§ 34. Proceedings for removal by governor. 1. In any proceeding for
the removal by the governor of a public officer, he may conduct an
investigation into the charges, and may take the evidence as to the
truth of the charges at a hearing for such purpose, or he may direct
that such investigation or hearing, or both, shall be conducted by a
justice of the supreme court of the judicial district, or the county
judge of the county, in which the officer proceeded against shall
reside, or by a commissioner appointed by the governor, by an
appointment, in writing, filed in the office of the secretary of state.

2. The governor may direct the attorney-general or the district
attorney of the county in which the officer proceeded against resides,
to assist the governor, or the person designated by the governor under
the first subdivision of this section, in the conduct of the
investigation into the charges, and of the hearing into the truth of the
charges. If the hearing provided for in this section shall be conducted
by a justice, judge or commissioner, it shall be held at such place in
the county in which the officer proceeded against shall reside as the
justice, judge or commissioner shall appoint, and at least eight days
after written notice of the time and place of such hearing shall have
been given to the officer proceeded against.

3. The governor may direct the justice, judge or commissioner to
report to him the evidence taken at such hearing, or the evidence and
the findings of the material facts deemed by such justice, judge or
commissioner to be established. Both in the investigation of the charges
and at the hearing into the truth of the charges, the governor or the
person designated by him under the first subdivision of this section may
require witnesses to attend before him, and may also require the
production of any books, papers, or other documents, deemed by him to be
material, and shall issue subpoenas for such witnesses for appearance at
the hearing as may be requested by the officer proceeded against.

4. At the hearing provided for in this section, the officer proceeded
against and his counsel shall be permitted to attend, but such officer
or his counsel shall have no right to be present at the investigation
provided for unless the governor or the person designated by him to
conduct such investigation so directs. No evidence taken in such
investigation shall form the basis of any report to the governor by the
person designated by him under subdivision one of this section, or the
basis of any determination by the governor, unless such evidence is
presented at the hearing provided for in this section.

5. The person designated under subdivision one of this section, or the
governor, where no person is so designated, is authorized to employ
counsel in any case where the attorney-general or district attorney has
not been directed to assist the governor or his designee, as provided in
subdivision two of this section, and to employ such personnel as may be
necessary to assist him in the performance of his duties under this
section.

6. If the proceeding be for removal of a state officer, the reasonable
expenses incurred in the conduct thereof, including the compensation of
authorized counsel and of necessary assistants, in the taking and
printing of the testimony, shall be paid by the state, on the
certificate of the governor, out of moneys appropriated or available
therefor.

7. If the proceeding be for the removal of a county or city officer,
the reasonable expenses incurred in the conduct thereof shall be a
county or city charge, as the case may be. The board of supervisors of
the county, or the board of estimate and apportionment or other board or
body of the city vested with the power to make appropriations, on the
requisition of the governor, from time to time, shall forthwith
appropriate such sum as shall be needed to pay such expenses; and after
such appropriation shall have been duly made, the fiscal officer of the
county or city, as the case may be, shall pay such expenses, upon
vouchers approved by the governor, after audit, in the same manner and
by the same authority as other county or city charges are audited and
paid.

8. A person designated by the governor to conduct an investigation or
hearing, or both, under this section, who is not regularly employed by
the state or by a county or city, shall be paid a reasonable
compensation for his services, to be fixed by the governor, and paid in
the same manner as other expenses for the removal of a state officer, or
a county or city officer, as the case may be, as provided in this
section.

9. All sheriffs, coroners, constables and marshals to whom process
shall be directed and delivered under this section shall execute the
same without unnecessary delay.