N.Y. Alternative County Government Law § 611: Oath of office; official undertaking

§ 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

undertaking.