context: HDC commissioners do not enjoy the insulation from political influence that comes from lifetime or long-term tenure. Once appointed, a commissioner is entitled to serve, by law, for a term of either five years (regular members) or three years (alternates).
citation_a.signal: see
citation_a.identifier: 344 F.3d 292, 298
citation_a.parenthetical: assuming, in part because the health commissioner was entitled to serve a finite term, "that the commissioner is not removable at will [by the governor] and that such insulation from political influence weighs in favor of a grant of absolute immunity"
citation_a.sentence: See id. § 12-4(C). That said, there is no indication that HDC commissioners can be removed at will by members of the Board of Warden and Burgess-es, and the fact that commissioners are entitled to serve at least three or five years is somewhat suggestive of the fact that they are not removable at will. See DiBlasio v. Novello, 344 F.3d 292, 298 (2d Cir. 2003) (assuming, in part because the health commissioner was entitled to serve a finite term, “that the commissioner is not removable at will [by the governor] and that such insulation from political influence weighs in favor of a grant of absolute immunity”); see also Tulloch, 50 F.3d at 117 (Department of Correctional Services’ “control over the hearing officers’ terms of employment” undermines the officers’ insulation from political influence).
citation_b.signal: see also
citation_b.identifier: 50 F.3d 117, 117
citation_b.parenthetical: Department of Correctional Services' "control over the hearing officers' terms of employment" undermines the officers' insulation from political influence
citation_b.sentence: See id. § 12-4(C). That said, there is no indication that HDC commissioners can be removed at will by members of the Board of Warden and Burgess-es, and the fact that commissioners are entitled to serve at least three or five years is somewhat suggestive of the fact that they are not removable at will. See DiBlasio v. Novello, 344 F.3d 292, 298 (2d Cir. 2003) (assuming, in part because the health commissioner was entitled to serve a finite term, “that the commissioner is not removable at will [by the governor] and that such insulation from political influence weighs in favor of a grant of absolute immunity”); see also Tulloch, 50 F.3d at 117 (Department of Correctional Services’ “control over the hearing officers’ terms of employment” undermines the officers’ insulation from political influence).