Will NY Gov. Fire Any Sheriffs Who Publicly Oppose the State
Posted: Wed May 22, 2013 2:23 pm
It seems that Governor Cuomo of NY may have threatened to fire any sheriffs who don't toe the line with repsect to gun control. It seems he can do so, within certain guidelines according to the NY constitution. It appears he can do so, even though they are locally elected. As far as I know, the Governor of Texas has no such power. It would be interesting to see what "charges" are brought against them for speaking their minds.
[Law enforcement and other officers]
ยง13. (a) Except in counties in the city of New York and except as authorized in section one of article nine of this constitution, registers in counties having registers shall be chosen by the electors of the respective counties once in every three years and whenever the occurring of vacancies shall require; the sheriff and the clerk of each county shall be chosen by the electors once in every three or four years as the legislature shall direct. Sheriffs shall hold no other office. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. The governor may remove any elective sheriff, county clerk, district attorney or register within the term for which he or she shall have been elected; but before so doing the governor shall give to such officer a copy of the charges against him or her and an opportunity of being heard in his or her defense. In each county a district attorney shall be chosen by the electors once in every three or four years as the legislature shall direct. The clerk of each county in the city of New York shall be appointed, and be subject to removal, by the appellate division of the supreme court in the judicial department in which the county is located. In addition to his or her powers and duties as clerk of the supreme court, he or she shall have power to select, draw, summon and empanel grand and petit jurors in the manner and under the conditions now or hereafter prescribed by law, and shall have such other powers and duties as shall be prescribed by the city from time to time by local law.
http://news.yahoo.com/did-ny-gov-threat ... 13627.html
Some critics have pointed to New York State's new gun control law as chilling in its scope and intent. But new allegations coming from sheriffs may add to the outcry, as some authorities maintain that Gov. Andrew Cuomo pushed local sheriffs to stop publicly speaking out against the SAFE Act, the gun-control law he signed in January. One source, in fact, told a local outlet that the governor threatened sheriffs' jobs if they don't comply.
Article 13, Section 13 of the NY State ConstitutionOne person briefed on the meeting said Cuomo threatened to remove sheriffs from office, a little-used power afforded the state's chief executive under the state constitution.
[Law enforcement and other officers]
ยง13. (a) Except in counties in the city of New York and except as authorized in section one of article nine of this constitution, registers in counties having registers shall be chosen by the electors of the respective counties once in every three years and whenever the occurring of vacancies shall require; the sheriff and the clerk of each county shall be chosen by the electors once in every three or four years as the legislature shall direct. Sheriffs shall hold no other office. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. The governor may remove any elective sheriff, county clerk, district attorney or register within the term for which he or she shall have been elected; but before so doing the governor shall give to such officer a copy of the charges against him or her and an opportunity of being heard in his or her defense. In each county a district attorney shall be chosen by the electors once in every three or four years as the legislature shall direct. The clerk of each county in the city of New York shall be appointed, and be subject to removal, by the appellate division of the supreme court in the judicial department in which the county is located. In addition to his or her powers and duties as clerk of the supreme court, he or she shall have power to select, draw, summon and empanel grand and petit jurors in the manner and under the conditions now or hereafter prescribed by law, and shall have such other powers and duties as shall be prescribed by the city from time to time by local law.
http://news.yahoo.com/did-ny-gov-threat ... 13627.html