Section 406. Reports of officers  


Latest version.
  • 1. The county officer, who shall receive,
      or is authorized by law to receive any fines, penalties, fees, or  other
      moneys  belonging  to the county or in which the county has an interest,
      shall on or before the first day  of  February  of  each  year,  make  a
      verified  or  certified  report  thereof  for  the previous fiscal year,
      except  that  a  county  treasurer,  if  authorized  by  the  board   of
      supervisors, may, within the time period prescribed in section thirty of
      the  general  municipal law, submit a copy of the annual report he makes
      pursuant to section thirty  of  the  general  municipal  law,  provided,
      however,  that  if the time for the filing of the annual report has been
      extended by the state comptroller as provided in the said statute,  then
      the time for submitting a copy of the report to the board of supervisors
      similarly  shall  be  extended.  The  report  shall state the nature and
      amount thereof in such detail as the board of supervisors may direct  by
      local  law or resolution. If no amount was received, the report shall so
      state. It shall include any fees or other moneys earned by such  officer
      and  payable  to  the  county  from  the state or any unit of government
      within the county, or of any other person. It shall include a  statement
      of  the fines, penalties, fees, or other moneys received by such officer
      and paid to any unit of government within the county or  to  the  state.
      Each  county officer shall make such other reports as may be required by
      law or by the board of supervisors. Reports may include such  activities
      and  matters  deemed  of  importance  or  of  interest  to  the board of
      supervisors and the public.
        2. Whenever any county officer is required by law or by the  board  of
      supervisors,  to  make  any  report,  return,  or statement and he shall
      refuse to make the same, or he shall neglect to make the same  and  such
      neglect  is  not  waived  by  the  board  of supervisors or other public
      officer entitled to receive the same, he shall forfeit to the  county  a
      penalty of one hundred dollars, to be recovered by the district attorney
      in  an action brought in the name of the county. Upon application to the
      supreme court upon eight days' notice to the district attorney and  upon
      good  cause being shown, the court may grant an extension of twenty days
      for the making and filing of  such  report.  If  the  district  attorney
      refuses  or  neglects  to make and file such report, the action shall be
      brought by the county attorney in the name of the county.  The  recovery
      together  with  the  statutory costs shall be the property of the county
      and may be used for  general  county  purposes.  Whenever  such  report,
      return,  or statement depends upon information to be given by some other
      public officer, no recovery shall be had, if such county  officer  makes
      and  files  such  report,  return,  or  statement, within ten days after
      receipt of such information. When such report, return or statement is to
      be filed with any state department, board or commission and there  is  a
      refusal  or failure to make and file the same, such department, board or
      commission  may  certify  the  facts  to  the  district   attorney   for
      appropriate action.
        3.  The  action  to recover such penalty shall not be a bar to removal
      from office, or any criminal prosecution.