Section 403. Official undertakings  


Latest version.
  • The county clerk, the county treasurer,
      the district attorney, the sheriff, such county  officers  as  shall  be
      specially  required  by  law,  and  such other county officers as may be
      required by local law or resolution of the board of supervisors,  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  the
      undertaking  of  the  county  clerk  shall  be  approved by the board of
      supervisors if in session and if not in session by the county judge. The
      undertaking of the county clerk shall name the county and the people  of
      the  state  of New York as obligees and shall include any liability with
      respect to the mortgage tax.
        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.