2006 New York Code - Law enforcement and other officers.


 
    §  13.  (a)  Except  in counties in the city of New York and except as
  authorized  in  section  one  of  article  nine  of  this  constitution,
  registers  in  counties having registers shall be chosen by the electors
  of the respective counties once in every three years  and  whenever  the
  occurring  of vacancies shall require; the sheriff and the clerk of each
  county shall be chosen by the electors once in every three or four years
  as the legislature shall direct. Sheriffs shall hold  no  other  office.
  They  may be required by law to renew their security, from time to time;
  and in default of giving such  new  security,  their  offices  shall  be
  deemed  vacant.  The  governor  may  remove any elective sheriff, county
  clerk, district attorney or register within the term for which he or she
  shall have been elected; but before so doing the governor shall give  to
  such officer a copy of the charges against him or her and an opportunity
  of being heard in his or her defense. In each county a district attorney
  shall be chosen by the electors once in every three or four years as the
  legislature  shall  direct.  The clerk of each county in the city of New
  York shall be appointed, and be subject to  removal,  by  the  appellate
  division  of  the  supreme court in the judicial department in which the
  county is located. In addition to his or her powers and duties as  clerk
  of the supreme court, he or she shall have power to select, draw, summon
  and  empanel  grand  and  petit  jurors  in  the  manner  and  under the
  conditions now or hereafter prescribed by law, and shall have such other
  powers and duties as shall be prescribed by the city from time  to  time
  by local law.
    (b)  Any  district  attorney  who shall fail faithfully to prosecute a
  person charged with the violation in his or her county of any  provision
  of this article which may come to his or her knowledge, shall be removed
  from  office  by  the  governor,  after due notice and an opportunity of
  being heard in his or her defense. The expenses which shall be  incurred
  by any county, in investigating and prosecuting any charge of bribery or
  attempting  to  bribe  any  person holding office under the laws of this
  state, within such county, or of receiving bribes by any such person  in
  said  county,  shall be a charge against the state, and their payment by
  the state shall be provided for by law.
    (c) The city of New York is hereby vested with power from time to time
  to abolish by local law, as defined by the legislature,  the  office  of
  any county officer within the city other than judges, clerks of counties
  and  district  attorneys,  and  to  assign  any or all functions of such
  officers to  city  officers,  courts  or  clerks  of  counties,  and  to
  prescribe  the powers, duties, qualifications, number, mode of selection
  and removal, terms of office and compensation  of  the  persons  holding
  such  offices  and the employees therein, and to assign to city officers
  any powers or  duties  of  clerks  of  counties  not  assigned  by  this
  constitution.  The legislature shall not pass any law affecting any such
  matters in relation to such offices within the city of New  York  except
  on  message from the governor declaring that an emergency exists and the
  concurrent action of two-thirds of the members  of  each  house,  except
  that  existing  laws regarding each such office shall continue in force,
  and may be amended or repealed by the legislature as  heretofore,  until
  the  power herein granted to the city has been exercised with respect to
  that office. The provisions  of  article  nine  shall  not  prevent  the
  legislature   from  passing  general  or  special  laws  prescribing  or
  affecting powers and duties of such city  officers  or  such  courts  or
  clerks  to  whom  or  which functions of such county officers shall have
  been so assigned, in so far as such powers or  duties  embrace  subjects
  not relating to property, affairs or government of such city.


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