New York Public Personnel Law: Public officer automatically terminated from his or her position upon conviction of a crime or a violation of his or her oath of office

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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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. 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 posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.