Governor David Paterson has rejected a request by Concerned Citizens of Cobleskill that he remove Supervisor Town Murray from office on legal grounds.
In a letter dated August 20, Peter Kiernan, counsel to Governor Paterson, calls the use of the “n-word’ “derogatory and hurtful” but concludes that, “After reviewing this matter thoroughly…the Governor does not have the legal authority to remove the Town Supervisor.”
“The Governor does not support the use of racially divisive or demeaning language in any context,” writes Mr. Kiernan.
“…when such remarks touch on an emotional issue such as race, the consequences can be all the more hurtful. As such, Supervisor Murray’s use of this type of language has engendered understandable and justified criticism and anger.”
But, Mr. Kiernan continues, while Public Officer’s Law allows the Governor to remove certain appointed elected officials, “Given that Mr. Murray is elected, this provision does not apply.”
A provision of the law allows for removal for “treasonable or seditious” words, he continues, “While Mr. Murray’s words were offensive, they were neither treasonable nor seditious.”
Mr. Kiernan continues:
Here are also significant First Amendment freedom of speech issues with respect to a state sponsored removal of an official for the content of that official’s speech.
“The general rule is that the government cannot punish an individual for his or her speech, even if offensive, crude and unjustified…one must recognize the gravity of taking action to remove a democratically elected official before the end of the official’s term.”
Mr. Kiernan concludes:
“The comments made by Supervisor Murray were unfortunate and unacceptable; however, it is for the people of Cobleskill to determine whether they are unforgivable.”