New York Constitution Article V - Officers And Civil Departments
New York Constitution – Article V: Officers and Civil Departments
Article V of the New York Constitution defines the structure, powers, duties, and selection of various state officers and civil departments that make up the executive branch and other administrative functions of state government. It sets the framework for how state officials are elected or appointed, their terms, and how departments operate.
Key Highlights of Article V:
Section 1: State Officers
Specifies key state officers, including:
Governor
Lieutenant Governor
Comptroller
Attorney General
Defines their terms of office and the manner of election (usually by popular vote).
Establishes qualifications and grounds for removal or suspension.
Section 2: Civil Departments
Provides for the creation and organization of civil departments (executive agencies) as the Legislature directs.
Civil departments are responsible for executing state laws and administering public programs.
Departments operate under the direction of heads appointed by the Governor or otherwise provided by law.
Section 3: Appointment Powers
The Governor has the power to appoint department heads, officers, and officials where authorized by law.
Many appointments require confirmation by the Senate.
The article may specify terms or qualifications for appointed officers.
Section 4: Other State Officers
Defines offices such as:
Secretary of State
Treasurer
Superintendent of Public Works
Details how these offices are filled—either by election or appointment.
Section 5: Removal and Suspension
Outlines procedures for the removal, suspension, or resignation of state officers.
Includes mechanisms for filling vacancies, sometimes via special elections or gubernatorial appointments.
Section 6: Salaries and Expenses
Provides that salaries of state officers and employees must be fixed by law.
Expenses for civil departments and officers must be paid out of the state treasury according to appropriations.
Summary:
Article V lays the constitutional foundation for New York’s executive branch and civil departments, ensuring a clear system for the election, appointment, duties, and accountability of key officials. It balances powers between elected and appointed officers and establishes processes for managing the civil administration of the state.
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