The power to sign or veto appropriations, of course, does give the governor some power to direct the distribution or nondistribution of money. That is an important power. But it doesn’t carry within “custody or possession” of the money, just like a juror or judge deciding whether to order plaintiff to pay defendant money doesn’t thereby acquire “custody or possession” of the money being paid. 2. Beyond this, how does vetoing the appropriation qualify as “misuse,” in the sense of “dealing with” the $7.5 million “contrary to an agreement under which defendant held such property or contrary to the oath of office he took as a public servant”? I think I understand what this language means in typical cases — for instance, if there’s an agreement (perhaps even an implied agreement) that certain property (say, city-owned trucks managed by the defendant) is to be used for city business and not to haul away material from the defendant’s own private demolition site.
Posted on: Sun, 17 Aug 2014 03:14:54 +0000
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