87 N.Y.S. 1122 | N.Y. App. Div. | 1904
The relator claims that his removal by the defendants was illegal and brings this proceeding to compel the defendants to reinstate him. Prior to the adoption of the charter of the city of New York (Laws of 1897; chap. 378, §§ 1570, 1571) office, of coroner had
The question of the election of coroners under this provision of the charter was presented to the Appellate Division, in the second department in the case of People ex rel. Burger v. Blair (21 App. Div. 213; affd. on opinion below, 154 N. Y. 734). It was held that the borough coroners are city officers, and their.salaries and the expenses of their offices are charged on the entire city alike; that the salaries and expenses of county coroners are county charges and charged only upon the counties for which they are elected; and although in the opinion when discussing the election or appointment of coroners, it is said: “ While the office is no longer a constitutional one, still it falls within section 2 of article 10 of the Constitution, which directs that all county officers shall be appointed by the board of supervisors or other county authorities, as the Legislature shall direct; ” and that under this provision the Governor would have no power to appoint a coroner if a vacancy was created in the office by the Legislature; still, it was expressly decided that the coroners were borough officers, elected under section 1570 of'the charter of the city of New York, and not county officers, and considering the provisions of the Constitution and the charter there is no escape from that conclusion.
Assuming, therefore, that the coroners are, under the charter of 1897, borough officers of the city of New York, elected under its provisions, the further question is presented as to whether section 1543 of the charter applied to clerks appointed by the coroners. Section 118 of the charter provides that the mayor shall appoint the heads of all departments and all commissioners, except as otherwise provided in the act. Section 96 provides that there shall be eighteen administrative departments in the said city, among which cor- . oners are not included. By subsequent sections these various departments and the duties that are imposed upon their heads are specified; and then, by section 1543, it is provided as follows: “ The heads of all departments (except as otherwise specially provided) shall have power to appoint and remove all chiefs of bureaus (except the chamberlain) as also all clerks, officers, employes and subordinates in their respective departments, except as herein otherwise specially provided, without reference to the tenure of office of any existing
I do not think that section 1543 of the charter has any application to clerks or other officers, except those in the regular city departments. The administrative departments of the city government are specified in the charter. (See § 96.) The head of each department is appointed by the mayor. (§ 118.) The duties of the heads and officers in the departments are regulated, 'and they become corporate officers to perform the duties imposed upon the municipal corporation. By section 1543 of the charter the heads of the departments are given the power to appoint and remove all chiefs of bureaus, except the chamberlain, and also all clerks, officers, employees and subordinates in their respective departments. It is quite clear that this provision would not apply to the subordinates of coroners, and in connection with this power of appointment which applies only to the regular city departments there is the provision which restricts the power of the head of a department to
As there appear to be no other restrictions as to the power of the coroners to remove the relator, except that contained in section 1543 of the charter, and as that section does not apply, we can see no reason why the defendants had not authority to remove the relator without assigning any reason, or without giving the relator an opportunity to be heard; and it follows that the final order granting the peremptory mandamus must.be reversed, and the proceeding dismissed, with costs.
Van Brunt, P. J., O’Brien, McLaughlin and Hatch, JJ., concurred.
Order reversed and proceeding dismissed, with costs.