N.Y. Town Law § 25: Oaths of office and undertaking

§ 25. Oaths of office and undertaking. Before he or she enters on the

duties of the office, and within thirty days after the commencement of

the term of office for which he or she is chosen, every town officer

shall take and subscribe before an officer authorized by law to

administer oaths in his or her county, the constitutional oath of office

and such other oath as may be required by law, which shall be

administered and certified by the officer taking the same without

compensation, and such oath shall be filed in the office of the town

clerk. Each town justice shall also file such oath of office as provided

pursuant to section one hundred four of the uniform justice court act

with the county clerk and the office of court administration.

Each supervisor, town clerk, collector, receiver of taxes and

assessments, town justice, constable, town superintendent of highways,

and such other officers and employees as the town board may require,

before entering upon the duties of his or her office, and within thirty

days after commencement of the term for which he or she is chosen, shall

execute and file in the office of the clerk of the town, an official

undertaking, conditioned for the faithful performance of his or her

duties, in such form, in such sum and with such sureties as the town

board shall direct and approve and such approval shall be indicated upon

such undertaking. Unless the town board of his or her town has procured

a blanket undertaking pursuant to subdivision two of section eleven of

the public officers law that covers him or her, each town justice shall

also file such undertaking as provided by section one hundred four of

the uniform justice court act with the county clerk. Such undertaking

shall not be recorded unless the town board of the town shall adopt a

resolution so requiring and shall indicate such requirement upon such

undertaking. The undertaking of the supervisor shall be further

conditioned that he or she will well and truly keep, pay over and

account for all moneys and property, including any special district

funds and the local school fund, if any, belonging to his town and

coming into his or her hands as such supervisor. The undertaking of the

receiver of taxes and assessments shall be further conditioned that he

or she will well and truly keep, pay over and account for all moneys and

property coming into his or her hands as such receiver of taxes and

assessments, including all school district taxes, and such undertaking

shall be in lieu of any other bond or undertaking otherwise required by

law in the collection of such school district taxes and the proper

accounting therefor, except the undertaking required by sections

twenty-five hundred six and twenty-five hundred twenty-seven of the

education law, and the trustees of every school district for which such

receiver of taxes and assessments shall act as collector shall have and

may exercise the same powers and remedies with respect to such

undertakings as is given them with respect to the official bond of the

collector by the provisions of article forty-three of the education law

or by the provisions of any other general or special law. The town board

at any time may require any such officer or employee to file a new

official undertaking for such sum and with such sureties as the board

shall approve. In addition, the town board may require any town officer

depositing funds or moneys of the town to file a depository bond

indemnifying the town against any loss thereof. The town board may by

resolution determine that any such undertaking or bond shall be executed

by a surety company authorized to transact business in the state of New

York and the expense thereof shall be a charge against the town. The

filing of such oath and undertaking, when required, shall be deemed an

acceptance of the office. The town clerk shall notify the town board in

writing of the expiration of any undertaking or bond filed in his or her

office pursuant to this section, at least thirty and not more than sixty

days prior to the date of expiration thereof.

A neglect or an omission to take and file such oath, or to execute and

file such undertaking within the time prescribed herein, except in the

case of town justices, shall be deemed a refusal to serve and the office

may be filled as in case of vacancy. The undertaking of a town officer

provided by this section shall be in addition to any undertaking

otherwise required by law.