Alternative County Government - General Provisions - Oath of office; official undertaking

Published: 2014-09-22

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§ 611. Oath of office; official undertaking. 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