§ 403 — Official undertakings

New York § 403

• Jurisdiction: New York
• Law CNT: County
• Art. 8: Officers; General Provisions

Text

§ 403. Official undertakings. The county clerk, the county treasurer,\nthe district attorney, the sheriff, such county officers as shall be\nspecially required by law, and such other county officers as may be\nrequired by local law or resolution of the board of supervisors, shall,\nbefore entering upon the duties of his office, execute an official\nundertaking as provided in section eleven of the public officers law,\nexcept as otherwise provided by law. The amount of such undertaking\nshall be fixed by the board of supervisors and approved by such board if\nin session and if not in session by the county clerk, except the\nundertaking of the county clerk shall be approved by the board of\nsupervisors if in session and if not in session by the county judge. The\nundertaking of the county clerk shall name the county and the people of\nthe state of New York as obligees and shall include any liability with\nrespect to the mortgage tax.\n When in the opinion of the board of supervisors the sureties are\ndeemed insufficient and the money and property of the county may be\nunsafe, such board may direct a further undertaking upon ten days'\nnotification thereof in writing and such officer shall not perform any\nduties nor be entitled to compensation until such further undertaking is\nfurnished. All elective and appointive county officers shall give such\nother undertakings as may be required by law.\n The board of supervisors or any county officer shall have the power to\ndemand the giving of an undertaking by subordinates or employees, as may\nbe deemed necessary. Any default or misfeasance in office on the part of\nany such subordinate or employee shall be deemed a breach of the\nundertaking of the county officer appointing him as well as a breach of\nthe undertaking furnished by such subordinate or employee.\n The neglect to furnish and file any such undertaking within the time\nprescribed by law, except in the cases of the sheriff, county clerk and\ndistrict attorney, shall be deemed a refusal to serve and the office may\nbe filled as in the case of a vacancy. Until the sheriff, county clerk\nor district attorney shall execute and file the required undertaking, he\nshall not perform any duties of the office, nor be entitled to any\ncompensation.\n The board of supervisors shall cause an action to be brought upon any\nbreach of the conditions of any such undertaking.\n