Informal Opinion No.

David B. Kahl, Esq. Town Attorney, Caton

You informed us that your town highway superintendent has pleaded guilty to official misconduct and falsifying business records, both misdemeanors, and has never filed his oath of office. You have asked whether it is appropriate to seek removal of this officer under section30(1)(e) or (h) or section 36 of the Public Officers Law.

Town Officers are required to file the oath of office required by the Constitution (Town Law, § 25). Upon the refusal or neglect of a public officer to file the oath of office within the time period established by law, the…