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Removal of a public officer by the Appellate Division pursuant to Public Officers Law §36

Removal of a public officer by the Appellate Division pursuant to Public Officers Law §36
Matter of Salvador v Ross, 61 AD3d 1163

John Salvador Jr. asked the court to remove Teri Ross from her position of Assessor of the Town of Queensbury pursuant to Public Officers Law §36 for "mismanagement."*

Salvador alleged that Ross violated the law by permitting the late submission of numerous tax assessment complaints and by "allowing," and then implementing, a settlement which itself violated statutory law and public policy.

The Appellate Division said that Salvador?s allegations, even if accepted as true, ?do not remotely rise to the level required for removal pursuant to Public Officers Law §36. The legislative intent of §36, said the court, was ?to enable a town or village to rid itself of an unfaithful or dishonest public official," citing Matter of Miller v Filion, 304 AD2d 1016.

In the words of the court, ?It is firmly established that removal from office pursuant to Public Officers Law § 36 is unwarranted in the absence of allegations of "self-dealing, corrupt activities, conflict of interest, moral turpitude, intentional wrongdoing or violation of a public trust."

As the alleged ?misconduct? on the part of Ross does not warrant removal, the Appellate Division ruled that Salvador?s petition fails to state a cause of action and must be dismissed.

* §36 of the Public Officers Law provides, in pertinent part, for the removal of town, village, improvement district or fire district officer [except a justice of the peace] by the Appellate Division having jurisdiction "for any misconduct, maladministration, malfeasance or malversation in office."

Full post as published by New York Public Personnel Law on February 09, 2010 (boomark / email).