Friday, July 12, 2013

Public officer automatically terminated from his or her position upon conviction of a crime or a violation of his or her oath of office

Public officer automatically terminated from his or her position upon conviction of a crime or a violation of his or her oath of office
Hodgson v McGuire, 75 A.D.2d 763

Public Officers Law §30 provides for an automatic forfeiture of office upon a public officer’s conviction of a felony or a crime involving a violation of his oath of office.

A police officer was dismissed following his entering a plea of guilty to a crime (official misconduct) that was a class A misdemeanor under the Penal Law.

The police officer admitted acceptance of $350 from an undercover police officer and was dismissed without a hearing.

The Appellate Division held that police officers are public officers and that the underlying crime, although not a felony, involved a violation of his oath of office. The court indicated that there is a strong public policy in favor of vacating the office of a public officer convicted of a violation of his oath of office.

As the office was automatically vacated by operation of law, no pre-termination hearing was required.



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

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

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

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

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