§ 18 — Official undertakings

New York § 18

• Jurisdiction: New York
• Law SCC: Second Class Cities
• Art. 3: Officers

Text

§ 18. Official undertakings. No person elected or appointed to a city\noffice shall enter upon or continue in the discharge of the duties of\nhis office until he shall have executed and filed with the city clerk\nthe official undertaking, if any, required to be given and the same\nshall have been approved as to its form and validity by the corporation\ncounsel and as to the sufficiency of the sureties by the mayor. All such\nundertakings shall be recorded in the office of the city clerk. In\naddition to the city officers required in this chapter, or otherwise by\nlaw, to give official undertakings, the common council may require any\nother city officer to give an official undertaking in such penal sum and\nwith such conditions and sureties as it shall direct and approve. It may\nalso, in a proper case, require an undertaking of any officer in\naddition to that required by law. The mayor shall examine the\nsufficiency of the proposed sureties of any officer or person from whom\nan official undertaking is required and may require such sureties to be\nexamined on oath as to their property qualifications and liabilities.\nThe deposition of each surety shall be reduced to writing, subscribed by\nhim, certified by the officer administering the oath and annexed to and\nfiled with the undertaking. In case any city officer shall fail to file\nthe required official undertaking, if an elective officer, within thirty\ndays after receipt of his certificate of election, and if an appointive\nofficer, within fifteen days after receipt of notice of his appointment,\nthe office shall be deemed to be vacant and the vacancy shall be filled\nin the manner herein provided for the filling of a vacancy therein\nhappening otherwise than by expiration of term. The official undertaking\nof a city officer shall not be a lien upon real estate owned by him or\nthe sureties on such undertaking.\n