On September 7, 2023,
Albany Times Union Columnist Chris Churchill reported that Roman Catholic Diocese of Albany Bishop Edward Scharfenberger "submitted
[his resignation] to the Vatican on the occasion of Scharfenberger's May 29 birthday ... reflected that
bishops are required to submit their resignation when they turn 75."
Mr. Churchill opined, "Pope Francis can now
accept Scharfenberger's resignation and name a replacement. But that isn't
expected, principally for two reasons: One, Scharfenberger doesn't want to step
down just yet, and, two, it is likely the pope will want the bishop to see out
an ongoing Chapter 11 bankruptcy process initiated in response to Child Victims
Act claims."
Such is not the case with respect to a resignation submitted by
a public officer of the State of New York
or a by a public officer of a political subdivision of the State of New
York as §31.2 of the New York State Public Officers Law,
Resignations,*
provides as follows:
"Every resignation shall be in writing addressed to the
officer or body to whom it is made. If no effective date is specified in such resignation,
it shall take effect upon delivery to or filing with the proper officer or
body. If an effective date is specified in such resignation, it shall take effect
upon the date specified, provided however, that in no event shall the effective
date of such resignation be more than thirty days subsequent to the date of its
delivery or filing; except that the effective date of the resignation of a
judge or justice of the unified court system may be up to ninety days
subsequent to the date on which such resignation is delivered or filed. If a resignation
specifies an effective date that is more than thirty days subsequent to the
date of its delivery or filing, or more than ninety days subsequent thereto where
such resignation is that of a judge or justice, such resignation shall take effect
upon the expiration of thirty days from the date of its delivery or filing, or
upon the expiration of ninety days therefrom, as appropriate."
The withdrawal of a resignation delivered to the appropriate officer or body typically requires the approval of the appointing authority or body, as the case may be.
* Other state statutes provide for procedures to
be followed with respect to the submission of a resignation by particular public
officers. In addition, rules and regulations, and provisions set out in a
collective bargaining agreement negotiated pursuant to Article 14 of the Civil
Service Law, the so-called Taylor Law, may control with respect to resignations
of employees of the State as the employer or employees of a political subdivision of the State
as the employer. Further, although not all public employees in the civil
service are public officers, all public officers in the civil service are public
employees.