Sea Lawyer

Utica, NY

#1 Feb 8, 2013
During the New York State impeachment trial of George Barnard, it was held that public officials in New York State can be impeached for "maladminstration." "High Crimes and Misdemeanors" need not be shown. Maladminstration has been the standard, at Case Law.

Additionally, New York Village law SPECIFICALLY uses the word "maladminstration" as an impeachable offense.(Yes, I hear everyone saying that LF is not a village, it's a city, but the PRINCIPLE is there, both in Statute and Case Law in New York State.)

Cowabunga, anyone?

hmmmmmmmmmmm
Bobby in 2016

Little Falls, NY

#2 Feb 8, 2013
Sea Lawyer wrote:
During the New York State impeachment trial of George Barnard, it was held that public officials in New York State can be impeached for "maladminstration." "High Crimes and Misdemeanors" need not be shown. Maladminstration has been the standard, at Case Law.
Additionally, New York Village law SPECIFICALLY uses the word "maladminstration" as an impeachable offense.(Yes, I hear everyone saying that LF is not a village, it's a city, but the PRINCIPLE is there, both in Statute and Case Law in New York State.)
Cowabunga, anyone?
hmmmmmmmmmmm
Sources, please?
question

New York, NY

#5 Feb 8, 2013
Sea Lawyer wrote:
During the New York State impeachment trial of George Barnard, it was held that public officials in New York State can be impeached for "maladminstration." "High Crimes and Misdemeanors" need not be shown. Maladminstration has been the standard, at Case Law.
Additionally, New York Village law SPECIFICALLY uses the word "maladminstration" as an impeachable offense.(Yes, I hear everyone saying that LF is not a village, it's a city, but the PRINCIPLE is there, both in Statute and Case Law in New York State.)
Cowabunga, anyone?
hmmmmmmmmmmm
True enough, but we are a city and not a village. Does our city charter have an impeachment clause?
Sea Lawyer

Utica, NY

#6 Feb 8, 2013
New York State Law, Public Officers, Section 33:

" ยง 33. Removals by governor. 1. An officer appointed by the governor
for a full term or to fill a vacancy, whose appointment is not required
by law to be made by and with the advice and consent of the senate, any
county treasurer, any county superintendent of the poor, any register of
a county or any coroner, except as otherwise provided by special
provisions of law, may be removed by the governor within the term for
which such officer shall have been chosen, after giving to such officer
a copy of the charges against him and an opportunity to be heard in his
defense.
2. The chief executive officer of every city and the chief or
commissioner of police, commissioner or director of public safety or
other chief executive officer of the police force by whatever title he
may be designated, of every city may be removed by the governor after
giving to such officer a copy of the charges against him and an
opportunity to be heard in his defense. The power of removal provided
for in this subdivision shall be deemed to be in addition to the power
of removal provided for in any other law. The provisions of this
subdivision shall apply notwithstanding any inconsistent provisions of
any general, special or local law, ordinance or city charter."
Sea Lawyer

Utica, NY

#7 Feb 8, 2013
Granted that the law with respect to the removal of City officials does not specifically use the term "maladminstration" as the bar for impeachement...but...

Since Barnard was a State official (a judge) who was removed with the word "maladministration" used in the decision, and since Village Law specifically uses that term as well, it is difficult to imagine how the argument could be made that the standards for removal of City officials is higher than are the standards for removal of State or Village officials.

FWIW..."Maladministration "="the actions of a government body which can be seen as causing an injustice."

Since: Nov 11

Location hidden

#8 Feb 8, 2013
Is anybody else getting really annoyed by Jimmy Fallon and Lincoln?
Caveman lawyer

Little Falls, NY

#9 Feb 8, 2013
Sea Lawyer wrote:
Granted that the law with respect to the removal of City officials does not specifically use the term "maladminstration" as the bar for impeachement...but...
Since Barnard was a State official (a judge) who was removed with the word "maladministration" used in the decision, and since Village Law specifically uses that term as well, it is difficult to imagine how the argument could be made that the standards for removal of City officials is higher than are the standards for removal of State or Village officials.
FWIW..."Maladministration "="the actions of a government body which can be seen as causing an injustice."
Yeah, now all we have to do is get Governor Cuomo involved. I'm sure he'll show great interest in the matter.
Sea Lawyer

Utica, NY

#10 Feb 8, 2013
Caveman lawyer wrote:
<quoted text>
Yeah, now all we have to do is get Governor Cuomo involved. I'm sure he'll show great interest in the matter.
Well, it IS part of his job, and his duties, which he has sworn an oath to fulfill. At any rate, no one can do their duty unless they are first given a chance to do their duty.
Caveman lawyer

Little Falls, NY

#11 Feb 8, 2013
Sea Lawyer wrote:
Well, it IS part of his job, and his duties, which he has sworn an oath to fulfill. At any rate, no one can do their duty unless they are first given a chance to do their duty.
Yes, one of his main duties is to remove the duly-elected mayor of Little Falls over a property tax dispute. I'm sure there's a hotline you can call for that. He probably has a red phone for Little Falls' concerns right on his desk.
Sea Lawyer

Utica, NY

#12 Feb 8, 2013
Caveman lawyer wrote:
<quoted text>
Yes, one of his main duties is to remove the duly-elected mayor of Little Falls over a property tax dispute. I'm sure there's a hotline you can call for that. He probably has a red phone for Little Falls' concerns right on his desk.
Ha! I suppose, then, the real question is whether a City Council can order a City Attorney to file suit to impeach a Mayor?
Curious

New York, NY

#13 Feb 8, 2013
Sea Lawyer wrote:
<quoted text>
Ha! I suppose, then, the real question is whether a City Council can order a City Attorney to file suit to impeach a Mayor?
The answer to that lies in the city charter, which has not been published in years, and is kept secret from the citizens of Little Falls. It is certainly not posted on the city website, that's fer sher.
Caveman lawyer

Little Falls, NY

#14 Feb 8, 2013
Sea Lawyer wrote:
Ha! I suppose, then, the real question is whether a City Council can order a City Attorney to file suit to impeach a Mayor?
Well, first of all they'd have to find the city attorney; and don't bother checking the council chambers. Second of all I don't think you can sue for impeachment. Are you a sea lawyer in the sense that you've gone days at sea with only saltwater around you, are therefor very dehydrated, and although the temptation to drink seawater is great due to your parched condition, you realize it will lead to your demise, so you forgo drinking the water, and with the ever-increasing dehydration comes a decline in cognitive function?

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