursuant to Public Officers Law §36 "generally will not be granted absent allegations of self-dealing, corrupt activities, conflict of interest, moral turpitude, intentional wrongdoing or violation of a public trust[,]” while allegations of  “minor neglect of duties, administrative oversights, or violations of law do not, in general, warrant removal."

The court decided no an actual conflict of interest that would warrant the removal of the Board member had been shown, explaining that the submitted evidence in support of the alleged conflict of interest that consisted solely of company's proposal for a wind energy facility in which Board member was identified as a proposed participating landowner on whose property a wind turbine would be located.

In contrast, the Appellate Division said that the Board member had established that he had not entered into any agreement with company with respect to a wind turbine at the time he voted on the proposal in favor of the company's plan for a wind energy facility. Further, the court said that the allegation that Board member had intentionally concealed his relationship with company “was based on pure speculation and thus was not entitled to any evidentiary weight.”

The full text of the decision is posted on the Internet at:

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.