N.Y. County Law § 652: Undersheriff and staff of sheriff

§ 652. Undersheriff and staff of sheriff. 1. Within ten days after

entering upon the duties of the office, the sheriff shall appoint an

undersheriff to serve during his pleasure. During the absence or

inability of the sheriff to act or when a vacancy shall occur in the

office of the sheriff, the undersheriff shall, in all things, execute

the duties of the office of sheriff until a new sheriff is elected or

appointed and has qualified.

2. Within the limits of the appropriation, the sheriff may appoint as

many regular deputy sheriffs as he may deem proper, but not exceeding

one for every three thousand inhabitants of the county. The board of

supervisors may, however, authorize the appointment of such additional

regular deputy sheriffs as it may determine. A female correction officer

or female deputy sheriff who is authorized to perform correctional

duties and has completed training, as mandated by the state commission

of correction, shall be in attendance in a correctional facility when

females are confined in the correctional facility and shall, when deemed

necessary by the sheriff or keeper of the jail to maintain the order and

security of the facility, be in attendance in any housing unit where

females are confined. A male correction officer or male deputy sheriff

who is authorized to perform correctional duties and has completed

training, as mandated by the state commission of correction, shall be in

attendance in a correctional facility when males are confined in the

correctional facility and shall, when deemed necessary by the sheriff or

keeper of the jail to maintain the order and security of the facility,

be in attendance in any housing unit where males are confined. The

sheriff may also appoint keepers, guards, clerks and employees as may be

authorized by the board of supervisors and such appointees shall serve

during his pleasure. Any person may also be deputed by any sheriff or

undersheriff by written instrument to do particular acts.

3. Each such appointment shall be in a writing filed and recorded in

the office of the county clerk.

4. Before the appointment by a sheriff of any person as an

undersheriff or a deputy, other than a person deputed to do particular

acts, the sheriff shall require such person to, and such person shall,

submit to the sheriff fingerprints of such person, in the form and

manner prescribed by the division of criminal justice services, and it

shall thereupon be the duty of the sheriff to compare, or cause to be

compared such fingerprints with fingerprints filed with the division of

criminal justice services; provided, however, that in any case where the

fingerprints of any such person shall once have been submitted pursuant

to this section and are on file in the office of the sheriff, no new

submission thereof shall be required, nor shall the sheriff be required

to make or cause to be made such comparison if such comparison shall

have been made previously and certification thereof by such department

is on file in his office.