44
 

Administrative Departments.
 

[§96
 

ment from the mayor, except members of the board of education
and school boards, and except also judicial officers for whose
removal other provision is made by the constitution. After the
expiration of said period of six months, any such public officer
may be removed by the mayor for cause upon charges preferred
and after opportunity to be heard, subject, however, before' such
removal shall take effect to the approval of the governor expressed
in writing.
L. 1883, ch. 410, % 108 ; L. 1895, vol. 2, ch. 11.
 

Removal without cause, (a) The
period fixed by statute during which
an appointing- official may remove a
subordinate without cause, cannot be
extended by agreement between such
official and subordinate. Litt v.
Emery, 80 Hun, ^80.

Removal, for cause, (b) The
power of removal for cause given to
the mayor can only be exercised upon
just and reasonable grounds, and
after notice to the person charged.
The proceedings must be instituted
upon specific charges sufficient in
their nature to warrant the removal,
which, unless admitted, must be
proved; the defendant may cross-
examine the witnesses supporting the
charges, call others in his defense,
and in'all the steps of the pi'oceedings
is entitled to be represented by
counsel. People ex rel. The Mavor v.
Nichols, 79 N. Y. 583; rev'g 18 "Hun,
580; People ex rel. Nichols v. Cooper,
58 How. Pr. 358; aff'd in 21 Hun, 517.

(c) The proceeding for removal
under this section is judicial in its
character and subject to review by a
writ of certiorari. People ex rel. The
Mayor v. Nichols, 79 N. Y. 582; dis¬
tinguished in People ex rel. Kelch v.
 

Thompson, 36 Hun, 36 ; People ex rel.
Nichols V. The Mayor, 19 Hun, 441;
People ex rel. Wheeler v. Cooper, 57
How. Pr. 416.

(d)  Such proceedings are reviewable
by certiorari, though at the time of
issuing the writ, the removal has
neither been approved nor disap¬
proved by the governor. People ex.^
rel. Nichols v. The Mayor. 21 Hun,
517; Same v. Cooper, 58 How. Pr. 374.

(e)  The fact that the officer is guilty
of an offense which subjects him by
law to other and additional punish¬
ment does not prevent his removal by
the mayor for such act. People ex rel.
Shaler v. The Mayor, 53 Hun, 483;
S. C, 5 N. Y. Supp. 538; 24 N. Y. State
Rep. 341.

(/) The fact that the act which
forms the cause of removal is capable
of punishment as a criminal offense
does not require a conviction of the
officer for such oft'ense as a condition
to his removal by the mayo'r. People
ex rel. Shaler v. The Blayor, above.

(g) The distinction between a re¬
moval by the mayor and that by a
head of a department, stated, People
ex rel. Kelch v. Thomijson, 94 N. Y.
451.
 

Administrative departnien-ts.

§ 96. There shall be the following administrative departments.
in said city:

Department of finance.

Law department.

Police department.

Represented in the board of pubhc improvements:

1.   Department of water supply.

2.   Department of highways.

3.   Department of street cleaning.

4.   Department of sewers.