Monday, November 03, 2014

Removal of a public officer from his or her office


Removal of a public officer from his or her office
Kalodukas v Berentsen, 2014 NY Slip Op 07406, Appellate Division, Third Department

Glenda Kalodukas and other citizen residents of the Village of Bloomingburg in Sullivan County [Kalodukas], filed a petition in the Appellate Division pursuant to Public Officers Law §36* seeking to have the Appellate Division remove Mark Berentsen from his position of Mayor of the Village, alleging, among other things, that he violated General Municipal Law Article 18.**

Berentsen asked the court to dismiss the petition arguing, among other things, that the proceeding was moot in view of the fact that he was unsuccessful in his bid for reelection and no longer held the office of Mayor. The Appellate Division agreed and dismissed Kalodukas’ petition.

The court explained §36 of the Public Officers Law provides, as relevant in this action, that a village officer may be removed from office for "misconduct, maladministration, malfeasance or malversation in office." As Berentsen had lost his bid for reelection and no longer helds the public office from which Kalodukas sought to have him removed, the Appellate Division said that “the proceeding is undoubtedly moot.” 

In addition, the court addressed Kalodukas’ argument that the petition was not moot because Berentsen’s removal would prevent him from holding public office in the future. The Appellate Division, in a footnote, said that findings against an official in a removal proceeding pursuant to §36 of the Public Officers Law would not a bar his or her subsequent election to public office.***

* Such an application for removal may be made to the appellate division by any citizen resident of such town, village, improvement district or fire district, or by the district attorney of the county, in which such town, village or district is located. The officer is to given at least eight days notice and a copy of the charge[s] upon which the application will be made must be served with such notice.

** Article 18 is captioned Conflicts of Interest of Municipal Officers and Employees”

*** In contrast, the court noted that Article VI, § 22 [h] of the State Constitution “A judge or justice removed by the [C]ourt of [A]ppeals shall be ineligible to hold other judicial office."

The decision is posted on the Internet at:

 __________________

The Discipline Book, - A concise guide to disciplinary actions involving public employees in New York State set out in a 2100+ page e-book. For more information click on http://booklocker.com/books/5215.html
 __________________



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/

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/

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.

_____________________

.