Legislation
SECTION 30
Removal or suspension of public officers
Defense Emergency Act 1951 784/51 (DEA) CHAPTER 784-51, ARTICLE 3
§ 30. Removal or suspension of public officers. 1. A local director
may be removed by the governor after such director has been given a copy
of the charges against him and an opportunity to be heard in his
defense. Pending the preparation and disposition of charges, the
governor may suspend such director for a period not exceeding thirty
days. The power of removal provided for in this subdivision shall be
deemed to be in addition to the power of removal otherwise provided for
in this act or in any other law and shall apply notwithstanding any
inconsistent provisions of this act or of any other law.
2. Notwithstanding any provision of law, and in addition to any other
penalty fixed by law, willful failure by a public officer having
administrative responsibilities under this article to obey an order or
regulation adopted or made pursuant to this article relating to his
administrative responsibilities shall be cause for removal from office.
Subject to the provisions of the state constitution, such removal shall
be by the governor upon charges by the council or commission after
service upon such public officer of a copy of the charges and giving him
an opportunity to be heard in his defense. Pending the preparation and
disposition of charges, the governor may suspend such public officer for
a period not exceeding thirty days.
3. A vacancy resulting from removal pursuant to this section shall be
filled by the governor until it is filled as otherwise provided by law.
4. In the event of attack or in the event of the failure of a county
or city to carry out the provisions of this act or the plan, regulations
or orders adopted pursuant thereto, the governor may direct the
commission to assume direct operational control of any or all agencies
or public offices having administrative responsibilities pursuant to
this act to the extent necessary for the performance of such
responsibilities and in such event, the officers in charge of such
agencies and offices shall only exercise such powers and perform such
duties as are required of them by the commission or the person managing
and conducting such agencies or offices pursuant to order of the
commission. In all such cases all expenses incurred by the commission to
conduct such agencies or offices, including the salary or other
compensation of all persons employed, shall be a charge upon the
political subdivision or subdivisions of the state otherwise liable for
the expense of such agency or office.
may be removed by the governor after such director has been given a copy
of the charges against him and an opportunity to be heard in his
defense. Pending the preparation and disposition of charges, the
governor may suspend such director for a period not exceeding thirty
days. The power of removal provided for in this subdivision shall be
deemed to be in addition to the power of removal otherwise provided for
in this act or in any other law and shall apply notwithstanding any
inconsistent provisions of this act or of any other law.
2. Notwithstanding any provision of law, and in addition to any other
penalty fixed by law, willful failure by a public officer having
administrative responsibilities under this article to obey an order or
regulation adopted or made pursuant to this article relating to his
administrative responsibilities shall be cause for removal from office.
Subject to the provisions of the state constitution, such removal shall
be by the governor upon charges by the council or commission after
service upon such public officer of a copy of the charges and giving him
an opportunity to be heard in his defense. Pending the preparation and
disposition of charges, the governor may suspend such public officer for
a period not exceeding thirty days.
3. A vacancy resulting from removal pursuant to this section shall be
filled by the governor until it is filled as otherwise provided by law.
4. In the event of attack or in the event of the failure of a county
or city to carry out the provisions of this act or the plan, regulations
or orders adopted pursuant thereto, the governor may direct the
commission to assume direct operational control of any or all agencies
or public offices having administrative responsibilities pursuant to
this act to the extent necessary for the performance of such
responsibilities and in such event, the officers in charge of such
agencies and offices shall only exercise such powers and perform such
duties as are required of them by the commission or the person managing
and conducting such agencies or offices pursuant to order of the
commission. In all such cases all expenses incurred by the commission to
conduct such agencies or offices, including the salary or other
compensation of all persons employed, shall be a charge upon the
political subdivision or subdivisions of the state otherwise liable for
the expense of such agency or office.