2006 New York Code - Officers; Manner Of Selection; Term; Vacancies.

 
    §  400.  Officers;  manner of selection; term; vacancies. 1. Elective.
  There shall be elected a sheriff, county clerk,  district  attorney  and
  county treasurer. Except in the county of Lewis, coroners shall continue
  to  be  elected  as now provided by law until the office is abolished or
  the number is increased or diminished pursuant to the provisions of this
  chapter. Unless otherwise provided in this chapter, the term  of  office
  of  each  such officer shall continue to be three years, except that the
  terms of office of sheriff, county clerk, county treasurer  and  coroner
  shall  be  four  years  from and including the first day of January next
  succeeding  his  election.  There  shall  be  elected  a  county  judge,
  surrogate, and judge of the family court as now or hereafter provided by
  law. The term of office of each such judicial officer shall be ten years
  from  and  including  the  first  day  of  January  next  succeeding his
  election.
    1-a. District attorney in counties outside of New York city. The  term
  of  office  of  the district attorney of each county outside of New York
  city shall be for four years commencing on  the  first  day  of  January
  following  the general election for district attorney in each respective
  county.
    2. Coroners. At least one hundred fifty  days  prior  to  any  general
  election   and   subject  to  a  permissive  referendum,  the  board  of
  supervisors shall have power by local  law  to  abolish  the  office  of
  coroner  and  create the office of medical examiner. The terms of office
  of all coroners elected or appointed and holding office in the county at
  the time  such  local  law  becomes  effective  shall  expire  upon  the
  appointment and qualification of the medical examiner and at the general
  election  to  be  held  in such year and thereafter no coroners shall be
  elected in the county.
    3. At least one hundred fifty days prior to any general  election  and
  subject  to a permissive referendum, the board of supervisors shall have
  power by local law to change the number of coroners to be elected to not
  less than one nor more than four. The board may divide the  county  into
  districts  bounded by city or town lines and provide for the election of
  one coroner in each district.  The  terms  of  office  of  all  coroners
  elected  or  appointed and holding office in the county at the time such
  local law becomes effective shall expire on  the  December  thirty-first
  following. At the general election to be held in the year such local law
  becomes  effective,  one or more coroners shall be elected in the county
  as provided by such local law.
    3-a. Coroner in Lewis county. All the powers and duties of the  office
  of  coroner  of the county of Lewis are hereby transferred to the office
  of district attorney of such county, and the district attorney  of  such
  county  shall  exercise  and  perform  all  the powers and duties of the
  office of coroner  of  such  county.  The  district  attorney  shall  be
  entitled  to  such  additional  fees or compensation from the county for
  performance of duties as coroner as shall  be  fixed  by  the  board  of
  supervisors,   and   his   reasonable  and  necessary  expenses  in  the
  performance of the duties of such office shall be a county  charge.  The
  provisions  of  this section shall not have the effect under section ten
  of the municipal home rule law to permit any county,  other  than  Lewis
  county  as  herein  prescribed,  to change, amend or supersede, by local
  law, any provisions of this chapter.
    3-b. Coroner in Madison  county.  The  office  of  coroner  is  hereby
  re-established  in  Madison  county.  All  the  powers and duties of the
  office of coroner of the county of Madison are hereby transferred to the
  office of district attorney of such county, and the district attorney of
  such county shall exercise and perform all the powers and duties of  the
  office  of  coroner  of  such  county.  The  district  attorney shall be
  entitled to such additional fees or compensation  from  the  county  for
  performance  of  duties  as  coroner  as  shall be fixed by the board of
  supervisors,  and  his  reasonable  and  necessary   expenses   in   the
  performance  of  the duties of such office shall be a county charge. The
  provisions of this section shall not have the effect under  section  ten
  of  the municipal home rule law to permit any county, other than Madison
  county as herein prescribed, to change, amend  or  supersede,  by  local
  law, any provisions of this chapter.
    4.  (a) Appointive. There shall continue to be appointed in the manner
  prescribed by law  a  clerk  of  the  board  of  supervisors,  a  county
  attorney,  county  superintendent  of  highways,  sealer  of weights and
  measures and county historian. The board of supervisors may by local law
  provide for the appointment of additional county officers, define  their
  powers  and  duties not inconsistent with law, and fix the term of their
  office. No officer appointed for a fixed term shall be  removed  by  the
  board  during his term without written charges and the opportunity to be
  heard.
    (b) The chief executive officer of a county public welfare department,
  whether referred  to  as  commissioner  or  by  other  title,  shall  be
  appointed  in  accordance  with  the  provisions  of section one hundred
  sixteen of the social welfare law.
    4-a. Medical examiner. The board of supervisors in any county in which
  the office of coroner is abolished shall appoint a medical  examiner.  A
  certificate  of  such  appointment  shall  be  filed and recorded in the
  office of the county clerk. The medical examiner, before  entering  upon
  the  duties  of  his  office, shall take and file the prescribed oath of
  office and furnish  and  file  the  required  undertaking.  The  medical
  examiner shall serve at the pleasure of the board of supervisors and his
  appointment  may  be  revoked  at any time by resolution of the board of
  supervisors and the filing of a certificate of such  revocation  in  the
  office  of the county clerk. The medical examiner shall be a resident of
  the county and a physician duly licensed to practice his  profession  in
  the  state  of New York and shall be a person determined by the board of
  supervisors as qualified to perform an autopsy and dissect  dead  bodies
  of human beings.
    4-b.  Coroner's  physician.  Except  in  counties  where the office of
  coroner has been abolished, the board of supervisors may appoint one  or
  more   coroner's  physicians  or  may  provide  by  local  law  for  the
  appointment of one or more coroner's physicians, and may fix  the  terms
  of  their  office.    In  any  county in which the coroner or any of the
  coroners is not a physician duly licensed to practice medicine  in  this
  state, the board shall appoint one or more coroner's physicians.
    Each  coroner's physician appointed pursuant to this subdivision shall
  by virtue of his office be a deputy coroner and shall possess the powers
  and perform the duties of the coroner, during the absence  or  inability
  of  the  coroner  to  act, or in the event of a vacancy in the office of
  coroner.
    5. Certificate of election or appointment. Upon filing in  the  office
  of  the  county  clerk  a  certificate of election or appointment of any
  officer, together with the  oath  of  office  and  official  undertaking
  prescribed  by  law,  the county clerk shall execute and deliver to such
  officer a certificate stating that he or she has duly qualified  and  is
  entitled  to  assume  the  duties of his or her office. On or before the
  tenth day of January in each year and thereafter within five days  after
  any   subsequent  appointment  is  made,  the  clerk  of  the  board  of
  supervisors shall file in the office of the county clerk  a  certificate
  showing  the  names of all officers of the county appointed by the board
  and the amount of the official undertaking, if  any,  required  in  each
  case.  On  or  before  the  fifteenth  day  of  January in each year and
  thereafter within five days after any person is elected or appointed  to
  any  office within the county, the county clerk shall file in the office
  of  the executive department of the state a certificate showing the name
  of each person so elected or  appointed  who  has  duly  qualified  and,
  within  the  same time periods, file the name of any person appointed to
  the office of director of real property  tax  services  with  the  state
  board of real property services.
    6.  Notice  of  vacancy  in  office. Within ten days after any vacancy
  occurs as prescribed by section thirty of the public officers  law,  the
  county clerk shall give notice thereof to the governor when the power of
  appointment  is  vested  in the governor and to the board of supervisors
  when the power of appointment is vested in said board.
    7. Filling of vacancies. Except as hereinafter provided, a vacancy  in
  an   elective  county  office,  shall  be  filled  by  the  governor  by
  appointment and for the office of sheriff with the advice and consent of
  the senate if in session. When a vacancy shall occur, otherwise than  by
  expiration of term in the office of county judge, surrogate, or judge of
  the family court, it shall be filled for a full term at the next general
  election  held not less than three months after such vacancy occurs and,
  until the vacancy shall be so filled,  the  governor  by  and  with  the
  advice and consent of the senate, if the senate shall be in session, or,
  if  the  senate not be in session, the governor may fill such vacancy by
  an appointment which shall continue until and including the last day  of
  December next after the election at which the vacancy shall be filled. A
  vacancy  in  the  office  of  coroner  shall  be  filled by the board of
  supervisors. Such officer shall hold  office  until  and  including  the
  thirty-first  day  of  December  succeeding the first annual election at
  which the vacancy can be filled by election. A person appointed to  fill
  a  vacancy in an office named in the constitution shall receive the same
  compensation that was fixed for the office for the most recent  elective
  term.  The  board of supervisors shall fill any vacancy in an appointive
  county office for the unexpired term as prescribed by law.