Section 611. Oath of office; official undertaking  


Latest version.
  • 1. The county executive
      and each other officer whose compensation  is  paid  from  county  funds
      shall take and file an official oath in the manner prescribed in section
      ten  of  the  public  officers  law  and  the provisions of section four
      hundred two of the county law shall apply to all such officers.
        2. The county executive, the head of each administrative unit and each
      other officer whose compensation is paid from county funds shall, before
      entering upon the duties of his office, execute an official  undertaking
      as  provided  in  section  eleven  of the public officers law, except as
      otherwise provided by law. The amount of such undertaking shall be fixed
      by the board of supervisors and approved by such board if in session and
      if not in session by the county clerk, except that  the  undertaking  of
      the  county  clerk  shall  be  approved by the county judge. When in the
      opinion of the board of supervisors the sureties are deemed insufficient
      and the money and property of the county may be unsafe, such  board  may
      direct  a  further  undertaking  upon  ten days' notification thereof in
      writing and such officer shall not perform any duties nor be entitled to
      compensation until such further undertaking is furnished.  All  elective
      and appointive county officers shall give such other undertakings as may
      be required by law. The board of supervisors or any county officer shall
      have the power to demand the giving of an undertaking by subordinates or
      employees,  as  may  be  deemed necessary. Any default or misfeasance in
      office on the part of any such subordinate or employee shall be deemed a
      breach of the undertaking of the county officer appointing him  as  well
      as  a  breach  of  the  undertaking  furnished  by  such  subordinate or
      employee. The neglect to furnish and file any  such  undertaking  within
      the  time  prescribed by law, except in the cases of the sheriff, county
      clerk and district attorney, shall be deemed a refusal to serve and  the
      office  may  be  filled  as in the case of a vacancy. Until the sheriff,
      county clerk or district attorney shall execute and  file  the  required
      undertaking,  he  shall  not  perform  any  duties of the office, nor be
      entitled to any compensation. The board of supervisors  shall  cause  an
      action  to  be  brought  upon  any  breach of the conditions of any such
      undertaking.