In Re Advisory Opinion To Governor, in Re

• Decision Date: 14 December 1912
• Parties: In re ADVISORY OPINION TO GOVERNOR.
• Court: Florida Supreme Court

60 So. 337

64 Fla. 168

In re ADVISORY OPINION TO GOVERNOR.

Florida Supreme Court

December 14, 1912

In the matter of the Advisory Opinion to the Governor.

F.S.A Const. art. 4, § 15, does not authorize the Governor to suspend a county commissioner for an act of malfeasance or misfeasance in office committed prior to the beginning of his current term.

Syllabus by the Court

SYLLABUS

The Constitution does not authorize the Governor to suspend an incumbent of the office of county commissioner for an act of malfeasance or misfeasance in office committed by him prior to the date of the beginning of his current term of office as such county commissioner.

OPINION

To His Excellency, Albert W. Gilchrist, Governor of Florida.

Dear Sir: The following communication from you has been received:

'State of Florida, Executive Department, Tallahassee.

'December 13, 1912.

'To the Honorable the Chief Justice and the Associate Justices of the Supreme Court of Florida.

'Gentlemen: It has been represented to me that one of the present members of the board of county commissioners of one of the counties of this state, about eight years ago, while at that time serving as a member of the board of county commissioners under a commission prior to the commission under which he is now serving, corruptly received a bribe of a considerable sum of money to influence his action and vote as a member of such board of county commissioners.

'The charge comes from a source entitled to respectful consideration, and upon such charge I am requested as Governor, to remove the said member of the board of county commissioners from office.

'In pursuance of the provisions of section 13 of article 4 of the Constitution of the state of Florida, I have the honor to request the opinion of the Justices of the Supreme Court as to whether, as Governor, I have authority under section 15 of article 4 of the state Constitution, or under any other section of the state Constitution, to suspend a member of the board of county commissioners for any act of malfeasance or misfeasance committed by him in his said office under a commission prior to the commission under which he is now serving.

'Very Respectfully,

'Albert W. Gilchrist,

'Governor.'

Section 15 of article 4 provides that: 'All officers that shall have been appointed or elected, and that are not liable to impeachment, may be suspended from office by the Governor for malfeasance, or misfeasance, or neglect of duty in office, for the...