Section 401. Deputies  


Latest version.
  • 1. Except as otherwise provided in this chapter, the
      board of supervisors may authorize any officer of the county  paid  from
      county  funds  or  the  head  of  any  department to appoint one or more
      deputies, who shall perform such duties not  inconsistent  with  law  as
      shall  be  assigned  to  them by the appointing officer. In the event an
      authorized officer or department head  fails  to  appoint  one  or  more
      deputies and the authorized officer or department head is disabled for a
      period  greater  than  thirty days, the board of supervisors may appoint
      such a deputy who shall possess the powers and perform the duties of the
      principal until the disability  is  removed  or  until  a  successor  is
      elected or appointed and has qualified.
        2. If there be but one deputy, he shall possess the powers and perform
      the  duties  of  his  principal  during  the absence or inability of his
      principal to act. If there be more than one deputy, the principal  shall
      designate  in  writing and file in the office of the county clerk and of
      the clerk of the board of supervisors the order in  which  they  are  to
      serve during his absence or inability to act.
        3.  In  the  event  of  a vacancy in the office of the principal, such
      deputy, or the deputy  so  designated,  shall  possess  the  powers  and
      perform the duties of his principal until the disability is removed, or,
      in  case of a vacancy, until a successor is elected or appointed and has
      qualified. If no designation shall have been made and filed, the  senior
      deputy shall act.
        4. In the event of a vacancy in the office of the principal, the board
      of   supervisors   may  require  such  deputy  to  furnish  an  official
      undertaking in an amount fixed by such board and approved as provided in
      this chapter, and upon default thereof, said board of supervisors  shall
      have  the  power  to  designate  another  employee  in  such  office  or
      department as the acting  principal  officer,  who  upon  executing  and
      filing such undertaking shall have and exercise the powers and duties of
      the office until a successor is elected or appointed and has qualified.
        5.  The  provisions  of  this section shall not apply to the office of
      undersheriff, or to the office of coroner or to the office of  coroner's
      physician.
        6.  The  provisions  of  this  section  shall  supersede  inconsistent
      provisions of section nine of the public officers law.